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Racine man gets 16 years for break-in, killing

By ASSOCIATED PRESS   Thursday, February 26, 2009 - 10:57 a.m.
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RACINE, Wis. (AP) — A 20-year-old Racine man has been sentenced to 16 years in prison in a home robbery and fatal shooting.

Xavier Johnson is one of six people convicted in the August 2007 death of 28-year-old Antonio Strong. Prosecutors say the men broke into Strong's apartment, took $6,000 in cash and fatally shot Strong.

Three other men have already been sentenced. Twenty-year-old Jonathan Bogan is serving 10 years in prison, while 20-year-old Ryan R. King and 21-year-old Andre Hansbrough are serving 30-year sentences.

Twenty-nine-year-old Jarrod Alston and 19-year-old Chevele Lyons await sentencing.

Judge Charles Constantine also sentenced Johnson on Tuesday to 13 years of extended supervision on a reduced charge of felony murder.




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(19)
wondering
Feb 27, 2009 at 3:35 p.m.
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janesvillean – Thanks for the information. Now knowing that the felony murder intensifier can be up to 15 additional years, it makes me curious to know what the disposition of the crimes will end up being. I am thinking that the plea agreement was very handsome, with the severity of the crimes lowered significantly or some dismissed all together. I know the DA is one the persons that would have to approve the early release petition and if I recall correctly it has to be unanimous for it to happen. I hope the family of the victim got some type of assurance from the DA that he/she would never sign-off on such a request after arranging a plea bargain.

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My hat is off to Judge Constantine. It is good to see a judge give more of a sentence, 16/13, then recommended by the state, 10/10, as shown in The Journal Times article janesvillean gave us the link for. I am thinking the pre-sentence investigation was a good one.

janesvillean
Feb 27, 2009 at 11:31 a.m.
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I wouldn't worry about it too much. As many as nine states are on the verge of abolishing the death penalty, partly because it costs three times as much to litigate a death penalty case to conclusion as it does for life imprisonment. (That pesky constitution.)
http://contexts.org/graphicsociology/200...
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Also, the sheer numbers of DNA exonerations *off death rows* -- as many as one in seven nationally -- show that the process is inherently flawed. Many of those released were convicted on the basis of perjured testimony.
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It's on its way out -- an historical curiosity.
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Anyway, why is this even being discussed here? This crime would not call for the death penalty in any state.

Hawk09
Feb 27, 2009 at 9:36 a.m.
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joeflint - my thoughts exactly. Thank you for being rational.
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I agree that murder is brutal, and those who are guilty should be appropriately penalized, but death right away? Without an appeal process? I bet you wouldn't be so eager to flip the switch if you were the one wrongly convicted and facing the death penalty. Look at it from more than just one angle.

joeflint
Feb 27, 2009 at 5:33 a.m.
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Three very serious questions for proponents of immediate death sentences:

1. Some countries already enact immediate sentencing yet there is a very poor correlation with reduction of criminal activity. I posit that many who commit crimes believe they will not be caught.

2. Immediate sentencing precludes the ability to later release someone wrongly convicted. If you believe the criminal justice system is perfect, you should probably pick up a book on the subject.

3. "Eye for an eye, tooth for a tooth" was a judicial system established ca. 1760 BC and is considered Old Testament justice. If this is a nation founded, as so many claim, on Judeo-Christian ideals, should we not look to the New Testament and in particular legal codes such as those promulgated by Justinian ca. 530 AD or even those of the Midrash?

janesvillean
Feb 27, 2009 at 3:06 a.m.
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There was only one trial (Hansbrough), the others were pleas. King was responsible for kidnapping the only witness and holding her at gunpoint, while the others were all together in the room where the killing took place. It depends on a lot of factors, though.
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Felony murder is not actually a classed felony itself. It's one of the few intensifiers remaining from truth-in-sentencing reform beginning in 1997 -- 15 years on top of whatever the underlying crime was. From what I understand a Class C (armed robbery) conviction allows for a release petition after 85% of the sentence is served (that's a petition which must be approved). Today we have extended supervision in place of parole and you can see it right in the sentencing how much longer that lasts. (It is not shortened by an early release, it begins when the sentence would have originally completed.)
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Note that the DA also agrees to a plea deal. It isn't a freebie.

tater
Feb 26, 2009 at 9:02 p.m.
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Since there were six people involved in the break-in, they were all responsible for any acts that followed. But some, likely, have received more blame than others. There were two that received 30-year sentences. Maybe they were the shooters and not the person in this story.

wondering
Feb 26, 2009 at 8:57 p.m.
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janesvillean - do you know how the truth-in-sentencing plays into a felony-u, which I believe felony murder is, sentence?

observer69
Feb 26, 2009 at 8:25 p.m.
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good point jacko! I like your thinking!

Shopierehuh
Feb 26, 2009 at 8:01 p.m.
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Some scumballs killed another scumball. Nothing to see here, move along.

jacko1
Feb 26, 2009 at 5:53 p.m.
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If Antonio Strong was guilty of sexual assault of a child among other violent crimes. I think 16 years is way to long a sentence by ridding the world of a violent criminal. The six men should be commended for doing what the police should have done

Badgerlvr
Feb 26, 2009 at 5:16 p.m.
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Nutty--I'll flip you for the right to pull the switch.

Badgerlvr
Feb 26, 2009 at 5:05 p.m.
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If he gets out early, his lawyer should be made to serve the remainder of his client's sentence. Maybe then, we'll get some justice for the victim.

janesvillean
Feb 26, 2009 at 4:49 p.m.
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He is getting 16 years because that is the amount of time in the plea agreement. (That this was a plea isn't stated in this story.) The plea was not to first-degree intentional homicide but to felony murder.
http://www.journaltimes.com/articles/200...

olivialyn
Feb 26, 2009 at 3:51 p.m.
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Why is he only getting 16 years? Is that all you get when you kill someone..

Badgerlvr
Feb 26, 2009 at 2:38 p.m.
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nutty--I'll support you for public office. Sixteen years in prison for murder is ridiculous. If he's a model prisoner, he'll be out before he's done seven. That sentence really devalues life and I hope the judge doesn't ever have to go through what the victim's family went through. We need to put some teeth into our laws. Rehabilitation...HA!

SarahB
Feb 26, 2009 at 12:20 p.m.
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Seems like a light sentence to me.

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