DA Anne Marie Schubert Exposes Early Releases of Dangerous Inmates
In 2015, Sacramento District Attorney Anne Marie Schubert began opposing and publicizing the early release of so-called “non-violent second-strike felons.” Under California law, “non-violent” felonies include domestic violence, rape of an unconscious person, human trafficking, and assault with a deadly weapon. “Second strike” refers to an inmate who was previously convicted of a serious or violent felony.
DA Schubert opposed a number of these early releases, noting that after criminal realignment (AB 109) only individuals with a current serious and violent criminal conviction were sent to prison and housed at the California Department of Corrections and Rehabilitation (CDCR).
In May 2021, the Sacramento District Attorney’s Office submitted a California Public Records Act (PRA) request to CDCR. Pursuant to the PRA request, CDCR produced a list of inmates sentenced from Sacramento County and released from January 2019 to May 17, 2021.
There were 4,070 inmates sentenced from Sacramento County released from CDCR custody during that time frame. More than 1,300 served less than half of their sentence.
CDCR recently passed so-called “emergency” regulations that allowed for additional credits to be awarded to serious and violent felons, including credits that are not based upon completing any rehabilitation programs. The information gained by the PRA chronicled individuals released before the passage of the additional so-called emergency credits. Those credits will now result in even more early releases.
A recent U.S. Department of Justice study found an alarming 71% recidivism rate amongst prison releases across 34 states, including California (See U.S. Department of Justice Study). DA Schubert will soon highlight several inmates who were released early from prison and have been rearrested – including arrests for murder, assault with a deadly weapon, robbery, felony domestic violence and hit-and-run with death or injury.
Concerns over these releases is why DA Schubert and 44 other elected District Attorneys throughout California joined together to file suit against CDCR to oppose the additional so-called “emergency” credits.
Below is a small sample of egregious cases in which individuals were released from prison for serious and violent offenses after serving only fractions of their sentences.
LAWRENCE PELA (CASE #07F05487)
In June of 2009, a jury convicted Lawrence Pela of 11 counts of robbery and made 11 separate findings that Pela personally used a firearm in each one of those robberies.
The robbery convictions involved similar fact patterns- Pela went into several Game Stops and Circle Ks wearing a ski mask and holding a gun. He demanded money of the clerks (often teenagers) while pointing the gun at the victims and threatening to kill them. Pela robbed these victims of thousands of dollars of property and money, predominantly cash and video game systems. During two of the robberies, children were present to witness these violent crimes. A witness described Pela pointing a gun at the children. Pela was ultimately caught by police using a tracker attached to stolen money taken in one of the robberies. When Pela was caught by police, he had a loaded firearm in his possession.
In November of 2009, Pela was sentenced to 46 years and 8 months in state prison by the trial court judge. However, the California Department of Corrections and Rehabilitation (CDCR) released Pela after serving only 12 years and 1 month of that 46-year and 8-month sentence. This represents 26% of his actual sentence. Opposition Letter
CHADERICK INGRAM (CASE #14F03896)
In July of 2015, a jury convicted Chaderick Ingram of felony pimping and pandering by fraud or duress and felony unlawfully violating the personal liberty of another.
In June of 2014, Ingram kidnapped the victim. He dragged her into a car, punched and slapped her. Ingram took her to a hotel room and demanded that she work as a sex worker. When she refused to work, Ingram violently assaulted her until she agreed. She was forced to walk the streets looking for “dates” and was advertised on the internet. Ingram took her keys, credit card, and cell phone to prevent the victim from escaping. The victim reported that she was held against her will for 2 days with another woman. The victim was never left alone until she finally escaped from a hotel room to call police.
In August of 2015, Ingram was sentenced to 14 years in state prison by the trial court judge. However, the California Department of Corrections and Rehabilitation (CDCR) released Ingram after serving only 6 years and 9 months of that 14-year sentence. This represents 48% of his actual sentence.
THOMAS RUMPH (CASE #15F01718)
In July of 2015, a jury convicted Thomas Rumph of felony domestic violence and assault by means of force likely to produce great bodily injury.
In March of 2015, Rumph assaulted a woman by kicking her when she was on the ground in the fetal position, including in her face. The victim suffered a broken nose and injuries to her eye and mouth. At the time of the assault, the victim had a domestic violence restraining order against Rumph, who had already been convicted of multiple domestic violence charges against this victim. In 2014, Rumph punched the victim in the face with a closed fist and threw her to the ground. While on the ground, he kicked her and said, “You are my bitch.” He then grabbed her by the hair and dragged her to the garage, ignoring her pleas for him to stop. Two months later, Rumph grabbed the victim by her hair, pulled her to the ground and kicked her on her lower back. He then grabbed the victim by her face and told her “I’m going to pull your eye out.” Rumph has a long history of domestic violence as well as three prior prison commitments.
In August of 2015, Rumph was sentenced to 12 years in state prison by the trial court judge. However, the California Department of Corrections and Rehabilitation (CDCR) released Ingram after serving only 5 years and 3 months of that 12-year sentence. This represents 44% of his actual sentence.
GEORGE WILSON (CASE #04F01376)
In April of 2007, a jury convicted George Wilson of felony domestic violence and two counts of assault with a deadly weapon. Three prior strike convictions were also found true for murder in 1976, robbery with a firearm in 1979 and robbery in 1993.
