Pardon Him

In our extended Eye Poll, our readers came to the same conclusion that we did... pardon him. The 390 Eye Readers in our unscientific poll 57% believed Elton John Richard II should be pardoned by Governor Richardson, 39% said no way, 2% didn't know, and another 2% didn't care (view the results here).

As you probably know, we agree with the majority. A pardon seems in order as two wrongs don't make a right. Richard protected himself, his family, the rest of us, and made every attempt to bring Daniel Romero into custody - which would have protected the felon from himself. In our opinion a pardon is in order simply because Richard acted in the best interests of his family and society.

This week's Eye Poll is a bit esoteric. But we're really interested in what beliefs you think are important in a candidate for any office. Take a moment and think about the things you believe in and which beliefs are compatible with your own. Don't forget to vote!

Justice Served? Hardly

Judge Pat Murdoch reversed himself Friday and sent Elton John Richard II home to his family with time served, a five year probation, and the bill for Daniel Romero's funeral. It was a step towards righting a wrong that started when Richard plead guilty to manslaughter and ended when Judge Murdoch initially sentenced Richard to 2 years in prison and four years of $500 a month restitution to Daniel Romero's family.

There were a lot of wrongs in this case starting with Daniel Romero who made the wrong decision to try to pay off a drug dealer by stealing a vehicle from the wrong man. Romero's string of wrong decisions continued when he refused to be taken into custody to wait for the police, when he attacked the Marine whose Bronco he had tried to steal and when he ultimately turned to attack him for the last time.

Daniel Romero wasn't the only one to make the wrong choices. District Attorney Kari Brandenburg made the wrong choice when she decided to prosecute a man who only did what any police officer would have done in the same situation. Billy Blackburn, a high power attorney (one of the best really) was wrong when he advised his client to take a plea rather than go to court. Judge Murdoch was wrong when he accepted the plea and doubly wrong when he imposed his initial sentence.

Finally after all of those wrongs, Judge Murdoch did the right thing by reducing Richard's sentence. The problem is one right doesn't undo all of the wrongs that preceded it.

We have to admit that we initially struggled with this story. No one wants to see a fleeing man gunned down. But as we looked into the story we became more and more convinced that Richard acted in the best traditions of law enforcement and the Marine Corps. He protected his family and the rest of us, while restraining himself from using deadly force until he felt his life was in danger.

Ultimately, the only way that all of these wrongs can be righted is for the Governor to pardon Richard. Mr. Romero is dead because he was continually in the wrong. Mr. Richard lost the life he knew because of the wrongs done to him. Governor Richardson has the power to return a man's life - he should exercise that power and right all of the wrongs that came before.

Richard Review

Elton John Richard's sentencing comes up for review this Friday. Richard was the former marine that convicted felon Daniel Romero tried to rob and paid the ultimate price for his felonious stupidity (read it here and here).

(Sidebar)
A note to anyone with felonious aspirations, DO NOT EVER attempt to rob a determined Marine. These guys voluntarily entered a branch of the military that prides itself on being the first into a hostile military situation. Your guns, knives, and gang BS aren't a match for a Marine's training, determination, and honor.
(End Sidebar)

For the past few months, APD Sergeant Paul Heh (yes that sergeant) has been gathering signatures on a petition requesting that Richard's sentence be reduced. He's scheduled a news conference for Thursday morning where he plans to present the signature to Wade Harless - Richard's father-in-law. Mr. Harless wrote us a letter shortly after our first post giving us more information about the events leading up to the shooting and the behind the scenes reasons behind the plea bargain (read it here).

Our Eyes tell us that Sergeant Heh's news conference will be held at the St. Java Coffee Shop, 801 4th Street, NW at 8:00 am. We also understand that he and Wade Harless will make a radio "appearance" on the Jim Villanucci Show Friday afternoon.

We think that the decision not to take this thing to trial was a bad one in the first place. But according to Mr. Harless, Richard's no contest plea was in exchange for a promise that he wouldn't spend time away from his wife and child. We understand the motivation and the desire to be with his family but trusting the criminal justice system (and the DA) to administer justice is naive at best. The system is designed to pick the low hanging fruit not reward those with integrity and honor for their sacrifice.

----- Correction -----
The original post indicated that Wade Harless and APD Sergeant Paul Heh would be on the 770 KKOB's Jim Villanucci Show Thursday afternoon. That information was incorrect. We have confirmed that the two of them will appear (yes we know it's radio) Friday afternoon at 4pm. The timing may make the show even more interesting as Mr. Harless will no doubt have information about the Friday morning hearing.

Eye Poll: Set Richard Free

By an overwhelming margin, respondents to our extended Eye Poll felt that Elton John Richard II should be either pardoned or have his sentence commuted to time served. Only 30% of our readers felt that Big Bill should not intervene, while 12% felt that a commutation is in order 56% (almost 2 to 1) felt that the Richard should be pardoned outright (read it here).

