In a surprising move just days before his term ended, Mike Schmidt, the outgoing District Attorney of Multnomah County, petitioned the Court to pardon or commute sentences for several violent felons.
These individuals were accused of serious crimes, including murder, robberies, and violent assaults. However, in response to public outcry, a judge postponed the hearings until after Schmidt's departure from office. This decision, delivered on Monday, marked a final setback for the contentious prosecutor, whose lenient approach to crime enforcement led to his defeat in the last election cycle.
According to The Post Millennial, among those who voiced criticism of Schmidt's last-minute attempt to prioritize criminals over victims was the incoming District Attorney-elect, Nathan Vasquez. He expressed concern about the timing of the move, stating, "What we're seeing in these petitions is that these are very violent crimes. It kind of has all the trappings of being a very much last-minute giveaway."
Schmidt had requested that the Court review eight cases under a state statute, Senate Bill 819, passed in 2021. This law allows a convicted criminal and a district attorney to petition a judge to review the convicted's case. The judge then has the power to downgrade a felony to a misdemeanor, overturn an entire conviction, or reduce a jail sentence. However, the law stipulates that victims must be notified by the DA's Office 30 days in advance. Vasquez, who is currently a prosecutor in Schmidt's office, stated, "I don't believe that's occurred." Consequently, Multnomah County Judge Melvin Oden-Orr postponed most of the resentencing hearings following Vasquez's objections. The cases are now scheduled to be revisited on February 13.
One of the cases Schmidt asked the court to revisit was a 1993 murder and robbery case involving Frank Swopes Jr., 62. Swopes was convicted of murder, two counts of first-degree robbery, three counts of first-degree burglary, kidnapping, and eluding police in connection to two separate incidents. In the first case, he was charged with the murder of a 75-year-old woman. He and a co-defendant robbed the elderly woman at her home in Northeast Portland, stealing her wedding ring and 8 dollars. The woman died after Swopes instructed his co-defendant to "keep her quiet," leading to her being shoved to the ground and dying, as reported by court documents obtained by the Oregonian.
Former Deputy District Attorney Jim McIntyre, who prosecuted the case, expressed horror at Schmidt's request to reduce probation for Swopes. He told KATU, "This one count that they want to reduce the probation for sexually assaulting an elderly woman is just unconscionable. The fact that he only has less than 48 hours to remain in office. He's doing this on the way out, I think is also unconscionable." McIntyre added, "[The victim] was so terrified she actually soiled herself in the process. The sentence that he received at the time, a lot of people would have believed was too light. And he's going to have three more years to serve, and that's exactly what he should serve."
Schmidt also petitioned the Court to revisit a 1996 case that convicted Shane Ebberts, 46, of first-degree assault and second-degree assault. Ebberts, who was 16 at the time, was convicted of bludgeoning Evan Gardner, a student at Mt. Hood Community College, with a mallet handle. While Ebberts struck Gardner in the head, his co-defendant struck Gardner's friend, David Clarke, on the skull with a baseball bat. Ebberts was tried as an adult and received a 7.5-year prison sentence, according to court documents.
Gardner, who was informed by DA Schmidt's Office about the petition on Dec. 23, strongly objected to the petition. He told The Oregonian, "Attempted by [expletive]! As a group, they inflicted irreparable harm that will stay with both of us and our families and our extended families forever. It shattered my feeling of safety."
Another case involved Allen Wayne Howard, 57, who was sentenced to 41 years in prison in 2002 for an armed robbery at Roosters Pub. Howard and a co-defendant ordered nine people inside the establishment to get down on the floor and threatened to shoot them. Howard fired at least one gunshot at the floor while demanding the victims to empty their pockets. The cash register was also raided, according to court documents. Howard, who was high on methamphetamine at the time, was convicted of nine counts of first-degree robbery, nine counts of second-degree robbery, nine counts of unlawful use of a weapon, and unlawful possession of a firearm. He has served 23 years of his 41-year prison term, and both Schmidt and Howard told the Court that his sentence was "excessive."
Schmidt also filed to reduce the sentence of Tanya Stoudamire, 52, a mother convicted in 2006 of two counts of child neglect for allowing drugs to be sold on her property where her children resided. She and Schmidt asked the judge to erase her convictions, the Oregonian reported. Dashia Fontleroy, 42, also requested a pardon for her 2002 child neglect conviction.
Other cases included Aaron D. Kent, 42, who was convicted in 2002 of delivering a controlled substance near a school; Jonathan Alexander Craig, 37, who was convicted of delivering heroin in 2017; and Nicholas Thornton, 42, who was convicted in 2011 of first-degree burglary. All of these individuals requested pardons.
Despite the controversy, District Attorney Mike Schmidt's Office defended the requests for commutations and pardons. After Judge Oden-Orr postponed the hearings, Schmidt stated in a press release issued on Monday: "I hope that at that time the court will thoughtfully consider and grant the petitions."
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