In January of 2004, the victim awakened to Wilson stabbing her with a knife. The victim had stab wounds to her shoulder, wrist and abdomen. The victim’s 14-year-old daughter awoke to her mother screaming for help. When the daughter entered the victim’s bedroom, she saw Wilson hit the victim with a lamp. The victim was screaming for Wilson to stop. In response, Wilson said, “no you deserve it.” The daughter then called 911 and Wilson fled the scene. Wilson was on the run from law enforcement for nearly 2 ½ years before being arrested. Wilson’s criminal history spans decades, including convictions for murder, robbery with a firearm, burglary, vehicle thefts and multiple DUIs.
In February of 2008, Wilson was sentenced to 40 years to life in state prison by the trial court judge. However, the California Department of Corrections and Rehabilitation (CDCR) released Wilson after serving only 13 years and 9 months of that 40-year-to-life sentence. This represents 35% of his minimum 40-life sentence. Opposition Letter
VADIM ZAKHARCHENKO (CASE #06F05815)
In December of 2008, a jury convicted Vadim Zakharchenko of 13 counts, including first-degree residential burglary, robbery, carjacking, making terrorist threats, false imprisonment and dissuading a witness from testifying. The jury also found true that Zakharchenko personally used a gun during these crimes.
In May of 2006, Vadim Zakharchenko planned and carried out three separate brazen and violent home invasion robberies in Sacramento and Placer County involving elderly and teenage victims. During these home invasions, Zakharchenko used a gun, pointing it at the victim’s face, threatening to kill them if they didn’t comply. He wore a ski mask during these attacks and used extraordinary violence to subdue his victims, causing injuries. Zakharchenko used duct tape or other bindings to tie up victims’ hands, arms and feet. He also selected victims because of their age and vulnerability, including choosing victims he knew previously.
In January of 2009, Zakharchenko was sentenced to 50 years and 4 months in state prison by the trial court judge. However, the California Department of Corrections and Rehabilitation (CDCR) released Zakharchenko after serving only 14 years of that 50-year and 4-month sentence. This represents 28% of his actual sentence.
LARRY BAILEY (CASE #13F08374)
In April of 2014, a jury convicted Larry Bailey of assault with a deadly weapon and hit- and-run with death or injury.
In December of 2013, Bailey ran over a homeless man with his truck in a Sears parking lot after the two got into an argument. The victim suffered broken ribs. Bailey’s criminal history spans decades, including convictions for assault with a deadly weapon, robbery, being a felon in possession of a firearm, first-degree burglary and vehicle theft.
In June of 2014, Bailey was sentenced to 28 years in state prison by the trial court judge. However, the California Department of Corrections and Rehabilitation (CDCR) released Bailey after serving only 7 years and 4 months of that 28-year sentence. This represents 26% of his actual sentence. Opposition Letter
SAMUEL ARCINIEGA (CASE #05F05419)
In September of 2007, a jury convicted Samuel Arciniega of 8 counts including forcible rape, assault with a deadly weapon, molestation of a child under age 18 and false imprisonment.
In June of 2005, Samuel Arciniega violently raped his friend. The victim was visiting Arciniega when he told the victim to give him a private dance. When she refused and tried to leave the room, Arciniega began his attack. He put both of his hands around the victim’s neck and began strangling her, pushing his thumbs deep into her neck. As Arciniega was choking the victim, he lifted her up off the ground. The victim began screaming and crying. Arciniega yanked the victim’s head around by the hair and told her if she didn’t do what he wanted that he would tie her up. Arciniega slammed the victim’s face three times on the corner of the hardwood floor and repeatedly hit the victim’s head on the wall. Arciniega grabbed the victim by her hair and then grabbed her neck with both hands and pushed his thumbs into her throat again before violently and forcibly raping her. The victim suffered several injuries.
In May of 2006, a second (15-year-old female) victim went to Arciniega’s residence under the pretense of picking up work permit paperwork. Arciniega pinned the victim down on the couch and began sexually assaulting her. He refused to let the victim leave. The victim kicked Arciniega and forced him off of her and was able to flee his residence.
In November of 2007, Arciniega was sentenced to 29 years in state prison by the trial court judge. However, the California Department of Corrections and Rehabilitation (CDCR) released Arciniega after serving only 14 years and 2 months of that 29-year sentence. This represents 49% of his actual sentence. Opposition Letter
TYRICE WHITFIELD (CASE #15F01292)
In August of 2015, a jury convicted Tyrice Whitfield of 10 counts of identity theft and possession of narcotics.
In December of 2014, Whitfield broke into the victim’s car and stole documents containing the victim’s bank and social security information. Whitfield then attempted to open multiple lines of credit at various department stores and credit card companies in the victim’s name.
Whitfield’s criminal history goes as far back as 2006, including multiple convictions for identity theft, vehicle theft, burglary and receiving stolen property.
In October of 2015, Whitfield was sentenced to 18 years in state prison by the trial court judge. However, the California Department of Corrections and Rehabilitation (CDCR) released Whitfield after only serving 5 years and 2 months of that 18-year sentence. This represents 36% of his actual sentence. Opposition Letter