On Probation
Another serial offender on probation has been sent back to jail to justify the salaries of the prosecutors and judges who will ultimately set him free again.
Demetrius Ervin Simmons was charged with Strong Arm Robbery as the result of a robbery at a convenience store in North Charleston. Simmons is no stranger to the “criminal justice system”. He will have a bond hearing later today and we certainly hope the bond judge takes into account the fact he was recently released from prison and is on probation. We also hope SCDPPPS folks are reading this and actually file a charge of violation of probation. We have seen too often lately where that is never done despite how many crimes these felons commit while on probation. Probation or parole in the state of South Carolina means nothing these days.
Simmons’ violent criminal history dates back to the 1990’s.
1992 Charges:
Assault & Battery With Intent to Kill - Dismissed by the 9th Circuit Solicitor.
1994 Charges:
PWID Marijuana - Dismissed by the 9th Circuit Solicitor.
PWID Near a School - Dismissed by the 9th Circuit Solicitor.
Strong Arm Robbery - Dismissed by the 9th Circuit Solicitor.
1995 Charges:
Possession of a Firearm During a Violent Crime - Plead guilty. Sentenced by Judge Daniel Martin to 5 years.
Assault & Battery With Intent to Kill - Plead guilty. Sentenced to 15 years.
2006 Charges (Berkeley County):
1st Degree Burglary - Reduced to 2nd Degree Burglary by the 9th Circuit Solicitor. Sentenced by Judge Michael Nettles to 10 years, suspended to 5 years and 5 years probation.
2007 Charges:
While out on bond on the 2006 burglary charge from Berkeley County, Simmons was charged in Charleston County with 2nd Degree Burglary. The 9th Circuit Solicitor decided to dismiss this charge because Simmons had been sentenced in Berkeley County. Lazy, lazy, lazy.
Why these repeat offenders are given deals and breaks by prosecutors and judges time and time again we will never understand. Given the current state of our system, we fully expect that any bond set will ultimately be lowered by some feel good judge and this repeat offender will go on to commit several more crimes before his case ever gets to court. IF it gets to court, that is.
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SECTION 17-25-45 of SC state code is known as the 3 strikes law. It states a person must be sentenced to life without parole after 2-3 serious convictions. It is the law and judges are tasked with enforcing the law, so why don’t they? The streets would be safer if they enforced the law.
Here is the text of the law as posted on http://www.scstatehouse.gov/code/t17c025.php#17-25-45.
SECTION 17-25-45. Life sentence for person convicted for certain crimes.
(A) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has either:
(1) one or more prior convictions for:
(a) a most serious offense; or
(b) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or
(2) two or more prior convictions for:
(a) a serious offense; or
(b) a federal or out-of-state conviction for an offense that would be classified as a serious offense under this section.
(B) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for:
(1) a serious offense;
(2) a most serious offense;
(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or
(4) any combination of the offenses listed in items (1), (2), and (3) above.
(C) As used in this section:
(1) “Most serious offense” means:
16-1-40 Accessory, for any offense enumerated in this item 16-1-80 Attempt, for any offense enumerated in this item 16-3-10 Murder 16-3-29 Attempted Murder 16-3-50 Voluntary manslaughter 16-3-85(A)(1) Homicide by child abuse 16-3-85(A)(2) Aiding and abetting homicide by child abuse 16-3-210 Lynching, First degree 16-3-210(B) Assault and battery by mob, First degree 16-3-620 Assault and battery with intent to kill 16-3-652 Criminal sexual conduct, First degree 16-3-653 Criminal sexual conduct, Second degree 16-3-655 Criminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3) 16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree 16-3-910 Kidnapping 16-3-920 Conspiracy to commit kidnapping 16-3-930 Trafficking in persons 16-3-1075 Carjacking 16-11-110(A) Arson, First degree 16-11-311 Burglary, First degree 16-11-330(A) Armed robbery 16-11-330(B) Attempted armed robbery 16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results 24-13-450 Taking of a hostage by an inmate 25-7-30 Giving information respecting national or state defense to foreign contacts during war 25-7-40 Gathering information for an enemy 43-35-85(F) Abuse or neglect of a vulnerable adult resulting in death 55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results 56-5-1030(B)(3) Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation 58-17-4090 Obstruction of railroad, death results.
(2) “Serious offense” means:
(a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree 16-3-210(C) Assault and battery by mob, Second degree 16-3-600(B) Assault and battery of a high and aggravated nature 16-3-810 Engaging child for sexual performance 16-9-220 Acceptance of bribes by officers 16-9-290 Accepting bribes for purpose of procuring public office 16-11-110(B) Arson, Second degree 16-11-312(B) Burglary, Second degree 16-11-380(B) Theft of a person using an automated teller machine 16-13-210(1) Embezzlement of public funds 16-13-230(B)(3) Breach of trust with fraudulent intent 16-13-240(1) Obtaining signature or property by false pretenses 38-55-540(3) Insurance fraud 44-53-370(e) Trafficking in controlled substances 44-53-375(C) Trafficking in ice, crank, or crack cocaine 44-53-445(B)(1)&(2) Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school 56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b) 16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b) 43-35-85(E) Abuse or neglect of a vulnerable adult resulting in great bodily injury.
(3) “Conviction” means any conviction, guilty plea, or plea of nolo contendere.
(D) Except as provided in this subsection or subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release. A person is eligible for work release if the person is sentenced for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, and the person is within three years of release from imprisonment.