Jeff Wayne – 05/02/2020
With the current COVID-19 climate in full swing, KY. Governor Andy Beshear is in the process of commuting the sentences of prisoners that are deemed “non-violent” offenders. Now we must ask ourselves, what is the state of Kentucky’s definition of non-violent? The answer might surprise you.
Kentucky law defines nonviolent crimes as those which are a C felony or less. … “A violent offender is someone who pleads guilty to or is found guilty of a Class A or a Class B felony which resulted in the death of the victim or in serious physical injury.
Therefore, a person who commits a Class C felony, such as assault in the second degree, and manslaughter in the second degree, and trafficking in a controlled substance (over a certain amount) are considered to be “non-violent” according to Kentucky law.
Here is a story of one such “non-violent” offender that happened in Henderson County Kentucky a couple of years ago:
If someone stomped on your head until you passed out, would you regard that violent? For most of us the answer would be …. “Yes, of course.”
Oddly enough, Kentucky law considers that to be a nonviolent crime.
It happened here just two years ago.
A Mayfield man visiting Henderson was attacked by local resident George R. Rigdon, 48. Henderson police said Rigdon swung a broom at the victim, which he caught. However, the man then fell and Rigdon stomped on the back of his head until he blacked out, according to court documents.
George Rigdon
The victim suffered facial fractures, authorities said.
When questioned by police, Rigdon said he’d been drinking and doesn’t remember assaulting anyone.
Rigdon was charged with second-degree assault, which by Kentucky law falls under the category of nonviolent crimes. He pleaded guilty to assault under extreme emotional disturbance — another crime considered as nonviolent — and was sentenced to three years.
A status of nonviolent means a person only has to serve 20 percent of a sentence before being eligible for parole. In Kentucky, people convicted of violent crimes must serve 85 percent of his/her sentence before becoming eligible for parole.
According to the Department of Corrections, Rigdon served one year and six months. He was released from prison on Oct. 1, 2018. He completed his supervision in February of 2019, DOC officials said.
The, on Oct. 12, 2019, Rigdon allegedly went to a woman’s residence and assaulted her, according to Henderson police. The victim reported that Rigdon, “put one of his hands around her neck, pushed her against (the residence) and shoved his other hand against the left side of her face … the victim said when (Rigdon) put his hands around her neck it was hard for her to breathe,” according to court documents filed in the Henderson Judicial Center.
HPD officers said there were visible marks on the victim’s throat.
Rigdon was subsequently charged with strangulation, which is a new law in Kentucky.
And, ironically, Kentucky also considers the act of strangulation to be a nonviolent crime.
Commonwealth’s Attorney Bill Markwell said Kentucky law defines nonviolent crimes as those which are a C felony or less.
“Kentucky law stipulates what is violent,” he said. “For instance, by Kentucky statute, murder is considered a violent offense, but (some variations) of attempted murder are not.”
“A violent offender is someone who pleads guilty to or is found guilty of a Class A or a Class B felony which resulted in the death of the victim or in serious physical injury. Second-degree assault is a C felony. Strangulation is also a Class C felony,” Markwell said.
Attempted murder, a Class B felony punishable by 10 to 20 years, is only considered violent if it results in a serious physical injury.
Another story from Henderson County Kentucky, of a nonviolent offender:
In April of 2018, the Henderson County Sheriff’s Office thwarted the plans of a Madisonville man who went to Tyson Foods to “hunt” his wife’s coworker and her alleged lover.
Christopher Hancock, then 42, loaded into his car his wife, two young children, four guns, one large knife and six boxes of ammunition and headed to Tyson Foods.
Christopher Hancock
Sheriff’s officials said he’d made threats on social media that he would kill his wife’s lover. Hancock also allegedly told his wife that he was going to “kill her (n-word) boyfriend,” according to court testimony from a preliminary hearing in Henderson District Court earlier this year.
The woman was able to warn her sister about her husband’s intent. The woman’s sister notified Tyson officials, who called 911. Hancock was stopped in the Tyson parking lot and after several guns were found in the vehicle, he was taken into custody.
At the end of his August 2018 trial, Hancock was found guilty of attempted murder and sentenced to 10 years in prison.
Markwell said although Hancock “took significant steps toward trying to kill someone” he was prevented in his attempt which means the crime, by Kentucky law, is considered nonviolent.
These are the stories of only two of many offenders, that in the state of Kentucky are considered to be nonviolent. COVID-19 should not be used as an excuse to release hundreds (to date almost 500 with approximately 200 more planned) of these types of offenders into the public. Law makers need to remember that many of their crimes were not “victim-less” and that those victims deserve the full justice that the courts originally bestowed upon these perpetrators. Many of these victims are scarred for life, both physically and emotionally, by these offenders that are being turned loose.
Governor Andy Beshear needs to be brought to task over his decision to release these people under the guise of “Emergency Pandemic Measures.” There is absolutely no sane reason for this to be happening, Pandemic or not.