View Full Version : Violent offender? (Is my son one?)

10-26-2003, 03:47 AM
The courts said what my son did was a violent crime. I always thought of a violent crime as something that someone did intentionally. This is my story and I hate it that my son has to serve 90% of his sentence because they consider it a violent crime. This is my story.....
My name is Barbara and my son is James. We live in Douglasville Ga. I am a nurse. James is in Augusta State Medical Prison. He was just shipped there on August 7th, 2002. James has a Severe Traumatic Brain Injury (TBI) from his accident on July 27th, 2002. James, his sister had left the house around 8 in the morning to take his two best friends home. On the way, one of other boys talked James into going to his managers house for a minute. When they got there the manager (a woman in her 30's) gave two of the boys alcohol (these boys were 18 and 16). One being my son. On the way home about an hour later the car hit a pot hole, the car went off the road, down and embankment, hit a drain pipe and went airborn. The car wrapped around a telephone pole and the passenger was killed. Thats why James is in prison now. James was driving. They pulled him out dead also, but brought him back to life. My daughter had retograde amnesia and the other boy had to have surgery on his arm. James spent a month in a coma, then went to Scottish Rite of Atlanta for several weeks. He was in day therapy and was evaluated to go into a nursing home for brain injured people for the rest of his therapy. They arrested him on the day that the evaluation was made. The legal guardian of the boy that was killed and the mother of the boy that had his arm injured (she is the same person) went to court and helped me fight for my son. We come from a hick backward town and of course although my sons only record was a fight when he was 17 with his brother who was 16 (which is a normal thing, I think) was sentenced to 31 years in prison. I am new to this group and I hope that someone will be able to help me manuver through this site and be able to utilize it to its fullest. I am having a hard time dealing with all of this. My husband and other 4 children won't go to counseling which I think we all need, so I am finding my own support on the computer. I would also like to help others with their stress if I am able. Please feel free to email me if you have any help suggestions on how to use this site or just feel like making and new friend and talking. I also have a good ear. Thank everyone for listening.
Dooes this sound like a violent crime? It just doesn't make sense to me.

10-26-2003, 09:09 AM
Well, it sounds like an accident to me, not violence. But I guess you have to deal with what's dealt you. They probably classed it as a violent crime to get a stiffer penalty, but your son's injuries are punishment enough, in my opinion. My heart goes out to you and your son, but I'm glad they put him into a medical facility at least. That's probably better than if he were put into a regular prison.

I'm glad you're here with us.

10-27-2003, 11:55 AM
Welcome, Barbara,
I'm so sorry about what happened to your family. It does not seem fair to me that your son's crime was classified as violent. Tough break. You'll find lots of love and support here.

10-27-2003, 03:47 PM
I'm glad you found us Barbara. I'm sorry for what you are going through. It truly sounds like an accident. I'm so afraid my son will do something like this. My thoughts and prayers are with you and your son.

Even though your wounds are still fresh you offer your help to others. May God Bless you in your time of need.

We are all here for you if you need us.

10-28-2003, 09:14 PM
My god in heaven.. It's obvious to me a horrible injustice has occured here. Are you appealing this case. Where are we when
rapists go free and our children are locked up for accidents.
We are glad to have you aboard.. love in my prayers

10-29-2003, 05:13 PM
Thank you. Yes we are appealing, but I still have 3500 left to pay of the 14,000 dollar retainer. I figure they aren't going to do anything until he is paid off. He has told me that he hasn't even received the trial transcript yet and I paid 2500.00 for a copy of that last June. Yep, we are still waiting. Someone told me that they only have a certain amount of time to get the transcript to the lawyer after it has been paid for or it could go for the best reguarding the appeal. They are supposed to have a time limit too. Just like we only had 30 days to appeal the case. I was so stressed over getting an attorney, so I think it is only fair for them to have a limit on getting it to the attorney after the payment is made. I am not sure about all of that though. This is just something that I have heard. Getting ahold of an attorney when they have no new for you is next to impossible. I would email him, but he uses outlook express and for some reason mine won't send the message. I made it work once though and he did answer the email right away, but as for a phone call, well, thats next to impossible. If anyone knows anything about a time limit for getting the trail transcript to the lawyer let me know. Also, the lawyer said that the sentence reduction is a wast of time, because judges don't but once in a blue moon reduce another judges sentence. Is this something that has a time limit on it? and can I apply for it without the attorney? This whole thing is making me crazy!