To Governor Jay Inslee, The Board of Clemency and Pardons,

My mothers remaining sentence needs mercy. Our family asks for the release of Danyielle Jones, incarcerated as Danyielle Cunningham.

She is in Mission Creek Correctional Center for Women, serving 38 months for a Robbery 1. My mother admitted to taking some items from Fred Meyer‘s, June of 2018 in Washington. However, the allegations that there could have been a gun seen were highly exaggerated. No evidence of a weaponed used. There was surveillance footage but the judge refused to look at it. My mother had no intention of robbing a grocery store with a firearm. The loss prevention guy was unsure of what he saw. While her purse was on her shoulder, she held her purse strap while leaving the store, pushing a cart. I quote “A shoplifter who then pulled or displayed a gun handle?” … “he asked her if she had just shown him a gun.”

“ (1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value,… (2) Theft in the third degree is a gross misdemeanor.” (RCW 9A.56.050: Theft in the third degree. (wa.gov))

The value of the items she took was far less than $750, $166.74 to be exact. Without the gun charge that would have been Theft in the third degree. A gross misdemeanor. Punishment up to 365 days in jail. And a fine of up to $5000.

The judge did not even watch the tape. We asked him in court if he could. 

“ Robbery 1: (1) A person is guilty of robbery in the first degree if:
(a) In the commission of a robbery or of immediate flight therefrom, he or she: (i) Is armed with a deadly weapon; or(ii) Displays what appears to be a firearm or other deadly weapon; or
(iii) Inflicts bodily injury; or
(b) He or she commits a robbery within and against a financial institution as defined in RCW 7.88.010 or 35.38.060.
(2) Robbery in the first degree is a class A felony.”(https://app.leg.wa.gov/rcw/default.aspx?cite=9A.56.200 

The severity of the crime is theft from a grocery store; which I will add was during a 4 year time frame of homelessness with 5 kids. My mom took some items from the grocery store. She did not rob anybody with a weapon. Neither does she try to display a weapon. She took some items that were less than $200 in total. Which should have been theft only.

My mom had been out on bail for 3 years with no charges and no contact with the police before they sentenced her May 28th 2021. She is currently incarcerated and has now served a total confinement of 14 months. My mom never checked in late with her probation officer. She made sure to always check in.

Unfortunately, my mother has Rectal Prolapse and Female Rectocele. Rectal prolapse is a condition that occurs when part or all of your large intestine slips outside the anus. She also has Posterior Vaginal Prolapse. This is where the tissue that separates the rectum from the vagina weakens, causing the rectum to bulge into the vagina.

My mothers last appointment with the prison's Medical Advisor was on 06/12/2022. She went in with symptoms of:

High pressure back pains
Uncontrollable urine leaks

Cramps like labor

Spotting even after a period

Trouble having bowel movements

and the feelings of something “coming out”. This has been ongoing since she was sentenced. Doctors ordered no more work until her release. She can not lift anything over ten pounds. She can not stand for long periods of time. They also prescribed her something for her bladder leaks. 

 Before she went in we made it very clear to the judge, and her lawyer at the time that she needed to have SURGERY. (Doctors note provided along with SCHEDULED APPOINTMENTS). We were told by both the judge and lawyer that she would be able to still get the surgery done. 

If this is left untreated:

   1. Common problems: trouble controlling your bladder, not being able to empty your bladder, infection, bladder injury.

  2. A hole or opening that forms between two organs in your body.

  3. Severe prolapse can cause obstruction of the kidneys or Urinary retention. This may lead to kidney damage or infection. 

Her doctor has been corroborative of the situation and she says she still needs the surgery. Usually if approved by the prison and your doctor, you can still get surgeries done especially if they are urgent. However, my mother has been told they will not help her get this surgery because it’s an “Elective Surgery”. 

My mother has needed the surgery now for over 4 years. So, four years ago this could have been an elective surgery. Now it’s getting to the point where it needs to be treated ASAP.
Elective surgery:

“Surgery that is subject to choice (election). The choice may be made by the patient or doctor. For example, the time when a surgical procedure is performed may be elective. The procedure is beneficial to the patient but does not need to be done at a particular time. As opposed to urgent or emergency surgery.” https://www.medicinenet.com/elective_surgery/definition.htm

“Under the eighth amendment to the United States Constitution, prison officials are required to provide prisoners with reasonably adequate medical care. Courts have defined adequate medical care as “services at a level reasonably commensurate with modern medical science and of a quality acceptable within prudent professional standards.” And at “

A level of health services reasonably designed to meet routine and emergency medical, dental and psychological or psychiatric care.” “ https://www.prisonlegalnews.org/news/2003/may/15/federal-legal-standards-for-prison-medical-care

 On June 11 2020, Washington state legislature enacted a law, Senate Bill 6164 allowing early release of incarcerated individuals if their sentence no longer advances the interest of justice.

