Over sentenced

59

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The Issue

I, Tyena Hutt, am filing this report to request your signature of support on behalf of my uncle, Antonio J. Townsend (“Uncle Tony”).

On December 18, 1997, my uncle was charged with robbery and malicious wounding. He was subsequently convicted by way of a guilty plea on October 16, 1998.

Uncle Tony’s Presentence Report Guidelines recommended a sentencing range of 6 years and 11 months to 10 years and 9 months, with a midpoint of 9 years and 4 months. However, on February 11, 1999, the Circuit Court of Accomack County exceeded those guidelines and sentenced my uncle to life plus 20 years. We believe this sentence was excessive in comparison to the recommended guidelines and the sentences received by his codefendants.

One of Uncle Tony’s codefendants, Preston V. Townsend, was sentenced to 17 years, with 7 years suspended, for convictions of robbery, malicious wounding, and use of a firearm. Another codefendant, John L. Armstrong, was also released after serving his sentence.

At the time of the crime, my uncle was only 19 years old. In December 1997, according to testing conducted by the Division of Youth and Family Services at the Reception Center, Uncle Tony received an IQ score of 77. At that time, an IQ score of 77 was considered to fall within the range of intellectual limitations and indicated that he functioned below the level expected for his chronological age. Although he was 19 years old, his cognitive development was significantly behind that of his peers.

Since his confinement, Uncle Tony has obtained his GED. He has also earned certificates in Anger Management, Breaking Barriers, Social Communication and/or Self-Empowerment, and is currently working toward obtaining three additional certificates.

Uncle Tony is no longer the same person he was at the age of 19. He is now 48 years old and has spent approximately 29 years incarcerated. He desires to obtain his CDL so that he can work, travel, contribute to society, and become a tax-paying citizen.

Our family has obtained legal representation to support his case, but we need your support as well. By signing this document, you are showing your support for Uncle Tony and his opportunity to move forward with his life.

After nearly three decades of confinement, we ask: How much time is enough?

Thank you for your time, consideration, and support.

The Decision Makers

Abigail Spanberger
Virginia Governor

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