Earlier this month we saw something we’d thought we’d never see in Clay County District Court: a repeat violent offender who should have gone to prison instead walked out of the courtroom scott free.
District Judge John Bosch stated reasons for departing from the presumptive prison sentence was because the defendant, George Newell Jr., has a substance abuse problem but used his time since his release from jail on bond to successfully complete in-patient drug treatment and to get into a sober living program, where he is apparently doing quite well.
We’ve noticed that it has been a pattern that when an offender has a history of substance abuse, Judge Bosch will depart from the presumptive prison sentence and place them on probation with a requirement to complete drug treatment instead. While we don’t disagree that when a crime involves drugs, drug treatment is usually a better option than going to prison, there are some crimes that are so heinous that putting them in prison is the only option.
Newell received immediate probation on Jan. 12 in sentencing for aggravated battery for hitting a wheelchair-bound man in the face while in verbal altercation with him. If we aren’t sending people to prison for doing that, then just what are we sending them to prison for?
Newell told officers that he had hit the victim, who he claimed to be his friend, in the face because he was in fear of safety when the victim had threatened to shoot him with a gun. However, officers did not find a gun. When that argument didn’t work, Newell blamed his addiction.
This isn’t Newell’s first violent offense, nor is it the first time he’s been in prison. In 2009, he was convicted of aggravated battery, for which he was placed on immediate probation. Since then, his rap sheet – 20 offenses in all – has included battery, conspiracy to commit battery, disorderly conduct, violating a protective order and a slew of drug offenses, including distribution.Â
In 2015, he was sent to prison for criminal threat in a case where the other charges that were dismissed as part of the plea deal included kidnapping, aggravated battery, aggravated endangerment of a child and two counts of domestic battery. His last stint in prison in 2018 included felony drug charges, one of which he pleaded to, and conspiracy to commit burglary, which was dismissed.
Above everything else, a judge should factor in public safety in determining whether to send someone to prison. Letting a violent offender off the hook does not protect the public from this violent offender, particularly one who has done it so many times before. At some point, and sooner rather than later, we must hold such offenders accountable for their actions.
Even if prison doesn’t work.
We sincerely hope and pray that County Attorney Joel Mason will appeal this outrageous decision. If Judge Bosch isn’t willing to send violent offenders to prison, then we ask that he resign from his position.
Circulation manger Tricia York can be reached at Dispatchcirculation@gmail.com or by calling (785) 632-2127. Billing questions cn directed to CCDispatchbilling@gmail.com.
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