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Pre-sentencing

Interview with Ron, Candice and Cliff

JM: Tell us about the pre-sentencing process:
Ron: I was in a car wreck. I was drinking beer earlier that afternoon and later on that afternoon I got in my truckd... I'm diabetic. I had an insulin reaction on the interstate and had traces of alcohol in my system. I killed two people as a result of the wreck. After a month the prosecutor decided to prosecute with negligent homicide. I was notified of a warrant via friends who had seen it on the news. I contacted my lawyer, who verified there was a warrant issued for my arrest. At that point he called the deputy prosecutor. They negotiated a time for me to come surrender at court where I pleaded innocent. This is the first time I had ever been in trouble. My bond to be $15,000. I was taken and processed into Pulaski County Jail, and they held me in the holding cell at the jail until the bond agent arrived and processed me out. I had to pay a bond agent $1500. A court date was set and my lawyer set a time to negotiate with the prosecuting attorney. I decided to take a plea agreement which meant I plead guilty on March 6, 2009. I was sentenced to 8 years in the Arkansas Department of Corrections. At that point I was taken into custody at court, and transferred to Pulaski County Jail. I waited there for 3 months while waiting to go to the prison. Was booked on March 6, 2009 and transferred to prison intake in Pine Bluff AK on June 3, 2009.
Candice: You get booked in and finger printed.. then you get your picture taken and given information on whether or not you will be able to bond out . If you are not able to make bond then you will be transfered to your housing unit until you go to court
Cliff: i would talk to a probation officer from the federal building and he would ask me about my prior crimminal history, my background, my high sschool education, my family, college education and things like that and then he would talk to the judge about it so they'd come to my sentence

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Ron: I turned myself in at the courthouse.
Candice: I got pulled over by the police for speeding and when he ran my information it came back that I had a warrant for numerous charges in little rock and one charge in new boston texas. I was then taken into custody and transferred to the pulaski county jail while I waited to go to court
Cliff: yes but i wasn't home and when i was told of it i went and turned myself in to the police department to get everything straighten out. i was told by my friends, my baby momma that the police was looking for me. they did'nt know what it was about and when i found out i turned myself in

JM: What was court like? Please give as many details as you recall.
Ron: I felt like the deputy prosecutor had the whole picture as far as my background, but did not share this with the media. I had never missed a day of work, never had any criminal charges, and the diabetes was a known factor in my accident. My blood sugar was 18 as opposed to the normal of between 80-120. The news and Mother Against Drunk Driving painted it as me being an out of control alcoholic. I felt like half of that was true but felt like a nasty picture was painted of me. It was a real hard time for two families, both mine and the victims. My family had a very hard time. My father has been a pastor and is a governor appointed member of the Juvenile Justice Commission. A MADD representatives came into court wearing a shirt with my name and a sign that said "Michael Flesher is convicted of negligent homocide". The whole picture was not released to the media. I felt like the deputy prosecutor should have given out the whole story rather than just the one fact that I had alcohol in my system. The problem that I have is that after 1994, the Arkansas Parole Board was given absolute power regarding various charges. That means that any crime that involves a victim. My attorney advised me that if I was under a Class C felony, that I would make parole. I thought I would be able to make parole in 16 months. This was an absolute falsehood. As I got to know other people that had the similar crime I had, they didn't have any mitigating circumstances like I did. I feel like this is something the judges and the attorneys know but don't share with the defendants as they are negotiating sentencing. I don't think the deputy prosecutor was forthcoming about the reality of this. I felt like I wasn't given the real information to make an informed decision.
Candice: The court process is basically you wake up in the morning and they call your name to take you to court then you are taken down to the holding area until you are put on the van to be transported to court. Once you arrive at court you are placed in another holding cell until its time for you to go in front of the judge. Then he decides whether you will remain in jail or be released
Cliff: well i was taken to the federal building, place in a cell to talk with the probation officer. went in front of the judge and let the probation officer talked to the judge and then the judge gave me my sentence, and i was taken back to the federal holding cell

JM: What were your original charges? What did you end up being convicted of?
Ron: Negligent Homicide X2 charged and convicted.
Candice: I was charged and convicted of forgery, theft of property, and fraudulent use of a credit card
Cliff: entering a bank with the intention to rob

Read about sentencing in the Pulaski County Jail