Plea for mercy, petitioner is being punished cumulatively for the same act.

Plea for mercy, petitioner is being punished cumulatively for the same act.

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David Bomber started this petition to The Honorable Ralph Northam Governoer of Virginia

This petition is an effort to gain support from the public. Essentially, I am asking that the Governor of Virginia grant me a conditional pardon for a single stabbing that resulted in consecutive sentences for aggravated malicious wounding and secod-degree murder [of the same victim].

SOME OF THE FACTS:

On June 5th, 2010, I met Larry Michael Worrell II for the very first time at the pool in the apartment complex where he and I both resided. A short time later, Mike and I left the pool and went to his apartment and began drinking. Later, we drove to Hardee's and picked up Velvie Proffitt, who was my girlfriend at the time, whom also met Mike for the first time that day.

Eventually Mike, Velvie, and I returned to the pool at some point that day. However, the facts are in dispute as to exactly what time that the three of us was at the pool together, as well as when we all left. As I will point out later, the testimony given here is inconsistent at best.

During this particular day Mike drank heavily and exhibited erratic behavior. His behavior culminated during a discussion when he became agitated and claimed that he suffered from PTSD from witnessing his buddies "being blown up in a helicopter crash." Following that he became so distraught that he placed me in a military-style chokehold to the point that I nearly lost consciousness, which occurred inside of my apartment.

Coincidentally, Mike was both a former Marine and MP, as well as a former police officer with the Chesapeake Police Dept. in Virginia.

It was at this point that Velvie intervened, enabling me to escape from Michael's grasp. After being pursued by him I armed myself with a steak knife and stabbed him in the chest ONE TIME. However, after the fact I did attempt to render first aid. Shortly afterwards though Velvie instructed me to leave the premises and go to the residence of some friends while she called 911, which I foolishly complied with. Velvie then proceeded to take it upon herself to fabricate a story to the dispatcher that Michael had attempted suicide.

It is noteworthy to point out that the only eyewitness to the stabbing was Velvie, who eventually testified for the defense.

Initially, I was charged with malicious wounding. However that charge was nolle prosequi in favor of aggravated malicious wounding when Michael's condition worsened to the point that he suffered from irreversible physical impairment.

In addition to that, in December 2010 I was indicted for two counts of assault and battery, hit & run, and reckless driving. The alleged "assaults" supposedly occurred at the pool on June 5th, 2010, and the hit & run and reckless driving did in fact occur immediately after the stabbing.

Sadly, 224 days after the stabbing Michael passed away from complications from the wounding. As a result I faced an additional indictment for second-degree murder along with the aggravated malicious wounding indictment. In addition to that I was also indicted in April 2011 for another count of assault and battery that allegedly occurred at the pool on June 5th, 2010.

Ultimately I was convicted by a jury on both indictments and was subsequently sentenced to 25 years for the aggravated malicious wounding conviction and 15 years for the second-degree murder conviction. For the three counts of assault and battery I received four months each. The only two indictments that I pled guilty to, the hit & run and reckless driving, the Court imposed 30 days each. As a result I was sentenced to 41 years and 60 days, with the sentences running consecutively.

As I pointed out to the various courts, and to say in the least, the testimony given in the assault & batteries by the Commonwealth's witnesses are inconsistent and is further contradictory. Ironically as the transcripts reflects, the only witnesses to the "assaults" was the victims themselves. Yet, these incidents occurred at a crowded pool. It is also noteworthy to point out that here Velvie's testimony differed from the Commonwealth's witnesses concerning when and what happened at the pool. However, absent a showing of "newly discovered evidence" it is a moot point to argue the inconsistent testimony. Thus, I am concentrating my efforts on the injustice of the aggravated malicious wounding and second-degree murder convictions.

Although I felt forced to defend myself, I am nonetheless utterly devestated by what happened that day and how it resulted for Michael and his family. Being that I am a father of two boys myself and a brother, I can only imagine their pain and grief from this tragedy. Moreover, words cannot adequately convey just how regretful and deeply remorseful I am over what happened. Simply put this is something that will remain with me for the rest of my life regardless of what sentence I must serve by any court.

From a legal standpoint I strongly feel that it is wrongful to be punished for separate crimes when only a single act was committed out of necessity.

For the foregoing reasons I am praying that the Governor of Virginia affords me the following relief:

1. Vacate the sentence of 25 years for aggravated malicious wounding and leave the sentence of 15 years for second-degree murder intact; or:

2. Reduce the sentence imposed to such as it falls within the recommended guidelines of 9 years, 1 month (low), 16 years, 11 months (mid), 20 years, 4 months (high); or:

3. Modify the sentence as the Governor deems just and proper.

In closing, I humbly ask that you please show your support for my cause by digitally signing my petition on change.org, as well as by sending a letter on my behalf to the Office of the Governor of Virginia as well as to the Virginia Parole Board.

* Please note that you must designate, "re: Letter in support of executive clemency, David Michael Bomber, D.O.C. #1130793" at the top of the correspondence.

Office of the Governor
Patrick Henry Building
1111 E. Broad St., 3rd Floor
Richmond, Va. 23219-1934
(804)786-2211
www.governor.virginia.gov

Virginia Parole Board
6900 Atmore Dr.
Richmond, Va. 23225
(804)674-3000
www.vadoc.state.va.us
email: docmail@vadoc.virginia.gov

Thank you for taking the time to read this I welcome all comments and of course I would love to hear from you directly. You may reach me via my contact info below.

To view my other legal pleadings and writings, please visit:
www.davidmbomber.wordpress.com

Connect with me on Facebook:
www.facebook.com/profile.php?id=100010160976893

To email me directly please submit my Virginia state ID #1130793 (Jpay is a site the Virginia Dept. of Corrections utilizes for prisoner's electronic communications):
www.jpay com

To reach me via snail mail:
David Bomber #1130793
Nottoway Correctional Center
P.O. Box 488
Burkeville, Va. 23922

Also, feel free to share or repost this along with my contact info. with others - thanks!

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