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Offenders like McTear can slip through system

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By THOMAS BRENNAN

tbrennan@tampatrib.com

Published: May 6, 2009

Bobbi Flowers, a professor at the Stetson University College of Law, said small-time offenders with rap-sheets like Richard A. McTear's can present a problem to prosecutors and judges.

She said that with constantly shrinking resources, such offenders more frequently end up plea-bargaining for probation or other less-restrictive sentences.

"Plea bargaining will sometimes allow them to skate through the system," she said.

McTear, who in the past has been on probation for battery and drug charges, is accused of beating his ex-girlfriend, throwing then taking her son, then tossing him out of his vehicle onto Interstate 275.

Many such offenders commit a variety of crimes, Flower said. "It keeps them from falling to the repeat offender classification in the sentencing guidelines."

Wayne Logan, a professor at the Florida State University College of Law, said such offenders often don't commit the type of serious offense that gets them serious jail time.

"A lot of folks are just cycling in and out of the criminal justice system," he said. "It is a pretty common situation."

Flowers said prosecutors are always weighing whether a particular defendant is worthy of a break.

"They have to try to anticipate whether this is a guy or gal who has learned their lesson or are they the guy or gal who the next time is going to throw the baby out the window," she said. "It is difficult to anticipate future behavior."

Logan said the sheer number of offenders raises the bar for deciding who should get the limited cell space.

"You can't put everyone behind bars," he said.

Flowers also said domestic violence offenders present other problems. She said the victims in such case often waffle and it is difficult to prosecute with a reluctant or non-cooperating witness.

Flowers said domestic abusers also tend to pick out partners that are similar to their prior victims, perpetuating a similar cycle of violence.

Nikki Daniels, executive director of Tampa's Family Justice Center, said prosecutors should press forward in certain cases, even if the victim backs out.

"Clearly the victim has a clear idea how violent her abuser is," she said.

Daniels said such prosecutors are very difficult, but can be done.

She said domestic violence victims shouldn't be criticized when they fail to show up at injunction hearings or choosing not to seek such protection.

"It is just a piece of paper," she said. "It is more likely to make [the abuser] more angry and more abusive."

Daniels said injunctions work with people who respect the law, but are fairly useless against those who don't.

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