The Louisiana Supreme Court ruled a lower court’s decision to sentence a Black man to life in prison without parole for stealing a book bag and a pair of sneakers was illegal. Now the district attorney’s office has reduced his charges, and, after over a decade, the senior citizen will be able to go home to see his loved ones.
On Tuesday, Nov. 22, East Baton Rouge state court Judge Tarvald Smith apologized to Joe “Willie” Washington on behalf of the state for how his case was handled by the system over the 11 years he has been incarcerated for the petty theft crime.
In an effort to rectify the grave injustice, he re-sentenced the 68-year-old to eight and a half years in Louisiana Department of Corrections custody with credit for the time he had already served, the Advocate reports.
“Mr. Washington, you have a story to tell,” the judge said. “The law can be unfair at times. But in the end, when I take this black robe off, I think justice has prevailed in this case.”
Washington had already served 11 years in the Louisiana State Penitentiary at Angola of his original life without parole sentence, more than the new sentence. As a result, he was eligible for immediate release. The judge said Washington should be set free “as expeditiously as possible.”
The remarks fell on Washington, his relatives, and friends in a mostly empty courtroom day before the Thanksgiving holiday, giving the family something very special to be thankful for — Washington’s freedom.
In addition to the early release, Assistant District Attorney Jermaine Guillory added he would have his office revoke the status of a habitual offender from his prison record.
In 2011, Washington, a former Scotlandville High School track star, was convicted of swiping a backpack and pair of tennis shoes out of the rear of a pickup truck outside of his alma mater’s football stadium in 2010.
The prosecution at the time pointed to his earlier convictions, some armed robbery and burglaries dating as far back as 1970.
East Baton Rouge District Attorney Hillar Moore submitted Washington was a fourth-felony habitual offender and used his prior convictions for armed robbery and two burglaries, to inform his current sentence.
Since each of those crimes was punishable by 12 years’ jail time, and he he one violent felony conviction and two felonies punishable by 12 years or more, he saw there were grounds to sentence him to life without parole under Louisiana’s habitual offender laws.
Moore believes judges should not be able to come in and change sentencing.
“The separation of powers doctrine is a fundamental constitutional principle that must be respected and followed,” Moore said. “We believe that (the post-conviction law) was not designed for DAs to become a pardon or parole board, nor do DA’s have the authority to commute sentences. Likewise, decision-making power in the justice system is separated for good reason.”