We tend to agree with the outcome of our poll. We believe that Mr. Richard is serving a sentence for making every attempt to detain a criminal for lawful prosecution. Unfortunately, Romero chose to attack a determined marine just one too many times. As we've said before, this is the type of case that the executive pardon was made for.

There's been a lot of heated debate going on around here concerning the new APD contract, the APOA and the handling of the contract's ratification. It's good to see such strong feelings from both sides. So, just guess what the Eye Poll is about... Yep, whether or not the APOA should re-vote on the contract after all of this fine debate and after everyone has had a chance to actually review the contract themselves. Don't for get to vote!

Eye-rate

After a great deal of consideration and consultation with our Eyes behind the badge, we posted our first take on the Elton John Richard II case (read it here). Shortly after that post we received an email from Mr. Richard's father-in-law - which after obtaining permission we posted here.

Today, the Albuquerque Journal revisited the story and managed to do nothing to advance the story and plenty to muddy up the water (ABQ Journal - Subscription). From the moment we saw the front page above the fold story complete with photographs of the victim (Richard) and the deceased (Romero), we were irate. The Journal published photos of both men - one showing Richard accepting judgment, the other a happy "family-man" photo of Romero complete with smiling faces provided by Romero's family.

(Sidebar)
In defense of the Journal, an editor's note explained that the "The family of Elton John Richard asked the Journal not to publish a family portrait, citing privacy and safety concerns."

That should tell you something right there. The family of the felon feels it's perfectly acceptable to publish family photos with a convicted felon (Romero). They see no shame and there's no stigma attached - kind of like a badge of honor. Meanwhile, the family of the victim (Richard) is afraid to have their photos published.

At the very least the Journal could have found a photo of Romero with less spin and more appropriate to the situation. Let see... maybe a mug shot?
(End Sidebar)

The Journal's sub-head (Ex-Con's Cocaine Habit Catalyst in Run-In With Vet) was even worse as it provided a sympathetic excuse as to why an convicted felon was out doing what all too many convicted felons do - break the law. Although the rest of the story did a pretty good job of describing the lives of both men, the bias had already been established so the damage was already done.

The problem with this type of human interest story posing as news is that when you get right down to it the details of the lives of the two men are immaterial. Who cares that Romero had helped people on the roadside - he could have just as easily been robbing them. Who cares that Romero owed $400 to a drug dealer. Who cares that he was a coke head. None of those factors are pertinent to the fact that he chose to attempt steal Richard's vehicle. He chose to threaten Richard. He chose to attempt to avoid arrest. He chose to attack a determined Marine that knew how and when to use the weapon he carried.

The sad fact is that if Romero had simply waited with Richard in his front yard for the police to arrive he would be alive today. But that's not the sad part. The sad part is that he would have probably been out of jail the next day and out of prison by now.

It comes down to the fact that the why really doesn't matter. The fact is Romero was breaking the law, fleeing prosecution, and endangering the lives of others - period. We really wish that this thing had gone to trial. We believe that the DA's case would have boiled down to the word of a decorated Marine vs. that of a dead felon.

Think about it. Richard ran 1400 feet down streets, across fields, and over fences in his socks just to end the life of Romero a convicted felon? As a jury member it would be hard to believe that Richard ever intended kill Romero. At best the scenario that the DA would have presented at trial would have been hard to believe not to mention that the forensics were not at all conclusive. What's easier to believe - that Richard ran 467 yards to kill a man or that he ran 467 yards to take him into custody?

Prisons are great place for people like Romero who repeatedly endanger the lives of those around them and somehow believe that they have the right to take what they need regardless of the reason. In our opinion that pretty well fits the definition of a sociopath - someone who's utter disregard for those around him allows them to justify just about any action.

Elton John Richard II is clearly not a sociopath or a criminal for that matter. It serves no purpose for the state to send him to prison. And it serves no purpose for Richard to have to pay off the Romero family whose kindly ministrations allowed Romero to continue his criminal ways. Now the Romero family is busy trying to collect more blood money by pursuing a civil wrongful death suit.

We've all been the victim of petty theft. It's an invasion that leaves you insecure in your own home - even if that theft takes place in your driveway. Richard did a job that the system failed to do... keep us safe from people like Daniel Romero. He should be thanked for his determination to apprehend a common criminal. He certainly should not be treated like one. If ever there was a case deserving clemency or pardon this is it.

----- Post Script -----
We haven't done an Eye Poll in quite a while. However, the more we've learned about the Richard's case, the more we've moved toward a complete pardon by Governor Richardson. We'd love to know what you think. Weigh-in on this week's Eye Poll.

