GRANT CLEMENCY FOR CRUZ AVILA SENTENCED TO DEATH BY INCARCERATION BUT DID NOT TAKE A LIFE!

The Issue

Cruz Avila CDCR # P02338, is currently serving his 24th year at CSP Solano an institution within the California Department of Corrections and Rehabilitation. Cruz is a first-time offender with absolutely no criminal history prior to this arrest including as a juvenile. Cruz was arrested on March 06, 1996 at the age of 20 and subsequently sentenced to death by incarceration (Life Without Parole) for a conviction of 1st degree felony murder under the Felony Murder Rule. The principle, (shooter) in his case was also sentenced to (Life without Parole) as was another codefendant. His participation in the events that led to his arrest were minimal as the prosecution acknowledged yet he was convicted along with his codefendants.


Cruz did not take a life. He plead not guilty but was convicted at trial for a murder he did not commit. He was sentenced to the mandatory sentence of Life Without Parole for 1st degree Felony Murder with special circumstances for the rest of his natural life! Where is the justice in this sentence? Should Cruz have to pay his debt to society with his life? Cruz never took a life! Why should he die in prison? He has so much potential and would be a valuable contributor not only to his family but his community as well. He deserves to be given a second chance.


Cruz began the start of his 24th year of incarceration at CSP Solano on March 07, 2020. Please think about this for a moment, your life in the last 24 years. All of the things you have done; holidays, birthdays, vacations, schooling, graduations, new careers, marriage, births as well as deaths, among many other things. All of these things he has missed. Can you imagine surviving 24 years behind the walls of confinement for something you did not do?


Cruz Avila is an accomplished student with one semester left in obtaining his college degree all while maintaining a GPA of 3.5. He currently holds a position in the Optical Department at CSP Solano. He has completed more than 40 Self Help programs which include, Coordinator/Facilitator and Mentor for the L.W.O.P Lifeline Youth Offender Group Workshop, Speak Easy (public speaking), Victim Awareness, Facilitator Training, Relapse Prevention, Advanced Creative Conflict Resolutions, and Polar Plunge for Change where his contributions helped raise $2700.00 for the Special Olympics of Northern California and he was commended for his efforts. These name just a few of Cruz's accomplishments during his incarceration.


Cruz Avila has overcome adversities and become a model prisoner during his incarceration over the past 24 years. Please support this petition so Cruz may be granted clemency and be released into the loving arms of his mother and step father, Petra and Michael Himes who have suffered along with him for nearly two and a half decades. His loving daughters, Monique and Mareena Avila who have spent their entire lives wishing their father was home to celebrate birthdays with them. Mareena also waits for the day that she will have a regular picture with her father outside of the prison walls since he has been incarcerated her entire life. His brother Richard waits with open arms to welcome Cruz home. There is an entire support system of aunts, uncles, cousins, and friends in place to support Cruz upon his release.


Cruz often speaks of how hard it has been being incarcerated for all of his daughter's birthdays. At the time of his arrest he left behind an 11-month-old daughter and had another on the way. Despite his inability to be there the way he wanted to be he has established and maintained a bond with his girls as well as close relationships with his family. He speaks fondly of them and how they have been what has kept his hope alive for decades inside the prison walls. Cruz continues to work diligently towards his rehabilitation and does so with the most positive attitude! He takes full responsibility for his actions and his role in the crime that led to his incarceration. He has lost so much precious time that he will never get back waiting for justice to be served in his case.


Cruz Avila, if granted clemency, will succeed and make a positive impact in society. Please know in your heart, that if you sign this petition, you will participate in the release of a good, decent, loving, kind, and completely rehabilitated man. It is time for Cruz to come home now!

2,229

The Issue

Cruz Avila CDCR # P02338, is currently serving his 24th year at CSP Solano an institution within the California Department of Corrections and Rehabilitation. Cruz is a first-time offender with absolutely no criminal history prior to this arrest including as a juvenile. Cruz was arrested on March 06, 1996 at the age of 20 and subsequently sentenced to death by incarceration (Life Without Parole) for a conviction of 1st degree felony murder under the Felony Murder Rule. The principle, (shooter) in his case was also sentenced to (Life without Parole) as was another codefendant. His participation in the events that led to his arrest were minimal as the prosecution acknowledged yet he was convicted along with his codefendants.


Cruz did not take a life. He plead not guilty but was convicted at trial for a murder he did not commit. He was sentenced to the mandatory sentence of Life Without Parole for 1st degree Felony Murder with special circumstances for the rest of his natural life! Where is the justice in this sentence? Should Cruz have to pay his debt to society with his life? Cruz never took a life! Why should he die in prison? He has so much potential and would be a valuable contributor not only to his family but his community as well. He deserves to be given a second chance.


Cruz began the start of his 24th year of incarceration at CSP Solano on March 07, 2020. Please think about this for a moment, your life in the last 24 years. All of the things you have done; holidays, birthdays, vacations, schooling, graduations, new careers, marriage, births as well as deaths, among many other things. All of these things he has missed. Can you imagine surviving 24 years behind the walls of confinement for something you did not do?


Cruz Avila is an accomplished student with one semester left in obtaining his college degree all while maintaining a GPA of 3.5. He currently holds a position in the Optical Department at CSP Solano. He has completed more than 40 Self Help programs which include, Coordinator/Facilitator and Mentor for the L.W.O.P Lifeline Youth Offender Group Workshop, Speak Easy (public speaking), Victim Awareness, Facilitator Training, Relapse Prevention, Advanced Creative Conflict Resolutions, and Polar Plunge for Change where his contributions helped raise $2700.00 for the Special Olympics of Northern California and he was commended for his efforts. These name just a few of Cruz's accomplishments during his incarceration.


Cruz Avila has overcome adversities and become a model prisoner during his incarceration over the past 24 years. Please support this petition so Cruz may be granted clemency and be released into the loving arms of his mother and step father, Petra and Michael Himes who have suffered along with him for nearly two and a half decades. His loving daughters, Monique and Mareena Avila who have spent their entire lives wishing their father was home to celebrate birthdays with them. Mareena also waits for the day that she will have a regular picture with her father outside of the prison walls since he has been incarcerated her entire life. His brother Richard waits with open arms to welcome Cruz home. There is an entire support system of aunts, uncles, cousins, and friends in place to support Cruz upon his release.


Cruz often speaks of how hard it has been being incarcerated for all of his daughter's birthdays. At the time of his arrest he left behind an 11-month-old daughter and had another on the way. Despite his inability to be there the way he wanted to be he has established and maintained a bond with his girls as well as close relationships with his family. He speaks fondly of them and how they have been what has kept his hope alive for decades inside the prison walls. Cruz continues to work diligently towards his rehabilitation and does so with the most positive attitude! He takes full responsibility for his actions and his role in the crime that led to his incarceration. He has lost so much precious time that he will never get back waiting for justice to be served in his case.


Cruz Avila, if granted clemency, will succeed and make a positive impact in society. Please know in your heart, that if you sign this petition, you will participate in the release of a good, decent, loving, kind, and completely rehabilitated man. It is time for Cruz to come home now!

The Decision Makers

Gavin Newsom
California Governor

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