3-Strike Stories: The Mother of Jerry
Family History:
Jerry was the 7th child of 7 children. His father and I divorced when he was six. He
lived with his father who was a gambler in Nevada. At age 12 he moved in with me and my
boyfriend (an alcoholic). At age 12 Jerry started using drugs and he moved in with his
girlfriend at age 15 after getting into a fight with my boyfriend.
The Strikes:
1. and 2. Assault w/ a deadly weapon (a skateboard) and robbery (the other person lost
a chain during a fight).
3. Stole money from someone as they were handing it to the Jack-in-the-Box salesperson
from their car (charged with a misdemeanor).
4. Pending: Jerry is being charged with breaking into an automobile and stealing a stereo
within it.
The Story:
The first and second strikes sound like serious and violent felonies but actually were
the result of a fight with other people Jerry was drinking with. They were drinking and
Jerry started to get into an argument with one of the other guys. The other guy threw a
skateboard at Jerry, Jerry picked up the skateboard and hit the other guy with it in
self-defense. The other guy went to the hospital and reported the fight as a robbery. The
other guy also lost a gold chain. Jerry was charged with 5-counts total and negotiated
with the prosecutor to have three of the counts dropped--Jerry took the deal because
assault w/ a deadly weapon and the robbery charge resulted in only a small punishment.
THIS WAS PRIOR TO THE ENACTMENT OF THE 3-STRIKES LAW.
The incident at Jack-in-the-Box was the result of a drunken prank and Jerry did not
physically harm anyone.
Jerry is currently being charged with auto-burglary and the case is still pending. The
prosecutor, however, wants to sentence Jerry under the 3-Strikes law.
Other Comments:
I feel the 3-Strikes law is especially unjust because offenses that were committed
before the 3-Strikes law was in place can be counted as Strikes. If we had known that
Jerry could be ultimately sentenced for "25 years to life" we would have never
negotiated the deal with the prosecutor's office. In addition, it is especially unjust
that 3-Strikers (for non-violent and non-serious offenses) are treated worse than
murderers and rapists.
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Date last modified: 7/5/97.