INC NEWS - COURT WATCH: What will happen to Shawn Maurice Powell (death by hit & run)?

Sat Oct 7 21:29:15 EDT 2006

Shawn Maurice Powell faces charges associated with the hit-and-run accident
that killed a woman at Vickers and Lakewood.

Let's assume that (1) Mr. Powell's charges are upgraded to include felony
involuntary manslaughter; and (2) he is found guilty of all charges.

What can a judge do with his sentence?

The answer is dictated by North Carolina's structured sentencing laws, and
the discretion of the D.A. and judge:

http://www.nccourts.org/Courts/CRS/Councils/spac/Publications/Manual.asp

(See the sentencing grid on page 10 of the manual.)

State-mandated sentence ranges are based on (1) Felony Class (from A down to
I), and (2) prior record level. 

Let's consider only the felonies (and not misdemeanors) that Mr. Powell may
be charged with:

-          Involuntary Manslaughter (Class F)

-          Hit / Run Fail Stop Per Inj (Class H)

-          Possess Stolen Motor Vehicle (Class H)

His prior record calculation is 20 points (Level VI).

Note: If an Ohio sexual assault conviction is not fully considered under the
law, his prior record calculation would be only 14 points, or Level IV. See
more on this below.

What is the most lenient sentence Mr. Powell can receive?

20 months in prison

(Or 15 months prison, or even probation - if mitigating factors are found)

What is the longest sentence Mr. Powell can receive?

284+ months in prison

(Or at least 23 years, 8 months)

What makes the difference in the outcome?

The District Attorney has the discretion to: 

-          Charge Mr. Powell as an "Habitual Felon" - based on his prior
convictions. (This would enhance the length of his prison term.)

-          Demonstrate that Mr. Powell's prior Ohio conviction counts as a
Class B1 Felony, for the purpose of determining his prior record level.

The Judge has the discretion to:

-          Sentence Mr. Powell consecutively (rather than concurrently) for
each felony conviction;

-          Find aggravating or mitigating circumstances;

-          Sentence in the longer or shorter range of minimum sentences
allowed;

-          Sentence the two Class H felony convictions as active prison time
(rather than probation).

Caleb Southern

(Dislcaimer: The info in this email is based on my best understanding of
state law, structured sentencing, and public records for the defendant. I am
not an attorney or judicial expert.)

***

Lenient sentence calculation:

-          For: Involuntary Manslaughter (Class F)

-          Level IV prior record level (14 points)*

-          Concurrent sentencing for all lesser convictions (e.g. these
don't add time to the sentence)

-          Ohio Sexual Assault conviction is only counts as 2 points (Class
I felony) in determining prior record

*The state (prosecutor) is responsible for demonstrating that a prior 1st
degree sexual assault of child conviction in Ohio is equivalent to a North
Carolina Class B1 felony (9 points). Otherwise, this out-of-state prior will
be counted as a Class I felony (only 2 points). Failing to demonstrate this
would reduce Mr. Powell's prior conviction level from Level VI (20 points)
to Level IV (14 points). See more on this below.

Legally, the minimum sentence could be lowered to 15 months of active prison
time (if mitigating factors are found by a judge) - or suspended to only
probation (if extraordinary mitigating factors are found).

Stiff sentence calculation:

Assume:

- Judge sentences three felonies consecutively

- All three felonies are sentenced as active prison time, at maximum allowed
terms

- Aggravating factors are found (allowing longer sentences).

- District Attorney chooses to indict as "Habitual Felon", resulting in
conviction (for increased sentencing on Felony Hit & Run charge)

- District Attorney succeeds in bring in Ohio sexual offense conviction to
count toward priors as Class B1 felony (9 points).

Involuntary Manslaughter

Class F felony, Level VI priors - aggravated sentence range: minimum of
39-49 months, active prison

RESULT: 49 to 59 months

Possession of Stolen Motor Vehicle

Class H felony, Level VI priors - aggravated sentence range: minimum of
20-25 months, active prison

RESULT: 25 to 30 months

Hit / Run Fail Stop Ser Inj

- Class H conviction is sentenced as Habitual Felon (Class C sentencing
range)

Class C felony, Level VI priors - aggravated sentence range: minimum of
168-210 months, active prison

RESULT: 210 to 261 months

Consecutive Sentence totals:

  49 to  59 months

  25 to  30 months

210 to 261 months

TOTAL: 284 to 350 months, active prison

(At least 23 years and 8 months)

Aggravating Factors:

I am not an attorney, but I would think that there is legal cause to
increase the sentence due to aggravating factors, possibly including the
following:

"The offense was committed for the purpose of avoiding or preventing a
lawful arrest or effecting an escape from custody."

(Mr. Powell was speeding to get away from a police car that turned its
flashing lights on, according to the N&O.)

"The offense was especially heinous, atrocious, or cruel."

Prior Record Level Calculation:

Mr. Powell's prior conviction record is at:

http://webapps6.doc.state.nc.us/apps/offender/offend1?DOCNUM=0512989
<http://webapps6.doc.state.nc.us/apps/offender/offend1?DOCNUM=0512989&SENTEN
CEINFO=yes&SHOWPHOTO=no> &SENTENCEINFO=yes&SHOWPHOTO=no

Note: Per state law, misdemeanor traffic convictions are not counted here.

Conviction Date           Offense                                    Class
Prior Record Pts

2-20-97                         B&E (11-15-96)                          (M)
1     1

9-19-97                         Poss. Stolen Goods (5-13-97)     (M) 1     1

10-7-97                         Poss. Stolen Goods (3-7-97)       (F) H
2

10-7-97*                        Counterfeiting Tools (3-7-97)        (F) I
-           

7-2-98                           Assault ISI (5-1-98)                    (M)
A1  1

4-23-99                         Poss. Stolen Goods (9-29-98)     (M) 1     1

4-23-99                         Poss. Stolen Goods (8-2-98)       (M) 1
-

10-8-99                         Larceny > $200 (3-11-99)            (F) H
2

10-8-99*                        Larceny > $200 (2-8-99)              (F) H
-

12-7-00                         Larceny Motor Vehicle (2-8-99)    (F) H
2

12-7-00*                        Poss. Stolen Goods (4-14-00)     (F) H     -

6-23-05                         1st deg Sex Off Child (7-24-04)     (F) B1
9

Currently on Probation / Parole
1

TOTAL
20 points (Level VI)

NOTE: The District Attorney must demonstrate that the Ohio conviction for
1st degree sexual offense with a child is substantially similar to the
corresponding N.C. Class B1 Felony, for the purpose of determining the
defendant's prior record points. Otherwise, this conviction will count only
2 points (as an N.C. Class I felony), rather than 9 points as reflected
above.

(M = misdemeanor; F = felony; Class is misdemeanor or felony class of prior
conviction.)

* Convictions in red may be used to establish Habitual Felon status, if the
District Attorney elects to pursue this to enhance the sentencing of one of
the current charges (elevating sentence to that of a Class C felony). These
convictions are not counted toward the points in determining prior
conviction level.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.deltaforce.net/mailman/private/inc-list/attachments/20061007/6cf911d9/attachment-0001.htm 