I have never written down the situation that has brought Tom home or the fact that he may be re-incarcerated. While I am his wife, part of the reason is the fact that I don't feel like it's necessarily my "laundry to air." But as the days turn to week we come closer and closer to the realization that our future depends on one single person. That one single person being District Court Judge Lynn B. Winmill.
Back Story: March 23, 2011 Tom was arrested while driving my care after the US Marshals sought him out on a warrant stemming from a parole violation out of New Jersey. (I was not in the car with him) When Tom was detained they searched the vehicle, in the trunk of the car my registered .38 caliber Smith & Wesson was unloaded in the trunk. So, my car - my gun yet I wasn't in the the vehicle. Tom was already a felon and if you are familiar with the law, that means a stipulation in becoming a felon means you cannot posses any firearm, weapon or ammunition. He was questioned about the gun and Tom was honest. He admitted to knowing the gun was there, in fact, Tom moved the firearm from the cab of the car to the trunk and urged me to get rid of it. I debated the situation and now it's something I look back and say, "I should have done that." I left the firearm in the trunk of my car, I was naive in the fact that I assumed nothing would happen. Well it did. Shortly after that Tom was extradited back to New Jersey to "fulfill" the warrant. He spent over a year in New Jersey. We patiently waited as the time ticked down and he release date lurked. With only 19 days until his release, Tom was served with papers informing him that he was being charged with felon in possession of a firearm, which ensured him of staying in custody. He made his was back from New Jersey to Idaho when he finally made it his resting place of Blackfoot.
In Blackfoot we decided to take our chances with a detention hearing. A hearing you get one chance at in federal court and depending on different factors you could be released. Luckily by the grace of God, the magistrate judge allowed Tom to go home. It was like a breath of fresh air - finally after almost 15 months my husband would be home. So that day Tom came home (which is just over a month ago) and since then he has received an ankle monitor, has been working two jobs, have had a home visit and we are doing great.
Last week Tom received a call from his lawyer, we had a few options left. In reality his case isn't detailed or needs elaborate investigation. We has three options:
1) Ask for an extension. Which wasn't a for sure thing especially since his case doesn't need any more investigation there was no real need for it.
2) Go to Trial. While a lot of people will just go to trial. It seemed like it would be the right decision, it was my gun, my car, he never discharged it, never carried it on him, never borrowed, never even really admired it. Once a jury heard that, it would be easy to have a innocent verdict, right? Is that a decision you are willing to take. Did Tom commit a violent crime? No. He committed the crime once he got into a vehicle which a firearm was in, that's it and that's all it takes. So innocence Tom would walk out of the courtroom, a free man. A guilty verdict, Tom could be sentenced up to 10 years, is that a gamble which you would take? Especially when they will determine your guilt or innocence on whether he was in possession of it, and it would be considered "constructive possession."
3) Plea Guilty. Why would you do that? Does he want to go back to prison? No. Why plea guilty? It gives Tom a chance. It may seem silly but it does.
Today we took the three hour drive to Pocatello, parked at the federal courthouse and came face to face with his judge. Tom entered a guilty plea, decided not to go to trial. A decision as a married couple we made since it directly affects our lives. It was a decision that wasn't taken lightly yet didn't take us a long time to determine. We knew it had to be better than take our chance at trial which Tom was honest with authorities and acknowledged the firearm was there, which could severely play against him in trial.
He now has a sentencing date of August 20. It seems so close. And I am very sure that Tom is undoubtedly stressed about the future. With Tom being released on an ankle bracelet, we are hoping that it can continue. We can not predict what will happen especially since there are sentencing guidelines with federal charges. All we can do is continue with what we are doing. Respecting the rules and boundaries that comes with his release and collect more letters of character for his sentencing date.
For my own personal feelings and emotions on the matter go here: http://tnalewis.blogspot.com/2012/05/no-way-back.html