Sentencing disparities plague criminal justice system
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An Indianapolis man who illegally trafficked 167 firearms — some used in crimes in Chicago, Georgia and Ohio — was sentenced this month to federal prison.
He got 18 months.
In January, a Columbus man who robbed two auto parts stores at gunpoint in 2019 also was sentenced to federal prison.
He got 18 years.
Eighteen years and nine months, to be precise.
There are no direct links, so far as we know, between the cases of Stephen King, 66, and Craishon Russell, 32.
But these two might as well be joined at the hip.
And the disparity in their prison sentencings highlights yet another failing of our political and criminal justice systems to address gun violence holistically.
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Russell came to federal court with a long history.
In 2011, he was sent to state prison for four years for robbing an East Side gas station. That indictment noted that he was prohibited from carrying a gun due to a prior case; at 17 years old he had been adjudicated delinquent for still another robbery.
The 2019 robberies that drew federal scrutiny were violent. Russell took control of the stores, herding employees around inside and ordering them to empty the safes at gunpoint. It was scary stuff.
In a sentencing memorandum for the federal case, defense lawyer Kristin Burkitt said Russell’s childhood was turbulent.
“He was exposed to violence early in life and was removed from the custody of his mother at age 12,” she wrote. “This background is not offered as an excuse for Mr. Russell’s choices or behaviors, but rather as an explanation of how a bright, capable young man can become this defendant — ‘Diablo’ — at such a young age.”
On the streets, it seems, Russell was known as the devil.
Where did the devil get his guns? Court records don’t say. Maybe he stole them. Maybe he traded for them on the street.
He certainly didn’t come by them legally, but he might have bought them from someone like King, an illegal arms dealer who co-hosted a Bible discussion program on YouTube when he wasn’t trafficking guns throughout the Midwest, our state included.
If you bristled at Burkitt’s arguments on her client’s behalf, you should know that she wasn’t calling for a slap on the wrist. She thought a fair sentence was 14 years.
We should have a bigger problem with King’s case.
The Indianapolis Star reported that King said in court that he had once worked as a police officer. Court documents also indicate that at one point he had been a federally licensed firearms dealer, a status he did not hold during the time of this investigation.
His sentencing memorandum asked for leniency because he was 66 years old and “relies upon Social Security and a part-time job for his nominal income.”
Selling guns, his lawyer wrote, started “as a hobby and a pastime,” and “the profit generated by this activity was nominal.”
His profit was nominal. Society’s losses will prove substantial.
Before swallowing King’s sob story, here are the facts:
Agents with the Columbus Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives said King bought and illegally resold about 167 firearms in five months in 2020. He bought some from licensed dealers, but most from private sellers online.
King resold 101 guns within three days, and at the time of his sentencing on March 15, 24 of the firearms had been recovered by law enforcement in connection with various crimes. In one instance, a gun he sold was used in a crime just four days later.
“The scope of the damage the Defendant’s unlicensed firearms dealing has caused therefore remains ongoing,” prosecutors wrote in their sentencing memo.
They talked tough after his sentencing.
“Illegal trafficking of deadly weapons drives the violence plaguing our communities,” said U.S. Attorney Zachary A. Myers.
True.
“The individuals who funnel firearms to prohibited persons directly contribute to violence in our community,” said Timothy Canon, acting special agent-in-charge of the ATF’s Columbus Field Division.
Also true.
“Those who choose to knowingly and unlawfully introduce firearms into the underground gun economy will be held accountable,” Myers said.
In the King case? We’ll call that claim mostly false.
King pleaded guilty to a charge of dealing in firearms without a federal firearms license, which carries a maximum penalty of up to 5 years in prison and a $250,000 fine.
Even five years seems like inadequate punishment for this. Federal prosecutors recommended a sentence on the lower end of the sentencing guideline. The government also agreed, as part of King’s plea deal, to dismiss 10 other counts of making false statements during various gun transactions.
U.S. District Court Judge Jane Magnus-Stinson imposed the measly 18-month sentence. After his release, King will serve two years of probation.
This guy pumped more than 100 guns into society to make a fast buck at a time when homicide rates nationwide were skyrocketing. Having worn a badge and possessed a federal firearms license in some past life, he knew without a doubt the depths of the shadiness in which he was engaged.
“You got to love this business,” he said in one gun store, according to an agent shadowing him.
King supplemented his “nominal income” by placing deadly weapons in the hands of felons like Craishon Russell.
During a search of King’s home, according to a criminal complaint, agents were curious where all his recently purchased guns were.
“King stated they were gone,” agents wrote.
They aren’t gone.
God knows where they are right now.
Tucked in the waistband of a young man bent on murder.
Secreted under sofa cushions in a drug house, waiting to be used against police officers serving a search warrant.
Tossed in the weeds to be found by some curious child.
But they aren’t gone.
Those guns exist, and they will keep turning up in crimes, spilling blood from Ohio to Chicago and beyond, in the months and years to come.
And each time that happens, King will be every bit as liable as the person pulling the trigger.
td*****@di******.com
@Theodore_Decker
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