Letters to The Eye: A Word from Elton Richard's Father-In-Law

We received an email from Wade Harless Elton John Richard II's father-in-law regarding our Sunday post entitled "Choices" (read it here or just scroll down). The email said some favorable things about our commentary (which we appreciate) but that's not why we're posting it here.

We asked permission to publish the email because it shed some additional light on the events leading up to Daniel Romero's shooting. After reading the email it made us even more convinced that Mr. Richard had no other choice but fire his weapon in self-defense. We believe it was self-defense because despite Richard's pursuit of a fleeing felon, he never fired his weapon until he was being attacked by the deceased.

A Word from Elton Richard's Father-In-Law

Dear Sir:

First of all, thank you for one of the best written articles about this incident I have read to date. Both sides of the coin were discussed and presented.

I would like to clarify some of the facts that some of the bloggers either do not have access to or they have heard some of the rumors which are not based on fact about the case. Just to lend credibility to this email, I am Elton's father-in-law and was present the first five days after this occurred, and have been following this case with every detail.

Running Romero Down to Shoot Him
Elton fought Romero in his yard while being beaten with a sledgehammer and other tools. Romero then progressed to back Elton down the street and into the corner of the cul-de-sac. As a Marine and as a Federal Officer, his training was to maintain a visual on the assailant and not lose the man until help arrives. Therefore, as his training kicked-in, he followed Romero as 911 had been called and the police were on their way.

After crossing the street and into the dark area, the shooting took place. I have never asked Elton specifically what happened up there, but having known Elton for many years, the only reason he would shoot another human being is due to fear for his life or the life of his family. Romero had already made the comment that he would be back when Elton was not there.

The autopsy report shows the angulation of the bullet such that determined that Elton was in a crouching position and Romero was over him with his arms out in a lunging position. Even without knowing the detail, this tells you there was a danger to Elton's personal well being.

As a trained sniper in the Marines, trust me, if Elton had intended to kill Romero at any given point, there would have been a bullet hole between his eyes.

Out on Bail
For three (3) years, Elton has been out on bail and was allowed, by the DA's office, to move home to Texas so he could be around family who could help them through this time. During that time they have had to sell their house, he lost his job, lost his benefits, have lost all of their savings and Elton's retirement and have gone into debt to pay defense expenses, etc. If he was such a "felon", why would he be allowed to leave the State? By the way, he called every week and followed the conditions of his bail for the entire time.

No Contest Plea
The "no contest" plea was agreed to as an assurance Elton would not be away from his son and wife. He did this knowing that he was pleading to something he did not do, but was not willing to chance adding further stress and torment to the life of his family. He also did this knowing that this would follow him all of his life. Even though this was not what I thought should have been done, we, the family supported him, without question, just as we have supported him in this since day one.

Now, with some of the facts, this young man has suffered for three (3) years in relation to the consequences of his actions. Yes, taking a life is a terrible thing. However, when you truly feel you are protecting your family and yourself, the resolve remains for a lifetime. None of the years can come back and Romero cannot be brought back, but the punishment should be based on factual information and not "he did not feel remorse". Thank goodness all of the judgements are not based on that. Most of the time the people on trial can lie better than most of us can tell the truth.

Thank you for allowing me the ability to respond to this blog. I appreciate your responsible reporting by providing all sides of this situation.

Respectfully submitted,



Wade

----- Post Script -----
If you take into account the sequence of events and the forensics, there can be little doubt that Mr. Richard felt his life was in danger when he made the decision to fire his weapon. The red herring in this case was the initial confrontation in Mr. Richard's front yard. If Romero had tried to steal his wallet and ended up dead we doubt that Richard would have ever been prosecuted.

Just because he pursued Romero with the intent to take him into custody, doesn't mean that Romero didn't threaten his life at the end of that pursuit. Again, if this had been a police officer giving chase it would have been deemed a justifiable homicide no matter how far the perp ran. The choice to turn and attack the officer (again) would have been enough to justify using deadly force.

Choices

Life is about choices - big and small, the fateful and the inconsequential. After an unspeakable tragedy, we spend a great deal of time examining the choices that led to a fateful event. Most of the time, we’re trying to lay blame or attempting understand events by playing “what if” or “connect the dots.” Each dot is a pivot where the choices made could have led to a very different outcome. Thought’s like “if I’d just left a few minutes earlier I would have avoided the accident” or “if we’d just noticed a large number of middle eastern exchange students taking flight lessons with no real interest in landing a plane” become obsessions.

The Elton John Richard II case is a perfect example of what happens when someone arrives at one of these pivot points and fails to recognize the predictable outcome of a simple choice. It’s only fitting that we examine some of those points – points where different choices could have led to a far less tragic outcome.

