By Gwyneth Gibby
Gazette-Times reporter | Posted: Thursday, April 19, 2007 12:00 am
Corvallis residents continued to talk, and in some cases to fume, Wednesday over a controversial sentence imposed for the shooting of a homeless man by an Oregon State University fraternity member.
Joshua Grimes, 20, shot Dennis Sanderson in the leg with a .22-caliber rifle in October while Sanderson was looking for cans in garbage bins in an alley behind Grimes' fraternity, Alpha Gamma Rho. Grimes pleaded guilty in March to assault and unlawful use of a weapon in the case.
Judge David Connell sentenced Grimes on Monday to 150 days in jail and three years of probation, plus 400 hours of community service to be done in a homeless shelter. He must also pay $3,000 in fines.
In letters and e-mails to the Gazette-Times, citizens expressed outrage at what they perceived as leniency shown Grimes by Connell, calling it a "disgrace" and shameful. One person said the sentence showed "outright, flagrant bias" in Grimes' favor. Demonstrators on the street called the sentence unjust.
According to Oregon law, Connell could have imposed a mandatory minimum prison sentence of five years for a crime committed while either threatening to use, or actually using, a gun. Because it was a first offense, that five-year term was not required. The judge also had the option of imposing a lesser sentence under standard sentencing guidelines, which take into account an offender's prior criminal record.
"Under the gun minimum," Connell said in a telephone interview after the hearing, "I was faced with the dilemma of giving him five years in prison or going by the guidelines."
Because Grimes had no criminal record, the sentencing guidelines called for no more than 180 days in county jail, 90 days for each of the two charges to which he pleaded guilty, and that he receive probation.
"I think it was a fair sentence," said Grimes' attorney, Chris Dunfield. "I think Judge Connell did the right thing. I don't think it would benefit anybody for Mr. Grimes to spend five years in prison at the age of 20."
But many in Corvallis disagreed. Two women picketed the Benton County courthouse Tuesday to protest what they said was preferential treatment given to a well-to-do fraternity member.
"Every poor person in that courtroom," said Marie Parcell, "knew that if they shot someone, whether it was the first time or not, they'd be sent up for it."
Parcell held a sign saying, "Injustice in Corvallis - No $ = No justice." Some cars passing by honked their horns in support.
"Poor people feel there's an inequality both when they're victims and when they're defendants," Parcell said.
Jodie Harmon's sign said "Frat Boy's Judge gives nod of approval for shooting poor/homeless." Harmon said she had been outraged to hear that following the shooting, OSU held talks to discuss homelessness with some members of fraternities. She thought the real issue was the shooter.
"Why were we making the victims the problem?" she asked.
Connell has imposed a harsher sentence for a first-time offense using a gun. In 2005, he sentenced Paul Benjamin Swanson to 13 months in prison after he was convicted of unlawful use of a weapon. In that case, Connell chose not to impose the gun minimum, but he cited aggravating factors to depart from the guidelines and give a harsher sentence than the presumptive 90-day jail term.
In that case, however, there was a trial and sworn testimony that established aggravating factors. Because Grimes entered a guilty plea, there was no finding of facts by either a jury or the court. District Attorney Haroldson made the argument in the sentencing hearing Monday that Grimes shot Sanderson "for sport." According to police reports, Grimes' friends said he shot Sanderson intentionally.
But Grimes told Connell that he didn't mean to hit Sanderson; he only meant to scare him. There was no evidence or sworn testimony to determine which account was factual, so Connell said he was unable to use either account as an aggravating or mitigating factor on how harsh a sentence to impose.
Haroldson said that no case has gone before the Oregon appeals court about how strictly the guidelines are followed in a case in which the judge chose not to impose the gun minimum.
According to Dunfield, before the guidelines were instituted in 1989, a judge could impose the gun minimum of five years, but suspend the sentence. The judge would, in effect, say "The district attorney thinks the defendant belongs in prison and the defense attorney says he'll never offend again and he should be given probation. I don't know who to believe, so I'm suspending the sentence and you're going to prove one of them right."
Judges can no longer suspend prison sentences in Oregon, so that was not an option for Connell.
Dunfield said another consideration was what prison might do to a young man like Grimes from a small town and a relatively sheltered background.
"Is prison going to make the person worse?" he asked.
Haroldson pointed out that Oregon has a variety of prisons, from minimum to maximum security, and there are a number of programs offenders can participate in, such as spiritual programs and vocational training.
"What are you telling us," Haroldson said, "that if we don't just slap you on the wrist, you're going to come out a monster?"
In many cases, mercy must be balanced with justice, Haroldson pointed out. And the more horrific the crime, the less the background of the offender should be considered.
"As DA I view my role and the role of my office," he said, "as setting the standard for what we expect justice to be in this community."
Haroldson said that meant treating everyone the same, rich or poor.
"If you shoot someone for sport," he said, "you go to prison."