Right decision? Dayonn Davis a then 15 year old Georgia teen is sentenced 5 years jail for stealing $100 Nike sneakers (with gun involved). To what degree did race and status play a part in punishment?
An 18 year old African American Georgia teen with no prior runs was on Friday sentenced to five years prison after being found guilty of stealing a $100 pair of Nike Oreos sneakers.
In giving his decision, the presiding Muscogee County Superior Court Judge Bobby Peters said Dayonn Davis’ sentence of five years jail to be followed by ten years probation was appropriate because a gun was used during the robbery.
The Ledger-Enquirer reported the ‘honors roll’ teen being charged as an adult despite Davis only being 15 when he committed the crime and having no prior record. Of note during the crime, another individual allegedly pulled a gun on the victim, with Davis claiming he had no idea that a gun would be used.
Told Prosecutor Sadhana Dailey during trial deliberations, ‘This was an armed robbery. It’s not a theft. There’s a big difference between a theft and an armed robbery,’
Adding, ‘The teen victim was robbed at gunpoint.’
At the time of his arrest, Davis was charged with armed robbery and reached a deal with prosecutors to plead guilty to robbery by force, which allowed him to avoid the mandatory 10-year sentence that comes with an armed robbery conviction, Dailey said.
‘He got a break,’ she said.
Defense attorney Susan Henderson in turn told how her client sought to put the episode behind him, telling, ‘He’s been extremely remorseful,’
Adding, ‘He’s got his life on track now.’
While insisting her client didn’t know the other alleged person would pull a gun (who was never identified or bought to trial), the judge said it made little difference in the eyes of the law.
‘I was young at the time, so I wasn’t in my right mind,’ Davis told the judge.
79-year-old Lyle Burgess was sentenced to 90 days of house arrest and five years of probation for raping a 5-year-old girl. 15-year-old Dayonn Davis, a young, Black teen in Columbus, Ga., was sentenced to 5 years in adult prison and 10 years of probation. #TakeAKneeAmerica pic.twitter.com/ZcX1fGWzPo
— Mr. Ol Skool (@SirOlSkool) June 1, 2018
This is how the government keeps people primarily of color poor. #DayonnDavis is a non violent offender who will now be subjected to violence in prison & learn from criminals. Being a felon will only cause him to resort to crime because of lack of opportunities pic.twitter.com/XaYKpt7zpG
— ??EnemigoDelEstado?? (@_DeleteTheElite) June 1, 2018
Dayonn Davis sentencing: Jailing of black youth- perpetuation of crime?
Judge Peters called the case an unfortunate situation, saying he would rather it have been handled in juvenile court. Dailey said it was appropriate to charge Davis as an adult because of the seriousness of the crime.
Peters said Davis will likely be released on parole before completing his five-year sentence. Because it’s a first offense, Davis’ record can be expunged if he successfully completes probation added Peters.
No one else has been charged in the case. It’s not clear whether the person Davis identified as the gunman was actually the other person who was there, Dailey said.
‘Maybe he’s the wrong person,’ the judge said of Davis, emphasizing that whether or not Davis intended for anyone to pull a gun, he had obviously intended to take the shoes, since he had been the one who set up the meeting. ‘He’s the one with the shoes in his closet.’
Of question is to what degree’s the suspect’s race and status in life may have affected the boy’s sentencing, if at all?
And then there were these comments on the web that caught this author’s attention, see what you think?
‘The use of the gun mandates a tough sentence. The price of the shoes is irrelevant to the story or sentence. The key point is a gun was used in committing the crime. The penalty is not tied to dollars stolen but to the danger people are exposed to. Don’t care about age or race. That too is irrelevant and definitely should be applied uniformly regardless of age or race. Folk need to know that using a deadly weapon in committing a crime has severe consequences. Without the gun, 30 hours community service and repay the store.’
‘You want tough gun laws, these are tough gun laws. Use a gun to commit a crime and the sentencing starts at five years.’
‘The penalty for using a gun to commit a crime should be applied across the board and not be based on race or status.’
‘Affluenza teen got probation for killing multiple people. 5 years is crazy.’
‘I’m against harsh sentences for first offenders anyway, rich or poor, black or white. Especially with young offenders, the primary concern should be rehabilitation, not punishment.’
‘Be real. He was smart enough to know what he did. It was a completely premeditated armed robbery.’
‘He was 15, it was a first offense and no one was hurt. Even being premeditated (which I agree with), this sentence is fucking criminal.’
‘Trying him as an adult is absolutely the result of his skin color and handing him a 5 year sentence is just a continuation of that.’