Saturday, April 25, 2015

What does it take to get locked up in Hinds County? (Updated)

Update: Mr. Davis currently faces not one, not two, not three, not four, not five, not six, not seven, not eight but NINE counts of auto burglary from Raymond PD.  His bond is $10,000 each for eight charges but no bond for one charge.    Will Robert Schuler Smith, Tomie Green, and Michelle Purvis finally agree that this guy is actually a habitual criminal?
 
Original post on April 24: When does habitual mean habitual in the Hinds County criminal justice  system?  Meet Woodrez T. Davis.  9-time felon. His first felony conviction took place in 1999.  He was granted parole and released from the custody of MDOC on January 2015.  Despite a record of eight felony convictions, Hinds County prosecutors agreed to drop the "habitual offender" designation in a plea bargain with Davis in March 2014.    He is currently a suspect in several burglaries in the Clinton area.  He is currently in jail for four charges of auto burglary in Hinds County. 





A Hinds County grand jury indicted Davis for possessing and receiving stolen property in January 2013.  The indictment listed these felony convictions:

shoplifting (1996)
receiving stolen goods (1999)
felon with a firearm (1999)
vehicle burglary (2001)
vehicle burglary (2001)
vehicle burglary (2001)
receiving stolen goods (2010)
receiving stolen goods (2010)
receiving stolen goods (2010)

However, the District Attorney's office agreed to drop habitual status for Davis.  The prosecutor also agreed not to revoke his probation for his 2010 conviction.    Davis would have been sentenced to the maximum sentence and had to serve day for day of the sentence if he was convicted as a habitual offender.*  Oddly enough, Judge Melvin Priester, Sr. only gave him a $5,000 bond for this crime while Judge  Tomie Green gave him a $15,000 bond for his 2010 indictment.


 
Kingfish note: That was the news, now for the opinion.  Nothing like some criminal collusion between Hinds County prosecutors, Hinds County public defenders, and Hinds County judges.  Maybe not criminal in law but definitely criminal in spirit and criminal in the dereliction of duty to protect the public.  Mr. Davis is the poster boy for all that is wrong with the Hinds County criminal justice system.  People get tired of being terrorized by criminals like Mr. Davis and move to other counties where they don't tolerate this type of crime.  Michael Guest would have slapped that habitual offender status on Davis if he was prosecuted in Rankin or Madison counties.  There would be no committing crimes or being in jail within a few months after parole because he would still be in jail.



*Mississippi Code 97-17-70

(4) Any person who shall be convicted of receiving stolen property which exceeds One Thousand Dollars ($ 1,000.00) or more, but less than Five Thousand Dollars ($ 5,000.00) in value shall be punished by imprisonment in the custody of the State Department of Corrections for a term not exceeding five (5) years or by a fine of not more than Ten Thousand Dollars ($ 10,000.00), or both.

(5) Any person who shall be convicted of receiving stolen property which exceeds Five Thousand Dollars ($ 5,000.00) or more but less than Twenty-five Thousand Dollars ($ 25,000.00) in value shall be punished by imprisonment in the custody of the State Department of Corrections for a term not exceeding ten (10) years or by a fine of not more than Ten Thousand Dollars ($ 10,000.00), or both.

(6) Any person who shall be convicted of receiving stolen property which exceeds Twenty-five Thousand Dollars ($ 25,000.00) in value shall be punished by imprisonment in the custody of the State Department of Corrections for a term not exceeding twenty (20) years or by a fine of not more than Ten Thousand Dollars ($ 10,000.00), or both.

16 comments:

Anonymous said...

They did the same thing with serial con man Demario Walker. He was indicted as an habitual. Hinds pleaded him out to time served. As soon as he was out he was on facebook with photos of all the money he was scamming out of people. Now he's locked up in Alabama. The DA sucks.

Anonymous said...

Too bad he never came up on trial in front of Judge Weill :-)

Anonymous said...

I am thankful I live/work in Rankin County....The Medical Community is leaving Hinds County as there is fear if any malpractice suits arise they will not stand a chance with a Hinds County Jury.

Anonymous said...