It all started years ago when Daniel Romero chose to involve himself in activity that could only be described as risky and one that ultimately led to his demise at the hands of a determined Marine. Make no mistake - Daniel Romero sealed his fate when he chose a life of larceny. His family argued at sentencing that Romero had helped people along the way - it's probably even true - but the simple fact is Romero chose to make stealing from others a part of his life.

(Sidebar)
Folks, armed robbery should be a dangerous occupation. One should certainly give serious consideration before deciding to go into the field. Societies' mistake is that we’ve created a system of laws, legal precedents, and administrative rules that serve to protect offenders and endanger the rest of us.

If you’ve ever wondered why we’ve got such a huge problem with auto-theft in the Albuquerque area the answer is simple – APD is not allowed to pursue a criminal that is fleeing in a stolen vehicle. The result is predictable, somewhere around 600 vehicles are stolen every month. More importantly, criminals know about the policy. So what do you think they do when an officer attempts to pull them over… what would you do?
(End Sidebar)

Perhaps Romero's worst choice and biggest mistake was to try and steal from a man who had the training and the determination to protect his property and his family. His last choice was to try and flee from justice and the detention that he rightly deserved.

Now take a look at the actions of Romero's victim. Yes, victim. There's no other way to describe a man who will be serving a two year prison sentence for making sure that Romero would never pose a threat to society again. Remember, Romero is dead today because he chose to flee from justice – that choice cost him his life.

From all accounts Richard made every attempt to take Romero into custody – repeatedly ordering Romero to stop and lay on the ground. If Richard had simply wanted to execute Romero it would have been far simpler to shoot him in his yard. Richard chose to protect his property, he chose to protect his family, and ultimately he chose to protect the rest of us.

There were other choices along the way... The DA chose to prosecute, the defense chose to enter a no contest plea, and the judge chose to sentence Richard to two years in prison and order him to pay the family $500 a month.

This is where we believe Judge Murdoch erred. The admission of guilt inherent to the no contest plea gave the judge a tremendous amount of discretion. Unlike Romero, Richard chose to remain at the scene, he chose to enter a plea accepting the consequences under the law, and he chose to face a judge without remorse, accepting the consequences of his actions.

(Sidebar)
Is it just us or does it seem strange to pay the family of the deceased (not victim) $500 a month for five years when they're at least partially responsible for the choices that Romero made? It's kind of like life insurance for thieves designed to replace the income lost from their ill-gotten gain. Talk about theft - Richard kept his Bronco and thanks to Judge Murdoch now has to pay the family of a thief enough to buy them one.
(End Sidebar)

Now Governor Bill Richardson faces a choice. Whether or not commute the sentence of a Marine whose only crime is serving justice by attempting to detain for prosecution a convicted criminal. We think the choice is an easy one. Commute the sentence to time served and drop the AFLAC for felons provision. Crime shouldn’t pay - not for the criminal not for the criminal’s family.

It's too bad that Romero ended up dead. But the truth is Romero's record of armed robbery indicated that his fate would more than likely have been the same even if he'd faced a less competent adversary. More importantly, it's hard to predict how many innocent victims Romero would have created along the way and how many bodies might have been left in his wake.

As a society we need to take a very long hard look at the laws governing administration of justice by civilians. We as a people have a right and a duty to do everything within our power to protect our families and our property from people who would take them from us unlawfully. If we truly want to be safe, we need to take part in our own protection. The Constitution guarantees us that right and there’s little doubt that the founding fathers intended that we play a role and take responsibility for our own safety.

In the meantime, we need to address the immediate concern of Elton John Richard II. Under the law he may be guilty of a crime (and has admitted as much), but to us he's a hero that made all of us just a little bit safer.

----- Post Script -----
We've seen a couple of references to the lack of remorse that Richard showed at his sentencing. Why should this be an issue at his sentencing? It seems to us that Mr. Richard faced his sentencing in the same manner as he faced a felon attempting to steal his property and flee... with clarity of thought and without emotion. Otherwise, Mr. Richard would have simply shot the offender in his yard and avoided a mile and a quarter run.

You need to ask yourself whether or not a police officer involved in the exact same sequence of events would be required to feel remorse. First of all, he would have never been prosecuted, but should he have felt remorse anyway? We'd say absolutely not.

Remember, there's right and wrong and then there's the law and they don't always overlap. Mr. Richard may have been guilty under the law but in our opinion, his actions were not wrong and completely justified. We applaud Mr. Richard for facing his sentence without pretense and without a false display of emotion even knowing that such a display would more than likely have reduced his sentence. That takes courage and the conviction that you did everything right and shouldn't be held against him.

The executive powers of pardon, clemency, and commutation were meant for cases like this. The founding fathers understood that the law is not always applicable and created a safety valve to be used by executives to right a wrong in specific cases where the law cannot or should not apply. Governor Richardson wields that power here in New Mexico - he should use it to right the wrong perpetrated by the courts in the name of a law that should not have been applied.