Commute Kelly Beau Davis' Sentence
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Help us request that Governor Brown pull Kelly's application for a Commutation of Sentence for consideration, from the stack he has received this year. Applications for Commutations are turned in but there is no guarantee that it will be forwarded for review by the Board of Parole. When Kelly Beau Davis was 19 years old, he got into a fight. This was a disagreement between him and another acquaintance which turned physical and Kelly had a knife on him. Kelly was taken into custody and charged with a crime of “Assault with a deadly weapon” and the crime actually states “waived knife at someone”. This crime can be considered a wobbler which means it can be charged as either a misdemeanor or a felony. However at 19 years old Kelly was presented with the option of avoiding trial & court for probation, provided he signed a paper stating that if there was any violation of probation this charge would be considered a “strike”. What 19 year old WOULDN’T sign that paper? Fast forward months later when he couldn’t or didn’t make an appearance for the probation officer because he was living in another part of the state. Irresponsible? Yes! However; if you think back to times in your life when you have made those poor choices at a young age it’s easy to realize that your thought process was not all realistic or intelligent for that matter. He was then in trouble with the law again.
Kelly grew up addicted to drugs & alcohol at a very young age and this behavior continued. At no point during his trouble with the law was he sentenced to any type of rehabilitative institute. Upon needing some money he decided to rob a couple in a parking lot. The couple never handed over any money because once the woman screamed, Kelly became startled and started to run. This turned into a three day situation of avoiding the law, all while under the influence of methamphetamines. This drug can help cause paranoia which coupled with running from the law can only escalate a situation. Kelly was eventually caught. His charges were stacked high. His first offense was now considered a strike and this one became his second strike, even though he never set foot in state prison. His sentence now included enhancements that were required under the “Three Strikes Law” and due to the fact that he had a gun in his possession, his sentence now also included additional enhancements for that as well. Nobody was ever physically harmed and his victim in his controlling offense became a friendly witness. Kelly was sentenced as required by law (even though HIGHLY opposed by the sentencing judge) to 40 years in State Prison. His points for entry into CDCR were then high enough to place him on a Level IV yard which is the maximum security. He was then housed with the “worst of the worst”.
2nd Degree Murder in the State of California carries a sentence of 15 years to life. This means that they can go to the Board of Parole Hearings in 15 years for possible release. Because Kelly’s case had the “potential for violence” he is considered a violent offender (sentenced under the determinate laws) and can only ever earn up to 20% (currently) for good time behavior. This means that after 32 years he can get out but will never have a chance at parole earlier. Kelly deserved to go to prison for sure and he WILL get out eventually. The question is; would you rather him be a productive member of society by proving at a hearing what he has done to be rehabilitated, or just sit in prison and wait out his time? He could be 60 years old when they release him. These situations (cases) that got wrapped up into a law that was written with specific criminals in mind are a waste of time, tax dollars and human spirit. Help us give Kelly a chance to come home sooner.
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