Miami-Dade prosecutors fight to keep homeless man with schizophrenia locked up for 150 years
Homeless Extreme Injustice
*Note: I by NO means do I agree with the behaviors of this mentally ill man, what I am highlighting here is the two separate justice systems in this nation, but not accepting his possession of child porn, even though it was never proven that he downloaded or purchased it
Introduction
Now this is a touchy, tough, controversial subject, but one that needs to be addressed. Not for the subject that he went to jail for, for that alone is a reprehensible subject. But in this article what I want to look at are the cracks in the systems that he fell through and into jail for 150 years.
There is a lot to unpack outside of the crime that he committed, and words mean a lot and must be looked to understand what happened.
Let’s look at His word as we start today
Psalm 82: 3 to 4
Defend the weak and the fatherless, uphold the cause of the poor, and the oppressed. Rescue the weak and the needy, deliver them from the hand of the wicked
John 7: 24
Stop judging by mere appearances, but instead judge correctly
What say you…
What say you…
He committed a horrible crime, he is guilty, so he needs to be locked away, what if he dies in prison, his family ain’t around, so we must protect ourselves from those people
He got how many years, murders, and thieves don’t get that many years & what they do with proof is just as bad, they have little, so why must he die for being homeless, black, and mentally ill…
Gifted and Driven Until Illness Came
Very little is known about this man, Jared, prior to his story exploding on news media and international news. He was a college student and a wrestler for Arizona University. He was separated and estranged from his family. Then the next note we find is that he has dropped out of school and is homeless for several years.
Schizophrenia is a mental health disorder that hits young adults with disordered thinking, delusions, hearing voices, and other issues that destabilize them quickly. Although there are medications available, most who struggle through this illness refuse them due to the side effects and Jared is believed to be one of those. Also being homeless makes it hard to stay on and keep medications with you.
What Happened that Day
People with Schizophrenia have stable days and days that are far from stable. Without anyone wanting to admit to this fact in Jared’s case, I fully believe what happened in that Best Buy in Sweetwater FL was a Schizophrenic Break. He is both homeless and mentally ill, so he is known to the police, he has never been violent.
That day he ‘decided’ to go into Best Buy and his behavior was uncontrolled or out of control and he proceeded to commit robbery without force or weapons. Then suddenly when the police were on their way, he pulled out his computer and announced I “have” this material on my computer. How competent was he at this point? How did that material get onto his computer? Did he understand what was going on and what he was ‘watching’ or was part of a larger problem?”
Remember, we are not excusing his behavior, but we are trying to find why he was singled out for 150 years in prison for a crime that most get less than 25 years, racial or homeless basis involved in this situation. Also was he even mentally competent while he was acting out, being arrested, on without bond, and tried? If not then his rights were violated no matter how much we hate his crime and it was bad. Questions to think about, how did we get here, if he were not homeless, would the outcome have been different?
The Key Factor, “Have”
The word have means: Hold or maintain as a possession, use, own
Schizophrenic Break means: disordered thoughts, break, delusional thoughts, and reality
I have “that material,” but how did he get it, did he truly know what it was, how did it end on his computer, what was its origin, and the questions go on and on.
Not Denying what was reportedly found on his computer, but highlighting the injustice of being homeless, mentally ill, and racial minority, and without family. How did he get that material on his computer? He had been arrested many times before that had never been an issue.
Have, maintained as a possession, he could not even maintain himself in the condition in what he was found when arrested how could he maintain anything else, but again that was not investigated. Again, not looking to okay the ‘material’ that was on the computer, but highlighting the injustice of what happened to him, 150 years in prison, injustice.
Miscarriage of Justice, Racial/Situational Bias
Let’s start with some facts. Black, homeless, mentally ill, and with no family, unwilling/unable to help his defense team. Result, 150 years in jail. Any other race, not mentally ill, money and family, and the exact same crime, 1/3 of the time. That is what this article is all about, injustice. They have basically sentenced him to life in prison, yes there should have been jail time assessed, but not life. The article also states that he, “chose to fight his case in court,” but did he, they also stated that he refused to work with his defense counsel, which Is it?
When the trial route was decided on, he was ‘retaliated ‘on by the prosecution, upping the charges and asking for a longer sentence. Mentally incompetent and they have mentioned a mental health evaluation, but what was in that report, did it help or hurt him in this case?
How to Prevent a Judge Diaz Again
I am not attacking or going after a sitting, honorable judge, but after the system that would a judge to pass a sentence that is so disproportional to the state crime that it outdistances murders, robbers, and other violent offenders. The requested sentence was 21 years and without explanation given, she threw a sentence of 150 years and left the courtroom stunned. Life in prison for the ‘have’ without comprehending if he was competent or understood what he has said.
When I say, “how to prevent a Judge Diaz again,” what I am saying and asking is this, there was bias in this sentencing, how do we prevent this? He was acting out in court, he did not or could not work with his defense attorney, he was found incompetent for trial then suddenly he was competent, what was going on. What if he had money, was not homeless, had a family, what if, the average sentence is less than one-third of his sentence?
The outcry for closing mental health hospitals and institutions decades ago was good in large part, but the follow-through was no good. It was supposed to be a two-part solution mindset, but almost all of the counties and cities failed on the second part. They did not set up local community-based care for the mentally ill who were released.
So now judges are attempting to find solutions for cases they should not be dealing with and warehousing the mentally ill has become the only answer. And, no, it is not better than homelessness, it is just as bad if not worse.
CTA…
Answer this,
I “Have,” with a mentally ill, unhoused, man who is off his medications, what does that word mean and what does it convey and how should the courts handle that situation….
How did that ‘material’ come to be on his computer, was that ascertained, did he have the mental ability to understand what it was, Not excusing the possession of said material, but the ability to comprehend, how should it be handled
Was he able to help his own lawyer and work for his own defense, or was he unstable enough that he should have gotten treatment first and then gone through the court system, but still one must wonder why 150 years, to die in prison, why
Finally remember the keyword, “Have,’ how would you apply that word, in this case, knowing he was known to the police, as mentally ill, unhoused, unmedicated, and thus unstable, what did “Have,’ mean