WEST POINT — When Gov. Tate Reeves vetoed a bipartisan bill that would have made up to 2,000 nonviolent offenders eligible for parole earlier this month, family members of those inmates set aside their disappointment to search for other options.
On the front lawn of a small West Point home Thursday, family members of four nonviolent offenders — serving a collective 170 years without the possibility of parole for offenses ranging from possession of methamphetamine precursors to writing bad checks — gathered along with NAACP representatives from Lowndes, Oktibbeha, Clay and Noxubee counties to make a public plea to the three District 16 circuit court judges.
Senate Bill 2123 would have made nonviolent offenders sentenced to mandatory sentences, including those convicted as habitual offenders, eligible for parole after serving 25 percent of their sentences. Reeves vetoed the bill saying it went “too far.”
The only option now available comes from legislation passed in 2014, one those who gathered Thursday say is rarely implemented in District 16.
“The Legislature came up with SB 585 a while back that gives the sentencing judge authority to make parole recommendations,” said Anthony Swift of the Clay County NAACP. “That’s why we’re here today. Our judges for 16h District aren’t doing that. We’ve had 87 people file petitions for parole recommendation which have been denied by Judges Lee Howard, Jim Kitchens and Lee Coleman. We want to know why and what we have to do.”
During Thursday’s press conference, family members and NAACP representatives held large color photos of the Golden Triangle natives, all convicted as habitual offenders, who they believe should be recommended to the parole board by the judges — Paul Houser (60 years, possession of methamphetamine precursors), Timothy Fulks (60 years, sale of cocaine/mariuana), Zakya O’Neal (20 years, uttering forgery) and Willie Jackson (30 years, sale of cocaine).
All four have served more than 25 percent of their sentences.
In three of the cases, offenses committed when the offenders were teenagers were used to try them as habitual offenders.
Houser was first convicted for meth possession at age 19, serving six months. He committed his second offense 20 years later. His third offense, possession of meth precursors in 2007, made him eligible to be prosecuted as a habitual offender.
“Because of the length of his sentence, he doesn’t get the chance to go on work release or go to a satellite facility,” said his son, Dusty Houser. “He’s in there with the hardened criminals, murderers. We’re talking about somebody who is a nonviolent criminal. He lays on his (bunk) 24/7 because he said if he gets up, they’re liable to beat him because of the gangs and violence there.”
Henry Smith, who has been Fulks’ stepdad since Fulks was 4, said he questions the fairness of Fulks’ 60-year sentence.
“He sold a rock of cocaine and a small amount of marijuana, about $40 worth,” Smith said. “For that, he got 60 years because he had a charge from something he did as a teenager and later, a burglary charge. There are people who are killing people that don’t get 60 years and they have a chance at parole. It’s not fair.”
Judge Jim Kitchens said cases pursued under habitual offender statutes are fairly rare.
“It’s uncommon for the state to sentence people as habitual offenders,” Kitchens said. ” The new district attorney (Scott Colom) doesn’t hardly ever use the habitual offender statutes on someone who is there for their third offense and, quite frankly, neither did Forrest (Allgood) before him. A lot of times it would be their fourth or fifth felony before Forrest would use the habitual offender statute.”
Kitchens said he and his fellow District 16 judges, rarely grant petitions for parole recommendations by habitual offenders.
“I routinely get people who I have sentenced as a habitual offender, “Kitchen said. ” I will look at what they did and look at their record and their plea agreements. I have typically not recommended that they be released.
“I’ve had one or two, in four or five years — two I think that were very sick and probably going to die and weren’t convicted of violent crimes and let them out,” he added.
Swift said judges should defer to the parole board in these cases.
“Judges ought to be willing to approve these petitions,” Swift said. “It should be up to the parole board, to decide if they think he’s going to be a law-abiding citizen. They do that by looking to see if he has any rule violations or past conduct and things like that. The judge has no way of knowing that because he’s sitting on the bench.”
Dusty Houser doesn’t understand why his father faces what is essentially a life sentence.
“For my dad, it’s an addiction problem,” Dusty Houser said. “But they’re not trying to rehabilitate him. They’ve pretty much locked him up and thrown away the key. He would be 104 years old when his sentence is over.
“He’ll die in prison,” he continued. “For what? Precursors. It doesn’t make any sense.”
Slim Smith is a columnist and feature writer for The Dispatch. His email address is [email protected].
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Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 32 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
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Related Photos
Dusty Houser, son of Paul Houser who was sentenced to 60 years, speaks about his father during a press conference on Thursday in West Point. He recalled an event during his childhood when Paul rescued him from an overturned boat and dragged him about 10 miles up a river to safety. "He's my hero," said Dusty. Photo by: Antranik Tavitian/Dispatch Staff
Drawings by Timothy Fulks, a man who is currently serving a 60-year sentence, are set out during a press conference on Thursday in West Point. Fulks started drawing when he was around 16 years old, according to his family members. Photo by: Antranik Tavitian/Dispatch Staff
