Plea for mercy, petitioner is being punished cumulatively for the same act.
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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 second-degree murder [of the same victim].
SOME OF THE FACTS:
On June 5th, 2010, I met Larry Michael Worrell 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.
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.
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 the residence of some friends while she called 911, which foolishly I 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 these events was Velvie, who eventually testified for the defense.
Initially I was charged with malicious wounding under Virginia Code § 18.2-51. However, in October 2010 that charge was nolle prosequi in favor of aggravated malicious wounding, Virginia Code § 18.2-51.2, respectively, when Michael's condition worsened to the point that he suffered from irreversible physical impairment.
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. Ultimately I was convicted by a jury on both indictments and subsequently was sentenced to 25 years for the aggravated malicious wounding conviction and 15 years for second-degree murder conviction.
Although I felt forced to defend myself, I am nonetheless utterly devestated by what happened that day and how it ultimately 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 that I must serve by any court.
From a legal standpoint, I strongly feel that it is wrongful to be punished for two 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;
2. Reduce the sentence imposed to such as it falls within the
recommended guidelines of 9 years, 1 months (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 this petition 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.
Office of the Governor
Patrick Henry Building
1111 E. Broad St., 3rd Floor
Richmond, Va. 23219-1934
Virginia Parole Board
6900 Atmore Dr.
Richmond, Va. 23225
* 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.
Also, should you have any questions or would like to reach me directly you may reach me via my contact info. below.
Email me by submitting my name or Virginia state ID number (1130793).
To reach me via snail mail:
David Bomber #1130793
Nottoway Correctional Center
P.O. Box 488
Burkeville, Va. 23922
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