On Thursday, the Bethel Superior Courtroom concluded the case of Daniel Misner, a Bethel man who fired a gun at Bethel resident Charlie Smith final yr on a public road, based on a narrative revealed by KYUK Public Media.
After listening to a press release from the sufferer and reviewing the case, Superior Courtroom Decide Dwayne W. McConnell stated that he was not proud of the deal Misner was getting.
“Having learn this and considered it, and understanding Mr. Smith, I’d need you to go away for 20 years,” McConnell stated.
The decide stated that reforms to Alaska’s felony justice system by Senate Invoice ninety one left him no selection however to condemn Misner to time served and probation. Misner has already been in jail for lower than a yr, which can be on a regular basis he’ll serve, though he should spend the subsequent 5 years on probation.
McConnell stated that this sentence was in line with SB ninety one, a justice reform invoice aimed toward unburdening the state’s overtaxed jail system with modifications in required sentencing. The decide made it clear that he has issues with the laws.
“SB ninety one modified issues rather a lot,” McConnell stated. “It’s triggered a good quantity of consternation by people who understand what the Legislature did.”
He went on to say that SB ninety one was enacted purely to save lots of the state cash, although it has been championed by supporters as a measure to scale back the disparities in a system tilted towards each the deprived and minorities.
No matter SB ninety one, there have been vital issues with this case, considered one of which have been accounts of the incident by two eyewitnesses that weren’t thought-about till after the deal was made. District Lawyer Michael Grey stated that had this info been obtainable as proof, it might have led to a unique deal.
“Might one other sentence have been justified? Positive,” Grey stated. “Can that sentence be justified? I feel so.”
The DA stated that he didn’t find out about statements made by the witnesses, who noticed the capturing and contended that there was intent to kill. One of many witnesses stated he contacted police to make a press release final yr, however they by no means adopted up. The Bethel Police Division confirmed that it did take some sort of assertion in a social media launch, however no assertion confirmed up in any…