http://www.washingtonpost.com/wp-dyn/articles/A10662-2003Jul4.html
By Stephen McDonald
Sunday, July 6, 2003; Page B07
On the night of March 25, a criminal named Bernard Johnson did his best to kill D.C. Police Detective Anthony McGee. Then, on June 4, a judge named Susan Winfield did her best to avoid punishing Johnson for his attack.
This is a true story of how justice in the District can be a crime.
Back in March, Johnson was already a two-time loser on gun charges. When McGee and I confronted Johnson in a Northeast Washington alley during an investigation, he was a convicted felon facing the risk of yet another arrest.
So he did what came naturally: He pulled out his unlicensed .380 semiautomatic handgun, fired three high-velocity rounds into McGee and ran.
McGee survived.
Johnson was hunted, was arrested and pleaded guilty.
And that's when the next crime occurred.
Thanks to the remarkable generosity of D.C. Superior Court Judge Winfield, Johnson will serve only two years in prison for shooting a cop. It's far less time than it will take McGee to recover fully from his wounds.
At sentencing, Winfield gave Johnson a very dramatic tongue-lashing -- as if a good, stern talking-to would help this repeat felon see the error of his ways.
Then Winfield let her actions speak louder than her words. She sentenced Johnson to 12 years in prison. And she immediately suspended five years.
If seven years sounds like a light load for gunning down a police officer, wait until you do the math.
Johnson pleaded guilty to aggravated assault and possession of a firearm during a crime of violence. In the District, the gun charge carries a five-year mandatory sentence. The judge has no discretion about it.
So, because of the gun charge, Johnson was going away for five years no matter what. Since his total imprisonment will be only seven years, that means Johnson had a mere two years tacked onto his sentence for shooting McGee.
That's 730 days for shooting a cop. A shoplifter could do more time.
It was a shrug of judicial indifference for an attempt to kill a man who grew up in the District and became one of the finest officers on the force. Believe me, police get the message sent by Winfield's laughably light sentence.
Criminals take note, too. Hey, why not give it a try? If you think you can get away with taking a pop at a cop, just blast away. If you escape, you're free. If you get caught, you're not doing any serious time.
If you don't think that's how it looks to a street thug, you're not living in the real world.
Think Bernard Johnson's case is a fluke? A peek at Johnson's arrest record proves crime without punishment is all too common in the D.C. courts.
In 1994 Johnson was convicted here for carrying a pistol. He did just a little jail time and was soon out on the street.
In 2000 he was convicted of possessing a firearm and ammunition. This time he served six months and was freed.
Before my partner and I crossed Johnson's path that March night, the D.C. justice system had had repeated chances to deal with him. Each time, the system failed.
Even a D.C. cop like me understands a little bit about politics. You can't work any part of this city without absorbing some of the debate.
Yet, when I hear people talk about "liberal judges," it's not a political slogan to me.
Until judges here apply punishments that actually fit the offenses, the District's fight against crime will remain fundamentally flawed. Things need to be fixed and soon.
After all, in less than seven years now, Bernard Johnson will have paid his debt to society as measured by the Honorable Susan Winfield. At the age of 34, he'll be back on the street.
Maybe Johnson will remember the judge's little lecture, maybe not. If you live or work in this city, that's a chance you'll just have to take.
The writer, a detective, is a 13-year veteran of the Metropolitan Police Department.
By Stephen McDonald
Sunday, July 6, 2003; Page B07
On the night of March 25, a criminal named Bernard Johnson did his best to kill D.C. Police Detective Anthony McGee. Then, on June 4, a judge named Susan Winfield did her best to avoid punishing Johnson for his attack.
This is a true story of how justice in the District can be a crime.
Back in March, Johnson was already a two-time loser on gun charges. When McGee and I confronted Johnson in a Northeast Washington alley during an investigation, he was a convicted felon facing the risk of yet another arrest.
So he did what came naturally: He pulled out his unlicensed .380 semiautomatic handgun, fired three high-velocity rounds into McGee and ran.
McGee survived.
Johnson was hunted, was arrested and pleaded guilty.
And that's when the next crime occurred.
Thanks to the remarkable generosity of D.C. Superior Court Judge Winfield, Johnson will serve only two years in prison for shooting a cop. It's far less time than it will take McGee to recover fully from his wounds.
At sentencing, Winfield gave Johnson a very dramatic tongue-lashing -- as if a good, stern talking-to would help this repeat felon see the error of his ways.
Then Winfield let her actions speak louder than her words. She sentenced Johnson to 12 years in prison. And she immediately suspended five years.
If seven years sounds like a light load for gunning down a police officer, wait until you do the math.
Johnson pleaded guilty to aggravated assault and possession of a firearm during a crime of violence. In the District, the gun charge carries a five-year mandatory sentence. The judge has no discretion about it.
So, because of the gun charge, Johnson was going away for five years no matter what. Since his total imprisonment will be only seven years, that means Johnson had a mere two years tacked onto his sentence for shooting McGee.
That's 730 days for shooting a cop. A shoplifter could do more time.
It was a shrug of judicial indifference for an attempt to kill a man who grew up in the District and became one of the finest officers on the force. Believe me, police get the message sent by Winfield's laughably light sentence.
Criminals take note, too. Hey, why not give it a try? If you think you can get away with taking a pop at a cop, just blast away. If you escape, you're free. If you get caught, you're not doing any serious time.
If you don't think that's how it looks to a street thug, you're not living in the real world.
Think Bernard Johnson's case is a fluke? A peek at Johnson's arrest record proves crime without punishment is all too common in the D.C. courts.
In 1994 Johnson was convicted here for carrying a pistol. He did just a little jail time and was soon out on the street.
In 2000 he was convicted of possessing a firearm and ammunition. This time he served six months and was freed.
Before my partner and I crossed Johnson's path that March night, the D.C. justice system had had repeated chances to deal with him. Each time, the system failed.
Even a D.C. cop like me understands a little bit about politics. You can't work any part of this city without absorbing some of the debate.
Yet, when I hear people talk about "liberal judges," it's not a political slogan to me.
Until judges here apply punishments that actually fit the offenses, the District's fight against crime will remain fundamentally flawed. Things need to be fixed and soon.
After all, in less than seven years now, Bernard Johnson will have paid his debt to society as measured by the Honorable Susan Winfield. At the age of 34, he'll be back on the street.
Maybe Johnson will remember the judge's little lecture, maybe not. If you live or work in this city, that's a chance you'll just have to take.
The writer, a detective, is a 13-year veteran of the Metropolitan Police Department.
Bottom line, the system needs help & it isn't getting it from liberal law makers!