Very few med-mals filed in Mississippi since Tort Reform became the law. The Medical Corridor will extend into Rankin County, but the idea is to work as one team not several factions known as counties.
Re: This Story. Are people beginning to see a pattern here of how some work the judicial system and the judges who let them do it. Agree with 1:48's last statement.

Anonymous said...

3:22 your comment was very timely, in 2002.

Anonymous said...

I'm sad to say this is the rule rather than the exception when dealing with habitual offenders in Hinds county. The prosecutors would rather take the easy way out by dropping the habitual tag and pleading the defendant than actually taking them to trial and getting them the sentence that they have EARNED according to the law. If they are convicted by a jury then the judge has no discretion and must give them the maximum sentence. It all starts with a DA willing to go to trial and do his job. We just don't have such a DA in Hinds county.

Anonymous said...

It's not Michelle Purvis' job to agree the guy is a habitual. All the DA needs to prove it is the pen pack but it is Purvis' job to hold the DA to his burden of proof.

Anonymous said...

5:16pm
Is Purvis too busy fighting with judge Weill to care about prosecuting this guy and others criminals? Priorities!

Saltwaterpappy said...

I'm just thankful that I could escape from Jackson and Hinds County back in 1980. Jackson has all of the problems of New Orleans, but none of the charm.

Anonymous said...

as long as Tommie green is on the bench in hinds county there will be NO justice for the criminals in hinds county. Now, Hinds county has a new racist on the bench in Stokes' wife......stay tuned

Anonymous said...

It's Smith's job to prosecute. Not Purvis'. This ignorance explains a lot.

Anonymous said...

If they are convicted by a jury then the judge has no discretion and must give them the maximum sentence.

That is the nub of the wink, wink agreement between Smith and Tomie Green. Hinds is corrupt to the core.

Anonymous said...

In what galaxy would Mr. Davis' own attorney "agree that this guy is a habitual offender"?

There's paper law; there's internet blogging law; and then there's actually representing a client's best interest. The blame is not with his lawyer for working out what is best for his/her client, but with the District Attorney for allowing assistants to dispose of cases in that way.

KF has a fundamental misunderstanding of the adversarial system with which our system of government works. The public defender's office, and defense attorneys in general, are NOT cogs in a wheel, nor are they an extension of the government. Defense attorneys owe a duty to one person: the client.

Kingfish said...

I have a perfect understanding of such law. I expect Purvis and her attorneys to get the best possible deals they can for their clients. That is their ethical duty as lawyers.

However, it is another matter altogether to have the D.A. and his prosecutors go along with them as their bitch and the judges to sign off on this crap when someone has eight damn felony convictions and IS a habitual offender. Thus the public defender makes the offer to drop the habitual status and the DA and Judge go along with it.


I'm sure the families who were robbed in Raymond will appreciate your comment.

Anonymous said...

8:24 AM...Your logic is what gives many of us the opinion we have of defense attorneys. How are we supposed to believe that you guys value common sense and the common good of our society when your life's work revolves around finding technicalities that had little to no impact in the grand scheme of committing the charged crime?

Furthermore, the adversarial system only worked when trials were speedy and punishments were strict. If this guy had been a horse thief in the 1880's, justice would've been served much more quickly. Many of us prefer the system still worked that way....do you?

Anonymous said...

KF, there is no system where defense attorneys "make the offer." My problem with the opening section of your original story places the onus on the defense attorneys to agree that a client is a habitual offender. You have obviously never dealt with any of the criminal justice system from the inside because you would know that prosecutors make offers. And they're not "offers" but are actually "recommendations regarding sentencing"

Any judge has the power to reject a recommendation from a DA or ADA. Nothing forces them to sentence according to the recommendation.

And I have no idea what the last comment about "the familes in Raymond" has anything to do with my point. If someone does not understand the role that each party plays in the criminal justice system, I fail to see where blame can be placed on an attorney whose job is to advocate for their client.

Blame the system...the judges...the DA as much as you'd like. But to blame a defense attorney for representing thier client is ludicrous.

And @10:07, a defense attorney cannot serve a client and "the common sense and common good of our society" at the same time. You're confusing a defense attorney with something altogether different. And as much you like to believe it's a "technicality", I believe it's actually called a "Constitution" and is the supreme law of the land. Everyone is required to play by the same rules. And yes, it really is that simple.



Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.