The New York Daily News, Reuters, and other news outlets, have reported that a first time offender has been given a record sentence of 162 years without parole for a series of armed robberies in 2010.
The case involves 20-year-old Florida man, Q.D., for crimes where he shot a gun, but didn't strike or kill anyone. Q.D.'s attorney, Jacqueline Shapiro, promised to appeal the case in the eleventh Circuit Court of Appeals in Atlanta. Shapiro believes that the sentence should be considered "cruel and unusual punishment."
Q.D. told reporters, "My first offense, and they gave me all this time. Might just as well say I'm dead."
The robberies occurred during August and September of 2010. According to the U.S. Attorney's Office, there were seven in total, all armed and all involving commercial properties.
Had Q.D. been 17 instead of 18 when he began his robbery spree, he may have been tried as a juvenile.
According to a recent ruling the by U.S. Supreme Court a juvenile cannot be sentenced to life in prison without parole even if convicted of murder.
Shapiro added that the court's ruling is important as her young client's sentence was "cruel and extreme to allow unfettered prosecutorial discretion ... to impose a life sentence on a teenage first offender convicted of lesser charges (than murder)."
Prosecutors had alleged that Q.D., though failing to kill anyone, acted in a violent manner during the robberies. While robbing an auto supply store he fired at a dog that chased him. When he robbed a beauty salon he showed his gun to a man and threatened to kill him. In a third robbery, Q.D., this time inside of a fast-food restaurant, exchanged gunfire with a customer that had revealed a concealed weapon.
However, the restaurant customer failed to positively identify Q.D.
Q.D., according to information gained at the trial, is leaning disabled, bipolar, did not complete high school and lives in a poverty-ridden community with his aunt.
Q.D. was not recognized as the ringleader of the group. The other accomplices, five in all, made plea deals and none is serving more than 22 years. Q.D. told reporters that he was never offered a plea bargain and, he was the only one whose charges went to trial.
Reporters stated that the 162-year sentence is a "stacked" sentence – where each single indictment is considered separately and jail time is served consecutively rather than concurrently.
Groups in Florida are pushing for reform of the mandatory minimum sentencing laws.
Michael Selman, the attorney that represented Q.D. at trial, said, "Any law that provides for a mandatory term of imprisonment for a 19-year-old first offender that exceeds a century has got to be unconstitutional."
Facing one or more criminal charges? Whether or not your case is being heard in Florida, and subject to their strong sentencing laws, contact a criminal defense attorney to best represent you!
