I, Velnita M. Harmon, am filing this Petition on behalf of my brother, Antonio J. Townsend, who is currently confined. He have been confined since he was at the tender age of 19 years old and he is now 47 years of age. 

On December 18, 1997, my brother was indicated for Attempted Capital Murder that was Noelle prosequi in the Circuit Court for the County of Accomack, Virginia. On April 6, 1998, he was reindicted for Robbery, Malicious Wounding, and Use of a Firearm, but he was ultimately convicted of robbery and malicious wounding by way of guilty plea.

In reference to the crime itself, it was a drug deal gone bad on December 18, 1997. My brother gave the victim $2,000 for drugs because his money was getting low, his daughter's mother was pregnant at the time, Christmas was the following week, and he had to help his mother with bills. My brother went to the victim house 2 times prior to the date of the crime asking for his money back or the drugs and the victim would not provide it. On the third time that my brother went to the victim house on December 18, 1997, the victim let them in, my brother asked again and the victim ended up being shot twice in the head and once in the shoulder with a 22 hand pistol, and cut on his color bone. Thank God the victim lived and is still living. When the crime seen was being investigated 67 grams of crack cocaine was found under the victim's couch. All of this never came out in court because my brother never told anything.

On October 16, 1998, an inquiry was held in reference to my brother waiving his Sixth and Fourteenth Amendment Right to Counsel.

NOTE: "According to law anytime an accused waive their Sixth and Fourteenth Amendment Right to Counsel the Court must give a penetrating evaluation into the nature of the charges, risk of self representation, possible punishment, courtroom rule and protocol, and possible defense."

At the time of the inquiry my brother had not been arranged. The record will show that he was never informed of the elements to the nature of the charges by the court, he was informed of various minimum sentences to malicious wounding, and was never informed of the maximum allowable punishment to malicious wounding that was imposed upon him. Furthermore, my brother requested to be informed of the basic courtroom rules and protocols and the Court refused to inform him of them. Because of such above violations my brother's waiver to his right to counsel was not intelligently and knowingly made and influenced him to plead guilty. Kinard v. Commonwealth, 16 Va. App. 524, 527 (1993); See also, Von Moltke v. Gillies, 332 U.S. 708, 723-24 (1948).

On February 11, 1999, at my brother's sentencing the record does not show that the court "offered him counsel for him to decline and failed to reflect him clearly and unequivocally asserting his right to self representation." Moreover, the court did not "question him to ensure that his choice to appear without counsel was made with eyes open at sentencing." Carnely v. Cochran, 369 U.S. 506, 513 (1962); See also, Mempa v. Rhay, 389 U.S. 128 (1967).

There is no indication in the record that the court followed the directive of Va.Code, ANN.Section,19.2-157;-160, at his sentencing hearing, violating his Sixth and Fourteenth Amendment to the United States Constitution.

The Pre-Sentence Report Guideline Recommendations herein a range of between 6 years and 10 months and 10 years and 9 months, with a midpoint range of 9 years and 4 months. The court exceeded those sentencing guidelines recommendations and sentenced my brother to life plus 20 years in a state where there is no parole. Therefore, he was sentenced to life plus 20 years without parole for robbery and malicious wounding.

At the time of my brother's crime, December 18, 1997, he was an underdeveloped teenage adult. In December 1997, the Division of Youth and Family Services testing at the Reception Center, which indicated that he had a full scale IQ of 77. At the tender age of 15 years old an Iowa Test (March 1993) indicated that he had a 6th grade level of functioning, 3 to 4 years behind his age group.

The court, who ordered the Division of Youth and Family Service testing in December 1997, knew that my brother was an underdeveloped teenage adult with an IQ of 77 at the tender age of 19 years old. Therefore, throughout the inquiries of my brother's waiver to counsel on October 16, 1998, the court should have focused on what he understood rather than on what the court said or understood. In this regard, it is his state of mind at the time that he opted for self representation which is crucial. With an IQ of 77, this places him in the borderline range of mental retardation. Lewis v. Commonwealth, 267 Va. 302, 305, 593 S.E. 2d 220 (2004)(Holding that an IQ of 79 is borderline range of mental retardation). Nothing in the record indicates that my brother has any legal training or specialized education which might make it apparent that he possessed a sufficient understanding of the disadvantages of self representation.

Since my brother confinement he have obtained his GED. Obtained the Certificates of Anger Management, Braking Barriers, Thinking For A Change, Victims Impact, and Self Empowerment/Social Communication. My brother has grown in so many ways, he is no longer that underdeveloped teenage adult. He is now a developed, intelligent reasonable grown man that love life and humanity.

As previously stated, my brother received a life plus 20 year sentence. The codefendants, Preston V. Townsend, who was 18 years old, received 17 years with 7 suspended and John L. Armstrong, who was in his mid/early 40's, received time served after being released within months.

What is arguable here is the fact that the disparity in sentences between the codefendants was an abhorrent abuse of discretion committed by the trial judge. Taking a 19 year old hope away of a life outside of prison is repugnant and should not be allowed to stand in the Commonwealth of Virginia. The trail court failed to administer justice to my brother in this case. Justice is fair treatment in accordance with the law. For the trial court to pretend that justice was fair to sentence my brother to life plus 20 years for robbery and malicious wounding is a travesty of justice in the highest form.

I am asking you to support my brother's release because he have been locked up for 28 years and was sentenced excessively. Please sign this petition indicating that you are a supporter of my brother.

Thank you for your time and cooperation in this matter and may God Bless. We respectfully request for your support.