Another Victory in the War on Drugs

[rpm]

source

D.C. Jail Stay Ends in Death For Quadriplegic Md. Man
Care Provided by Hospital, Corrections Dept. in Question

By Henri E. Cauvin
Washington Post Staff Writer
Friday, October 1, 2004; Page B01

Jonathan Magbie, a 27-year-old Mitchellville man, was sent to jail in the District last week for 10 days for marijuana possession.

He never made it home.

Paralyzed as a child and unable to even breathe on his own, Magbie died last Friday after being shuttled between the D.C. jail complex and Greater Southeast Community Hospital.

At the center of the many questions surrounding his death is whether D.C. Superior Court and the D.C. Department of Corrections did enough to ensure adequate care for the quadriplegic inmate.

An investigation is underway, but that is little solace to his family, which marched on the courthouse this week with signs accusing the judge of killing Magbie.

"I'm not saying that he shouldn't have been punished, because he did smoke the marijuana," his mother, Mary Scott, said yesterday, a day after burying her son. "I just don't think it should have cost him his life."

By the standards of D.C. Superior Court, the 10-day sentence rendered by Judge Judith E. Retchin was unusually punitive for a first-time offender such as Magbie. Along with his defense attorney, Boniface Cobbina, a pre-sentence report had recommended probation, and the U.S. attorney's office had not objected.

But Retchin rejected probation alone. A former federal prosecutor who became a Superior Court judge in 1992, Retchin is known to dispense stiff sentences.

Police, she pointed out, found a gun and cocaine in the vehicle in which Magbie was stopped in April 2003. And, despite pleading guilty to the marijuana charge, Magbie told pre-sentence investigators that he would continue using the drug, which he said made him feel better.

"Mr. Magbie, I'm not giving you straight probation," the judge said, according to a transcript of the Sept. 20 proceedings. "Although you did not plead guilty to having this gun, it is just unacceptable to be riding around in a car with a loaded gun in this city."

Details about Magbie's death were first reported by WJLA-TV. Magbie was struck by a drunk driver when he was 4 years old; he was paralyzed from the neck down, and his growth was stunted. Barely five feet tall and 120 pounds, he moved around on a motorized wheelchair that he operated with his chin.

In a statement yesterday, Retchin said she was led to believe "that Mr. Magbie's medical needs could be met; this was such an unintended tragedy. I would like to convey my deepest sympathy to Mr. Magbie's family."

Even the Correctional Treatment Facility, a jail annex that houses many inmates with medical or security needs, would not have been able to readily care for a prisoner such as Magbie, Philip Fornaci, executive director of the D.C. Prisoners' Legal Services Project, said yesterday.

"I certainly would not say they killed him or any conclusion like that," Fornaci said. "But it certainly seems likely that he wouldn't have died if he hadn't gone to jail."

There are so many things wrong here, it's hard to pick a starting point. While there was a gun found in the car, and that appears to be the Judges motivation, did she honestly believe the gun belonged to a quadriplegic and he was a threat to public safety? My guess is the fact he smoked marijuana for medicinal purposes and was unrepentant was her driving force. That and a "tough on dopers" sentencing record to brag about during elections.

[TheDudeDVant]

Terrible story but ya I think we can all agree the gun was probably not his.. Its hard for me too understand the self rightous motivation that made the judge hand down such a worthless sentence. Keep in mind this happening during a time of pro football players having thier jail time  pushed forward till after the season..

!amazed

[Gunslinger]

Police, she pointed out, found a gun and cocaine in the vehicle in which Magbie was stopped in April 2003. And, despite pleading guilty to the marijuana charge, Magbie told pre-sentence investigators that he would continue using the drug, which he said made him feel better.

Maybe show a little remorse and sound judgment and you might have got off w/ a slap on the wrist.

Paralyzed or not he still broke the law.  Tards!

[rpm]

Sorry Gunslinger, I can't buy into that. Not in this case. The Judge was clearly pushing a private agenda.

By the standards of D.C. Superior Court, the 10-day sentence rendered by Judge Judith E. Retchin was unusually punitive for a first-time offender such as Magbie. Along with his defense attorney, Boniface Cobbina, a pre-sentence report had recommended probation, and the U.S. attorney's office had not objected.

But Retchin rejected probation alone. A former federal prosecutor who became a Superior Court judge in 1992, Retchin is known to dispense stiff sentences.

[Curval]

Such a fuss over some plants that have real medicinal benefits

[rpm]

Curval, there are no medical uses for marijuana. It's only use is to fund terrorism. The US government tells me so.

[Heater]

The Judge should be tried for manslauter, and hung out to dry!

[Curval]

Originally posted by rpm
Curval, there are no medical uses for marijuana. It's only use is to fund terrorism. The US government tells me so.

lol.

 

[GtoRA2]

I am with you on this one RPM.


She should be in the can herself, I thought when you pleade guilty to a lessor charge they can not bring up the other stuff as part of the deal?

on top of that how the hell is was this kid going to use a gun? It is scary sad this women is a judge.

[Maverick]

After reading the article it seems it wasn't the marijuanna that got him the jail time, it was the mere presence of a firearm in the vehicle. Funny the cocaine wasn't even mentioned by the judge. I could see the angle of cocaine would make things worse but it was the presence of a firearm that wigged out the judge. Since the guy was totally paralyzed and therefore unable to use the weapon, this is hardly relevant to the sentence handed out.

I'd be interested in knowing who the gun belongs to if this guy is incapable of using his arms and legs as per the article. BTW who drove the car???

Quote: "Mr. Magbie, I'm not giving you straight probation," the judge said, according to a transcript of the Sept. 20 proceedings. "Although you did not plead guilty to having this gun, it is just unacceptable to be riding around in a car with a loaded gun in this city."

[myelo]

Originally posted by GtoRA2
on top of that how the hell is was this kid going to use a gun?  

He can smoke marijuana and use cocaine but can't pull a trigger?

[Wotan]

Originally posted by myelo
He can smoke marijuana and use cocaine but can't pull a trigger?

Yeah and he can do all that while apparently not being able to breath on his own.

Sounds like a lot BS to me.

The guy copped a plea to the pot to avoid the gun/coke  charge expecting to get a slap on th wrist.

He only got 10 days, BFD. The article doesnt say what killed him. The Judge sure didn't. Everyone knows the problems DC has with drugs and guns. 10 days is nothing.

Anyone know what his cause of death was?

[GtoRA2]

myelo
 He drove the wheel chair with Chin movements cause he just couldnt be bothered to use his hands?


Did you read the artical?

Barely five feet tall and 120 pounds, he moved around on a motorized wheelchair that he operated with his chin.

Maybe He can pull the trigger with his chin?

[TheDudeDVant]

Maybe He can pull the trigger with his chin?

lol or his tonge perhaps??

[lasersailor184]

Man, i'm really wondering, how the **** did he do this?

Unfortunate that he died, **** happens.  

But how?!?!?