Dear friends,
Husband and father of three, Willie Nash, was booked into the Newton County Jail in Mississippi on a misdemeanor. But that was only the beginning of his bad luck. The guards failed to follow proper intake procedures, which left Nash holding his phone. When it ran out of battery, he handed it to the guard and kindly asked him to charge it while he waited in his cell.
The guard didn't confiscate the phone and leave it at that. Instead, he went straight to a sheriff's deputy and alerted him of Nash's "offense." In reality, it was the jailers' offense because they had failed to check him for a cell phone, nor had they let Nash know that such items weren't allowed inside the jail.
Nash was promptly charged with having an unauthorized electronic device behind bars, which under Mississippi Code Section 47-5-193 is considered a felony and can carry a sentence of up to 15 years. The judge gave Nash 12 years and just like that, not only Nash, but his wife and children's lives changed forever.
Nash appealed the incredibly harsh sentence. He said 12 years was tantamount to cruel and unusual punishment — WHICH IT IS — and asked the Mississippi Supreme Court to shorten his sentence to a more reasonable time. Unfortunately, the Supreme court ruled in favor of the lower court because the 12-year sentence was within the "statutory range" of 3 to 15 years.
No one should have to serve 12 years behind bars for a mistake, and certainly not a mistake on the part of law enforcement. Considering Mississippi's prisons are some of the most dangerous and run-down in the country, the state should be working towards fixing that issue rather than stuffing more people in lock-up.
Thank you,
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Andrew M. The Care2 Petitions Team
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