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Cop Killer |
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Manhattan Supreme Court Justice Patricia Nuñez, accessory after the fact. |
One of the New York judges who helped send a suspected cop killer to
rehab instead of jail five months ago said Friday that the deadly
shooting "breaks her heart" and that she is "truly sorry."
Manhattan Supreme Court Justice Patricia Nuñez
told The New York Post
that she will address the issue further at a Nov. 12 court date for the
suspect, Tyrone Howard. The paper reported that Howard was freed
despite a history of three felony sale convictions and the urging of
prosecutors in the drug case.
Officer Randolph Holder's killing Tuesday has raised questions about
the risks and potential shortcomings of drug courts, or drug diversion
programs, which have been embraced nationwide as a way to ease jail
overcrowding and reduce crime by attacking it at one of its sources:
drug abuse.
New York's mayor and police commissioner have branded Howard a career
criminal who had once been arrested in a 2009 gunfight on an East
Harlem basketball court and should not have been out on the streets.
"He would have been the last person in New York City I would've
wanted to see in the diversion program," Police Commissioner William
Bratton said.
Yet another judge who handled the case said Howard — a longtime PCP
user who despite his long rap sheet had no convictions for violent
crimes — was a compelling candidate for drug court.
"I don't get a crystal ball when I get the robe," said state Supreme
Court Justice Edward McLaughlin. He defended his decision as "accurate
and appropriate," saying that doing time hadn't helped Howard before.
"He would have been the last person in New York City I would've wanted to see in the diversion program"
- Police Commissioner William Bratton
He also said he was never made aware of the 2009 shooting case, which
records show ultimately wasn't prosecuted against Howard. A law
enforcement official who is familiar with the prosecution of the other
defendant in that shooting, and who wasn't authorized to discuss the
case publicly and spoke on condition of anonymity, said there was no
eyewitness testimony placing Howard as the shooter.
Since their start in Miami in 1989, drug diversion programs have
multiplied to 2,500 courts across the country, together handling about
120,000 cases a year, according to the federal National Office of Drug
Control Policy.
The agency calls the programs "a proven tool for improving public
health and public safety." President Obama mentioned them approvingly in
a July speech, saying such programs can save taxpayer dollars.
Drug courts generally target nonviolent offenders who commit crimes
to feed their addictions. The courts use treatment, drug testing,
incentives and penalties to try to get defendants sober and straightened
out.
"Drug courts are the most effective intervention in the justice
system for individuals with substance abuse histories," Carson Fox,
executive director of the National Association of Drug Court
Professionals, said Wednesday.
Studies have credited drug courts with reducing recidivism and
drug-use relapses. Some research estimates those reductions save society
more money than the treatment costs, though some studies have found the
opposite, according to a 2011 congressional report.
But some research has also found drug-court dropout rates of 60
percent, said David Lilley, a criminal justice professor at the
University of Toledo.
And some prosecutors and police fear diversion sometimes ends up
giving breaks to drug dealers who claim they're addicts to avoid prison.
"It's critically important that you get the right people" into drug
court, said Jim Pasco, executive director of the national Fraternal
Order of Police. "You're making life-changing decisions for the subject
and potentially life-threatening decisions for the public."
At 30, Howard has been arrested more than two dozen times since he
was 13 and sentenced to state prison twice since 2007 for drug
possession and sale. One term came after he tried unsuccessfully for
drug court in a 2011 case charging him with smoking PCP while carrying
22 bags of crack cocaine. Howard eventually pleaded guilty to drug
possession.
In October 2014, he was charged with selling crack to an undercover
officer. He was swept up as part of a larger drug case. Prosecutors
sought six years behind bars.
But after reviewing Howard's record, troubled home life and longtime
addiction, McLaughlin agreed to refer his case for evaluation for drug
court, where another judge OK'd Howard for the program.
McLaughlin said he didn't learn about the 2009 gunbattle until this
week. Howard was believed to have shot and wounded another man, Dan
Evans, according to court papers. Evans was eventually convicted in the
wounding of two bystanders, plus a 2006 murder.
The record doesn't explain why the case against Howard was dropped,
and the district attorney's office hasn't commented. But the law
enforcement official said no one identified Howard as a shooter except
Evans, the defendant.
After being approved for drug court, Howard was released on $35,000
bail in February and pleaded guilty to the drug charge in May.
He started missing monthly status meetings and various court dates in
August, then became a suspect in a Sept. 1 shooting. An arrest warrant
was issued Sept. 17, and police tried 10 times to locate him,
authorities said.
Then, on Tuesday, Holder and his partner caught up with him while
chasing after a bicycle thief, police said. Holder, 33, was shot in the
head; Howard was wounded in the leg as police returned fire.
Howard's lawyer, Brian Kennedy, has said there are "a lot of missing details" in the case.