An inside look at why some convicts never serve time
COURTS
Crime seems to be on the rise, and it seems it might not stop. Over the past few years, Oklahoma has seen a high increase in crimes. One suspect might incur five or six felonies to their name and walk away from court on probation.
One might ask if the suspect has been convicted so many times, how are they not doing hard time? Unfortunately, the court systems are not so cut and dry.
Michael Haggerty is a criminal defense attorney and has been practicing law since 1996. He said there is a notable difference between a charge and a conviction.
A charge simply means that the government has formally accused a person of a crime. It does not automatically mean guilt. By law, the suspect is innocent until proven guilty.
Haggerty said that is where some of the confusion lies.
“Just because they’re charged does not mean conviction,” he said.
Sometimes, charges are dropped. So, it may show an arrest on somebody’s background, but not a conviction.
Another issue in serving justice is Domestic Assault.
Haggerty said these cases are hard to prosecute because the victim has to show up for the suspect to have a chance of being convicted.
“They don’t show up to court and the charges are dismissed,” Haggerty said. He also noted that victims not showing up to follow through with justice against their abusers happens way more often than anybody cares to admit.
Space and overcrowding are also an issue in Oklahoma. According to the Prison Policy website, as of 2018, Oklahoma is now the world’s prison capital. Oklahoma bypassed Louisiana and usurped them for the first-place spot of the state with the highest incarceration rate in the US.
Oklahoma has over 1,000 incarcerated inmates per every 100,000 people.
Haggerty said overcrowding is a huge factor in deciding on a sentence for a convict.
“In a ten-year sentence, typically, they will serve 30 to 40% of the sentence,” he added.
If their sentence is less than five years, generally, they will serve 90 days then put on parole. Haggerty said the parole theoretically is to have a member in the outside community keep an eye on the inmate.
One might believe that paroling out convicts should fix the overcrowding issue. Unfortunately, they would be wrong.
When a person is convicted of a violent crime, they must serve 85% of the sentence. Convictions like murder, robbery, kidnapping and child abuse are considered violent, among others.
The inmate must serve 85% before the possibility of parole, which brings on an onslaught of other issues for the prison system.
“When you can’t process out the 85% population, it gets more expensive,” Haggerty said. “They get older, and the health issues that go along with it.”
Oklahoma passed a piece of legislation that might ease the amount of felonies that filter through the courts, but it will not help in other ways. In November 2016, Oklahoma State Question 780 was voted into legislation. The new law reclassified certain property offenses and simple drug possessions and misdemeanors.
This might be good news for the prison system, but bad news for people with drug afflictions.
“When somebody is facing doing time, treatment looks good,” Haggerty said. However, with the new legislation, possessions are a proverbial slap on the wrist. It does not address the drug problem and get the person help.
Often times, when a convict is not made to answer to his actions, he reoffends — also known as recidivism.
Take Jaimes Bucy for example. Bucy is from Antlers and pled guilty to Soliciting Sexual Conduct or Communication with a Minor by Use of Technology in 2011. He was sentenced to seven years, with all seven suspended.
All Bucy had to do was report as a registered sex offender, pay his $8,000 in fines and stay out of trouble. However, that would not be so. In 2012, he pled guilty to Assault with a Dangerous Weapon. He was sentence to a seven-year sentence, suspended and running concurrent with the sex offense.
Instead of thanking his lucky stars and trying not to push his luck, Bucy decided to add more charges to his list. In 2018, Bucy was convicted of Assault with a Dangerous Weapon After Former Conviction of Two or More Felonies, and Failure to Register as a Sex Offender After Former Conviction of Two or More Felonies. He was sentenced to two years in the custody of the Department of Corrections, and they ran concurrent with each other.
Perhaps, because Bucy was never forced to serve time and be held accountable for his actions, in April, he struck again. This time, in a big way.
Bucy, who is 27 years old, posed as a homeless 17-yearold boy, and sweet talked his way into a home with a 15-year-old girl. It was alleged that he sexually assaulted the 15-year-old victim.
In September, Bucy pled guilty to Second Degree Rape, and two counts of Sodomy of a Victim Under 16 Years. He was sentenced to 20 years.
Haggerty said it is impossible to know what will happen without being able to read all the court documents. The two counts of Sodomy are considered violent and are 85% crimes. Bucy should have to spend at least 17 years behind bars before the possibility of parole.