This post was originally published on April 3, 2011. Bias is in the custody of MDOC. He is scheduled to be released in 2025.
Jake Bias raped his 3 year-old daughter and gave her two STD's. Judge
Tomie Green sentenced him to 20 years and suspended 5 years of the
sentence.
Section
97-3-65 (3)(c) of the Mississippi Code states "(c) If eighteen (18)
years of age or older and convicted under subsection (1)(b) of this
section, to imprisonment for life in
the State Penitentiary or such lesser term of imprisonment as the court
may determine, but not less than twenty (20) years;"
The
victim will be under the age of 21 when Mr. Bias is released, assuming
he serves his full sentence of course. The defendant agreed to an open
plea. Under an open plea, the District Attorney makes no sentencing
recommendation to the court so there is a "deal" on the sentence. The
judge has full discretion to impose the sentence. Article WLBT reported the victim was the daughter of the rapist:
"HINDS COUNTY, MS (WLBT) - A 27 year old Jackson man was sentenced Tuesday to 20 years in prison for a sex crime against his 3-year-old daughter.
Last October, Jake Jerome Bias was arrested and charged after the victim's mother took the child to the University Medical Center where doctors discovered the toddler was infected with two venereal diseases.
After questioning, Bias confessed to having sex with the child.
Hinds County Judge Tomie Green ruled bias must serve 15-years of his 20-year sentence. Five years were suspended."
Disgusting. Disgusting because apparently Judge Green gave him the minimum sentence and also has no authority to suspend part of his sentence. Period. Section 47-7-33 of the Mississippi Code states:
"(1) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi, having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in term time or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed or where the defendant has been convicted of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections. "
The maximum penalty for Mr. Bias's crime is life imprisonment. Judge Green had no authority under the statute to suspend five years of what was the minimum sentence. The District Attorney should appeal this sentence to the higher courts if the law allows him to do so, as Bias should be serving "20 for 20". Judge Green's actions are simply despicable.
15 comments:
So DA Smith, here’s your chance to step up to the plate and go over greens head. She’s no judge just a dam crook. That’s why she does this because her people (the criminals) are the ones who keep her in office
Mississippi Code section 97-3-65, the statutory rape statute under which he was convicted doesn't have a minimum, and the max is 30. If you're going to be outraged, at least know what you're talking about first.
https://www.ms.gov/mdoc/inmate/Search/GetDetails/166407
Why don't you know what you are talking about, jackwagon? I was quoting the law back in 2011 when he was convicted and said so. You are quoting the law as it stands today.
Why don't you actually read the post?
Let's not have selective disgust, let's be consistent. From a Rankin County Court:
Brandon pharmacist Timothy Rigdon pleaded guilty to two counts of sexual battery. Rigdon was charged with having sex with a minor. He received a 15 year suspended sentence and five years probation. Rigdon also paid a fine of $2500.
He had sex with a child. Same thing other perp did. One used a condom, one obviously did not. DA charged differently, but crime is same. One person got some jail time, one person got no jail time. Which one are we mad about???
What was age of victim? That can change sentence.
@ 1:52 NO WAY, JOSE!! consensual sex with a "minor" who will very soon be a "major" is not even in the same universe as forcible RAPE of a TINY 3 year old toddler!! Grow a brain!!!
1:52- your either a troll or a tool. I'm guessing your a tool since you don't see the difference between a 38 year old having consensual sex with a almost adult and a father raping a 3 year old. I hope you don't register to vote. Hate for you to find your way to jury duty.
1:12, you are off base. Green has plenty of faults, but it’s the DA whose in cahoots with the criminals. And Green’s opponent is one of the ADA’s. Go to the other issue of town and get the facts. How many sex crimes has the DA prosecuted in the last 10 years? Not many. Heck, Skinner has done more about sex crimes than any of the DA’s staff.
Disgusting crime, disgusting result. No upgrade on the horizon.
1:52- your either a troll or a tool.
Or BOTH.
Not being judgmental to the horrible thing he did. What I do know is it will be the most unusual thing in prison history if he survives 20 years after child sexual abuse. He will be raped and passed from bear to bear. He will be beaten and worse. There will be no orifice in his body, not abused.
He will begin paying a stiff price once he gets to prison. He should go ahead and end his life now and save himself a world of hurt,
What about putting him in front of a firing squad on live TV. I WOULD WATCH!!!!!!
612, it's not an 'either / or" question about which one - ROber S Smith or Tommie Green - is on cahoots with the criminals. The problem is, they both are. Just different, competing groups of criminals.
In five percent of Jackson, you can pretend it is cool to live there and it is just like the rest of the rural country. In reality, Jackson lacks
law and order, criminals are encouraged and not discouraged (if they are black) to prey on anyone else. This is a fact.
Oh, good grief 8:50 am, no one thinks a city is like a rural area and you are apparently out of touch with reality.
Nearly 250 million of just under 326 million Americans live in cities.
Rape and incest ( this crime is both happens more often in poor, rural communities) and is more often a white (with the caveat that law enforcement doesn't always get race right).
Bias should have gotten a tougher sentence whatever his color and there are far more notorious examples of white judges being lenient.
All of you are missing the point about sexual abuse of children. Rape is a crime of power and control over the victim whatever the age and damaging. Rapists of children pick victims based on their self perceived ability to successfully obtain power and control over their victim.
You are really talking about dumb and unpersuasive and/or physically weaker rapists vs smarter and more clever and brawny rapists.
At least, Bias will have to be registered as a sex offender and I hope you will post his photo when he's released, KF.
Post a Comment