Convicted felon under CA’s ‘three strikes’ law granted parole release - KTXL FOX 40 Sacramento
MODESTO, Calif (KTXL) — A convicted felon who was previously sentenced under California’s “three strikes” law was granted his release on parole earlier this month.
In a March 1 hearing at Valley State Prison in Chowchilla, the State Board of Parole Hearings granted parole for Isabello Joe Rivera, 66, of Patterson, the Office of Stanislaus County District Attorney Birgit Fladager announced in a press release on Tuesday. Changes to the “three strikes” law from the Public Safety and Rehabilitation Act made Rivera eligible for early release, the DA’s office said.
The Public Safety and Rehabilitation Act (proposition 57) was passed by voters in 2016.
Rivera served 20 years of his current sentence.
The 66-year-old was sentenced 25 years to life in 2002 after pleading guilty to firearm possession charges and admitting to having prior convictions. The DA said Rivera’s criminal history includes convictions for second-degree murder in 1977 and robbery in 1991.
Rivera was arrested in 1999 after his spouse approached a Stanislaus County Sheriff’s Department deputy, crying to officers that he pushed her around and that she wanted him out of the house, prosecutors said.
A warrant was out for his arrest soon after.
Officers entered Rivera’s home and saw him standing in the living room. Prosecutors said Rivera was ordered to lie on the ground, but he reached toward the back waist of his pants for a gun.
The DA said officers grabbed Rivera and tried to prevent him from getting his gun, but he broke free and attempted to grab his weapon again. It took four deputies to arrest Rivera.
Officers seized his gun, which was a Colt .45 pistol, the DA said. Rivera had one round loaded in the gun’s chamber and six more in a magazine.
Rivera’s March 1 parole hearing was his first and only hearing since being sentenced in 2002.
During the hearing, special prosecutor Holly MacKinnon appeared on behalf of the people and argued against Rivera’s release, saying he is a safety risk to the community.
“Prosecutor MacKinnon argued against Rivera’s release on parole and for continued confinement based on the inmate’s commitment offense, which put his spouse and law enforcement in grave danger, his lengthy criminal history, which includes six prior prison commitments, and his lack of sufficient substance abuse and domestic violence programming,” the DA said in a press release.”
At the end of the hearing, the board granted Rivera parole finding that he “did not pose an unreasonable risk to public safety.”
The DA said the board “gave great weight” to Rivera’s remorse and insight into the causes of his criminal past. The board also felt Rivera’s plan of having transitional housing, family support and employment mitigated any threat he may pose to the community, prosecutors said.
“The board noted Rivera had received only one rule violation since 2007 and had actively participated in programming in the past six months including substance abuse, AA/NA, vocational and self-help programs,” the DA said.
source: https://fox40.com/news/local-news/convicted-felon-under-cas-three-strikes-law-granted-parole-release/
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