June 23, 2006
The criminal justice system in Davidson County failed the late Sean and Donna Wilson. It was a systematic failure, from top to bottom, that cost two innocent Tennesseans their lives.
The Mt. Juliet couple was killed after being struck by an SUV driven by illegal immigrant Gustavo Reyes Garcia on June 8. Court records and accounts from regular Nashvillians demonstrate Garcia should have been taken off the road long before his fateful encounter with the Wilsons.
In an article in our edition today, we document 17 arrests in the last nine years including multiple DUI charges, numerous incidents of driving on a revoked license and even assaulting a police officer.
Perhaps to no one’s shock, Garcia had also been arrested for more than one automobile accident where he struck another vehicle causing injury. In at least one case he fled the scene.
Altogether, Garcia spent less than 170 days in jail during those nine years. It is not a fact that can be placed at the feet of any one department or player in the criminal justice system. Instead, they all own part of the blame – from Metro Police all the way to the Tennessee General Assembly.
Metro Police maintain they simply arrest the bad guys and others in the system decide the offenders’ fate. That is not entirely true. In one key case against Garcia, charges of assaulting an officer were dismissed because police did not show up to a hearing for Garcia.
District Attorney Torry Johnson’s office insists it can only prosecute offenders to the extent the law allows. Yet, time and time again assistant district attorneys allowed deals for Garcia to go free despite what would appear to any average citizen to be a pattern of chronic lawlessness and disregard for the safety of Nashville citizens.
Of course, most of Garcia’s sentences were suspended by general sessions court judges to time already served after his arrests on each incident – a tactic that simply returned him to the street to offend again.
The questions then turn to the system itself. Is it the fault of Metro government for not providing jail cells for the likes of Garcia? Is it the fault of the Tennessee General Assembly for not providing tougher laws? Are generations of Washington D.C. politicians to blame having allowed illegal immigration to become a problem of epic proportions?
The death of the Wilsons and the case of Gustavo Reyes Garcia exposes everything that is wrong with our government, from the halls of power in Washington D.C. to the committee rooms of the Tennessee General Assembly to the streets of Nashville.
The Wilson family, Tennesseans and the American people deserve better.
2006-08-02
13:36:32
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