Tuesday, August 9, 2016

Why is this guy free to commit more crime?

A man indicted for murder was turned loose to commit more crime.  A JPD message posted on Twitter last night stated that JPD is looking for Darion Givens as a suspect in an armed robbery that was committed yesterday.  Givens was indicted for murder last September.  WAPT reported he was given no bond upon his arrest for the murder a year ago. However, court records indicate that Givens fell through the cracks and was free to commit more crime.

A Hinds County grand jury indicted Givens in 2014 for house burglary.  The docket states that Judge William Gowan sentenced Givens to four years in prison for receiving stolen property in July 2015 but the four year sentence was suspended.  The docket contains a second sentencing order that was issued in January 2016 that sentenced him to 90 days in a technical violation center for violation of his original sentence.  MDOC confirmed that he served 90 days and was subsequently released.

Police arrested him for murder in July 2015.  A Hinds County grand jury indicted him for first degree murder and a convicted felon possessing a firearm in September 2015.  The docket consists of only the following documents: indictment, capias, capias returned, and a continuance order.  There is no bond or arraignment mentioned in the docket.

Kingfish note: That was the news, now for the opinion.  Givens was sentenced a year ago to four years in prison but the sentence was suspended.  However, the suspended sentence can be imposed upon the defendant if he is arrested for a felony.  Givens was arrested for murder weeks after he got his break from the court.  However, Judge Gowan stuck him in a technical violation center for only 90 days instead of sending him to prison for four years.  There is no excuse and any defenses offered to by the judge or prosecutors will be scant comfort to yesterday's victim.

The question still remains why Givens is free to rob and possibly kill again when he was arrested for murder and given no bond.  Is there a double secret bond order hidden in Judge Green's chambers?  The question that should be asked is if a "detainer hold" was placed on Givens when he went to MDOC custody.  MDOC would have returned him to Hinds County custody  if such a hold existed and appeared in his file. However, MDOC would have released Givens if no such notice was submitted to the agency.

This case begs several questions. 


Anonymous said...

Judge should be removed from his position. No excuse for things like that to happen.

Anonymous said...

you can thank the Legislature for the 90 day technical. case law says that being ARRESTED for another crime is not a violation. the arrest must be supported by probable cause. that sentence reform bill passed a couple years ago is mostly to blame. thanks legislators and Pheeel.

Kingfish said...

That is not true. It is true if he is arrested for a misdemeanor. However, a felony arrest allows the judge to impose the suspended sentence without going through the 90, 180, and so on crap. See case of Javarius Chambers and Torrez White.

Anonymous said...

Bring back public hanging!!!!

Anonymous said...

KF, that is after they realized they got it wrong and amended it, so if you looked at the current version, you are correct. but look at the bill as originally enacted and you will find that arrests while on probastion, with probable cause, was treated as a technical.

Kingfish said...

Not true. Tell that to Javarius.

Anonymous said...

Judge Gowan is not a bad judge. A lot of judges dont revoke a person until there is a conviction. They believe in a thing called due process. Attorneys who practice know this. People who dont assume things above their pay grade.

Kingfish said...

Whatever you say, scumbag. The law allows judges to impose suspended sentences on convicts if they are arrested for a felony offense. Chambers was busted with a firearm after he spent a year in prison. Judge Chapman reimposed his suspended sentence and he is in MDOC custody for several years.

Same thing happened to the guy that carjacked Merrida Coxwell's wife. He was arrested for a felony while he enjoyed a suspended sentence. Video of his revocation is on this site. Guess Coxwell doesn't know his law either as he watched the hearing. Weill and Chapman apparently don't know their law either.

Anonymous said...

Don't know if it is a case of not knowing the law or not caring about the law. Also seen quite a few being released by crooked officials.

Anonymous said...

"Weill doesn't know his law either."

KF, is that a real shocker?

Also, Judge Gowan is probably the best judge we have in Hinds County. He is fair and not crazy, that is about all you can ask for these days.

Anonymous said...

@Kingfish: "The law allows judges to impose suspended sentences on convicts if they are arrested for a felony offense."

Precisely the point 12:05 was trying to make - the law allows; it does not require. Due process is still due process. An indictment is not a conviction.

Kingfish said...

and that is the difference between Hinds judges and Rankin/Madison judges. The best of the Hinds judges are worse than the Rankin/Madison judges.

It is true the law allows him to impose a lesser sentence and does not require it. However, we can question him all day long and hold him accountable for not doing his job properly. I would say given what happened with this guy, he is wrong, thankfully not dead wrong.

If he wants to go soft on suspected killers, he can answer for it.

Anonymous said...

Too bad this turd wasn't flushed when he first caused a stink.

Anonymous said...

I thought a convicted felon caught with a firearm carried a mandatory sentence? 5 years?

From The Gallery.. said...

You can sniff-out the posts by plaintiff's attorneys on here. The smell precedes them into the room.

Anonymous said...

KF - reckon there is a reason that M. Coxwell's wife's felon got a tougher call than most? Couldnt be because she is the wife of a member of the club, do you think?

While I often agree with you, and certainly am not a plantiff's crony (anything but) I don't see where a Judge should always impose the strictest sentence available. Evidently with your 20/20 hindsight on this particular case you have a reason to start chirping about the lackness of Hinds Judges. I would take Gowan as a 'fair' judge over most, and certainly put him on par with any of the Rankin/Madison ones you are praising here.

Anonymous said...

Don't matter who the judge is, where he lives, or what he had for breakfast. If he let this man out of jail after all he has done he isn't worth a damn. Something is wrong with him. Pick whatever you choose.

Derrell Ray said...

I can only hope this bastard kicks my door ,i'll kill him.

Anonymous said...

He's not the only criminal in Jackson folks.

Lawyer-Speak?.. said...

3:59....What is 'lackness'? thanks

Anonymous said...

I remember seeing Demario Walker on one of those crimestoppers ads. I called the number to inform them that if they checked the MDOC website, they'd fing him . . . in prison. I never got a reward.

Anonymous said...

to 'from the gallery' at 2;11..........you mention plaintiffs lawyers here. this involves a criminal case , not a civil case. you just showed your ignorance you stupid green teeth, uneducated loser.

Anonymous said...

7:19, you are very right. The city is filled with criminals. Maybe if it wasn't a sanctuary for criminals there would be fewer of them. Not much chance of that changing.

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