Advances; as in a development moving forward. Justice; as in moral rightness.

My mother being incarcerated with the conditions she is facing will not help her in any way moving forward successfully. Punishment for what you did should not involve severe suffering. Punishment should have lessons and teachings that help individuals learn and evolve from the state of existence they were in at the time of the crime.

My Mother is always at home taking care of my three youngest siblings. I have a 15-year-old Autistic brother. He has a significant intellectual disability. My brother will most likely never drive a car, he will never buy his own groceries and he will not get an apartment on his own. He has to have 24 hour care for the rest of his life. 

I no longer have my own apartment and I’m back at my parents house helping take care of my siblings. With my mom being away it is hard to keep my income up. My stepdad works six days out of the week, 10 to 12 hour shifts. He helps keep us in our home, provides food and great communication with our mother. 

All three of my siblings are at different levels in education. My 9 year-old brother is the youngest, my 15-year-old autistic brother, and my 16-year-old sister who is in high school. My mom right now is the biggest influence in their life when it comes to their mind and their growth. Without my mom it is very difficult to stay on track of things for myself as well as my three siblings. My autistic brother's principal was so amazed at our family and how well we helped take care of him and stayed connected as a family, all due to our mother. 

Keeping her incarcerated with the health problems she has, and the family needs at home is realistically unjustifiable. Which is why we have things like compassionate release in place federally for people with her circumstances.

These last two years in the prisons, there has been a huge Hardship on the inmates and staff. She has a very healthy, safe, protective environment at home. With being my brother's caregiver and having a family to attend to, her interests are in a good direction and giving back to others.

A bill was passed requested by the Department of Corrections. Allowing individuals to complete the remaining part of their sentence in partial confinement with electronic home monitoring.

Sponsor Sen. Jeannie Darneille said the recidivism rate is less than 1%. 

In 2010 bill 6639 created two parenting sentencing alternatives for individuals with minor children. (FOSA & CPA). This bill was supported by the Department of Corrections and Department of Social and Health services. 

“ research shows children of incarcerated parents are significantly more likely to end up in the criminal system themselves.” …” The focus is the children, family, and maintaining the family bond. So that the individuals can be productive contributions to their families and communities.” …” The goal of these programs is to help stop the cycles of criminal activities.”  https://www.doc.wa.gov/corrections/justice/sentencing/parenting-alternative.htm#eligibility

My mother meets the required conditions;

All signed documents for release of information

Has physical custody of all kids

No convictions for a sex or violent crime

Not subjected to deportation 

“ We know that science supports the concept that people are more successful in transition into a community and supported by resources before, during and after transition.” https://www.krem.com/amp/article/news/crime/washington-doc-considers-closing-18-living-units-in-12-prisons/293-3996730f-2bcb-46a8-afcf-bed204ca6932

The GRE program expands the number of individuals eligible for the program to more than 2,600 currently incarcerated individuals in 2021, and 3,000 incarcerated individuals for 2023.

This means more people will transfer to partial confinement or electric home monitoring.

“ Successful reentry relies on a positive support system such as family, employment, education, and target treatment.” 

https://www.krem.com/amp/article/news/crime/washington-doc-considers-closing-18-living-units-in-12-prisons/293-3996730f-2bcb-46a8-afcf-bed204ca6932

As you can see there are MANY reasons why my mother can and should be released from incarceration. She has three minor children and a huge health problem to take care of. Along with showing responsibility while incarcerated. 

To consider a release the following is looked over;

Individuals disciplinary record while incarcerated.

Any record of rehabilitation while incarcerated.

Age, time served or physical condition reduce risk of future mistakes.

Any evidence of change in the circumstances since the individual's original sentence. 

Susceptibility to COVID-19/immunocompromised.

My mother has not been in any trouble during her 3 years out on bail and currently during the 14 months total incarceration. 

No rehabilitation during incarceration

My mother’s health is in serious urgent condition 

Considering her lungs and blood pressure from her PTSD and current health problems, she is 100% immunocompromise to COVID-19

Not only has my mother served a justifiable time, she has also participated in Horticulture and Parenting Inside out. She has also been Certified for Flagging Jobs. My mother made sure to stay productive by expanding her personal education, family building skills and job related involvement while at WCCW and MCCC. While at Mission Creek they gave her a very trusting job when she first came in.

The mercy of my mothers freedom is in your hands. I ask that you consider her health, my siblings and her growth with our family. That’s most important in any life situation. Having a family that loves you and is there for you. Thank you.