3-Strike Stories: FERN
2/28/98
FERN, Born November 1973
I changed many different schools while growing up. Usually staying long enough to
receive one report card. Exposed to the real world at a young age. Learning about drugs
and violence at a young age. Did not try drugs until early teenager years. It did not suit
me, gave it up quick. (Marijuana) The harder drugs were not of any interest to my
curiosity. Smoking marijuana only cause, it was forced upon me by older relative. Lived
with mom and lost father when I was ten years old. It was over drugs.
At eighteen, Petty Theft, Spent 2 days in County Jail. At twenty, attempted Murder 2nd
and Assault with a Firearm, with Conspiracy to Commit Murder, Sentenced to sixteen years
with two strikes. Judge Polley: Tuolumne County, the Romero decision has not affected me.
At the age of eighteen, I along with a cousin took money out of a paper machine. Police
were notified by witness, was cited and walked away spending two days in county. Jail
three months later. I turned myself, and serve the two days. The next year I spent
working. I graduated from High School at seventeen. Worked in a meat cutting plant. I then
received the opportunity to work for the Department of Forest Service, I started on an
Engine Crew. I had to move away from home to take the job. That could attend fifteen
hundred acre fires all the way up to 10,000 acre Wild Fires. I enjoyed the work very much.
When a winter season came, I returned home to stay with my mother and help out with winter
chores, woodcutting etc . . . During this time I prepared myself to return to fire camp to
go another Fire season (Summertime).
I returned a second season gaining more experience. Doing the right thing by working a
sending some money back home to help with living expenses. That winter I had returned to
look for work. I was already helping a Licensed Mason. Going on various jobs when he
needed the extra help. Wethers it was laying private new shopping centers or wether it was
private contracts at peoples homes. I did obtain a job working in the woods logging for a
company. This job would last me until I had caught their case. I worked in the woods for
eleven months. They laid me off in January 1994. I had spared time to do what I wanted.
Looking for work etc.
I had my priorities straight and was doing my best to help family. A family problem
aired in which, another person nearly killed a cousin. I happened to get involved. Contact
was made with other party to discuss problems. Co-defendant then had a gun pulled on him
again which led to mutual gun fire. I became suspect. They became the victim. ; It could
have gone either way. Roles could have been reversed. , Due to the victim sustaining a
serious wound. They imposed the charges to find the strictest punishment possible. The
victim lived.
My crime happened before the three strikes inactive came into effect. I had no prior
violent felonies or crimes. They gave me a base term of nine years plus seven years of
enhancements. ; For the incident taking place was not right, they could have avoided it.
Someone was hurt that does not help the matter. To be given a Second strike based on one
injury is not for what Strikes was intended. I had no prior felony convictions nor a
violent history of any sort.
I can now see that it was not worth all of this trouble and time to get involved in
another=s problem. Hurting another is not right.
A person is never for the best to try to prove anything. They sent me to a level four
maxim prisons. Put into an environment that is already unstable due to politics and
Department changes. A first termer gave the worst scenario to cause problems. I have
chosen to do the best I could with this time sentence to me by the court.
The three strikes needs to be seriously reevaluate for what they originally intended
it for, instead of being so quickly handed down to those who have not committed any
heinous crimes. Sentencing the un-violent criminals to longer sentences of life only
creates bigger problems. I have family on the streets that have worried more and suffered
harder than I, due to the sentence they gave me. No ones=
family should have to endure the stress of exaggerated sentences handed down.
Please send questions or comments to facts@mediaone.net.
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Date last modified: 3/18/98.