Ernest was charged with second degree murder and criminal possession of a deadly weapon to the 2nd degree in 1987. Ernest was in a life-or-death situation when two armed men entered a bar in the 80s. This shooting happened on a Sunday; Ernest believed in Sabbath Sunday in which you are supposed to rest. Typically, Ernest does not leave his house on a Sunday unless he is taking his children to the movies. Ernest is a God-fearing man and a good guy who was put in a tragic situation. In this tragic situation, Ernest chose life by finding a way to leave the situation in a safe manner to make it back home to his family. Unfortunately, those two men were killed that night. Ernest chose to turn himself in while others decided to go into hiding. In NYS, we do not have any laws that protect us for standing our ground and that may have been a reason why some people have never turned themselves in. 

To preserve his innocence, Ernest pleaded not guilty, and the case went to trial. Ernest believed he was able to beat the case since trouble found him and he did not go looking for it. With Ernest’s criminal history being clean from any type of assault, possession of drugs/ weapons and free from any type of violent crime, there was hope. This mitigating evidence was overlooked which eliminated the opportunity of Ernest receiving a lesser sentence. During the 1980s, black and brown people of color were arrested at a higher rate than any other race and were sentenced harshly. Family and friends believed; Ernest was sentenced harshly by receiving a lengthy sentence as a first-time offender. Instead of the judge sentencing Ernest concurrently for two crimes, he was sentenced consecutively which meant Ernest would have to serve 25 years for one term then another 25 years for the second term. Ernest was sentenced to a minimum of 50 years and the maximum of Life. Typically, when sentences are given all factors are taken into consideration to determine the best punishment that the offender deserves. In this scenario, the judge only looked at the aggravating circumstances in which two men were killed. There is no viable evidence that Ernest was the one who took those two men’s lives.  Being that Ernest was charged with Second-degree Murder, shows the crime was not premediated. 

Ernest has been an inmate at Attica Correctional Facility for over 30 years. During his time at the facility, Ernest earned a spot on the “Honors” floor and continues to serve as a role model. One of the reasons why he was chosen to be on the “Honors” floor is because of his good behavior, strong leadership skills and his williness to help others, especially younger individuals.  Ernest achieved other accolades: Nurse’s Aide exam, earned his G.E.D and earned credits at Mercy college toward a degree and etc.  Ernest always demonstrated good behavior by never giving any Correction Officers any problems and has never been put in solitary confinement.

Ernest has 3 decades worth of good behavior in the correctional facilities and should be granted a second chance. Ernest will continue to show that he will be a valued citizen outside the correctional facility. The correction officers and warden know that he is not a threat to himself or others through his good behavior. Research shows that most facilities do not have adequate resources to care for inmates over 50.  Ernest is now 65. In addition, research shows that recidivism rates decrease as the age increases. Analyzing statistics will show that it is highly unlikely for individuals over the age 50 to be repeat offenders. If given a second chance, Ernest will come home to a loving family that will provide support, a home and any support needed in his endeavors as a valued citizen. 

Ernest’s family and friends are highly grateful that he survived the pandemic while being incarcerated with limited amount of resources. We are asking our friends, extended family, community, Governor Kathy Hochul and Attorney General Letitia “Tish” James to help bring Ernest home.