State lawmakers to ask governor for clemency for man sentenced as teen to 241 years

A growing body of Missouri legislators wants to ask Governor Mike Parson (R) to act on behalf of a man in state prison with a sentence that they feel far exceeds his crimes.

Bobby Bostic is currently in the Jefferson City Correctional Center serving a 214 sentence for crimes he committed in one night in 1995. (photo supplied by Representative Nick Schroer)

Bobby Bostic is serving a sentence of 241 years in prison.  Now 40, he would be eligible for parole at the age of 112.  Appeals filed on his behalf have been denied, even one on the grounds that the Supreme Court ruled in 2010 that people under 18 who didn’t kill anyone couldn’t be sentenced to life without parole.  That didn’t apply to Bostic because he wasn’t sentenced to life; he was sentenced for 18 crimes.

Bostic was 16 in 1995 when he and an 18-year-old accomplice robbed a group of people delivering Christmas presents for the needy.  Each man shot a victim, leaving one slightly injured.  The pair carjacked another woman and put a gun to her head.  The accomplice robbed and groped her before she was let go.

“When you look at the cases from around that time – the late ‘90s – there are murderers that are already back out on our streets that were sent [to prison],” said Representative Nick Schroer.

Schroer, an O’Fallon Republican, says he happened upon the case when someone posted an old story about Bostic on Twitter.  He sent Bostic a letter and the two began talking, and shortly thereafter Schroer and other representatives met with Bostic at the Jefferson City Correctional Center.  It was then that Schroer decided he wanted to see the man given a chance at freedom.

Representative Nick Schroer (photo; Tim Bommel, Missouri House Communciations)

“I think he should do time for the mistakes that he made and the choices that he’s made, but to put him there on a taxpayer dime for 241 years I think is unjust,” said Schroer.

One of the lawmakers that joined Schroer in that visit to JCCC is Representative Barbara Washington (D-Kansas City).  She came to the same conclusion – that the sentence was too harsh.  She and Schroer agreed to work with their respective parties to get as many lawmakers as possible to sign a letter to Governor Parson asking for clemency for Bostic.

“That’s all he has.  That’s the only thing he has.  The Supreme Court did deny his brief.  They denied to hear the case on the U.S. Supreme Court level.  I believe he’s had some appeals that have been denied on the state court level, and so at this point this is the only opportunity that this young man has had,” said Washington.  “He’s lost his whole life for 24 years.  Had he not been tried in adult court he probably would’ve been out at 25.”

Schroer and Washington say Bostic has worked to better himself during his time in prison.

“I’m not saying he’s a model prisoner – I don’t know his whole record – but what I do know is that he’s tried to take advantage of the opportunities that you can take in prison,” said Washington.  “He didn’t even have a high school diploma or GED when he went in.  He has received a GED and he’s soon to be completing his associate degree.”

Representative Barbara Washington (photo; Tim Bommel, Missouri House Communications)

Schroer said Bostic’s efforts to get an education show he’s on the right path, and said some of his actions on the night of his crimes showed at least some of his thoughts were on the right path.

“The female victim indicated that while Bobby was driving, the 18-year-old, while he was trying to find her money, groped her and then threatened to rape her, but it was the 16-year-old Bobby Bostic … that stopped any rape from occurring and got her out of the car,” said Schroer.

“It’s interesting to note,” Washington adds, “that he was 16, his co-defendant was 18, and his co-defendant will be up for parole next year.”

The judge who handed Bostic his sentence has said publicly that she now regrets, “deeply,” that decision, and wants to meet with Bostic.  Schroer believes something another judge – Missouri’s Supreme Court Chief Justice Zel Fischer – said in his State of the Judiciary Address this week also applies.

“He indicated that we should be using our prisons to house the most serious – the criminals that we, as a society, are afraid of, not the ones that we’re mad at,” said Schroer.  “I think listening to our chief justice it’s time that we give this man a second chance.”

By Thursday afternoon around 15 lawmakers had signed on to the letter started by Representatives Schroer and Washington – lawmakers from both parties and from both the House and Senate, with more having agreed to sign it.

 

Bill would push 17-year-olds to juvenile court system

A House Republican will again this year propose that Missouri increase the age at which young offenders can be tried in Missouri’s adult courts.

Representative Nick Schroer (photo; Tim Bommel, Missouri House Communications)

17-year-olds can be prosecuted in adult courts.  O’Fallon Representative Nick Schroer wants to “raise the age” to 18.  He said the bill has broad, bipartisan support.

“In the state of Missouri you have to be 18 to enter into a contract without parental consent.  You have to be 18 to buy cigarettes, you have to be 18 to join the military, buy a lottery ticket, or even vote.  You even have to be 21 to purchase or consume alcohol in our state,” said Schroer, “but there is one place where juveniles are still treated as adults – in our courtrooms.”

Schroer on Friday pre-filed House Bill 1255, which mirrors House Bill 274 from the 2017 session.  He said by passing it and increasing that age to 18, Missouri would save money by reducing recidivism; would allow more offenders to use the resources of the juvenile justice system to hold them accountable and rehabilitate them; and would strengthen Missouri’s workforce and economy by keeping 17 year-olds from having criminal records.

Schroer said his bill would also protect the rights of Missouri parents.

“When a 17-year-old is arrested currently, parents are excluded from being informed of what is going on.  They do not have a right to be involved in the interrogation, they do not have a right to be involved in the court process,” said Schroer.

One of the hang-ups of past “raise the age” legislation has been the projected cost to Missouri.  Schroer said those estimates have been inaccurate.  He said in the 45 states that have passed similar laws, their projections of cost were also high but once the laws were in place, the actual costs were far lower and some states saved money.

“That is why I am happy to announce that with the many different fiscal notes that were associated with this bill in 2017, I am reaching out to Missouri State University to take a look at what the true economic impact of this legislation would be,” said Schroer.  “I am confident that once this report is done that it will show what the 45 other states have shown – that raise the age legislation reduces crime, saves taxpayer dollars, and keeps Missourians safe.”

Schroer said it should be a goal to keep young people out of Missouri’s adult court and prison system.

“When you put a young person, with their brain still developing, you put them in a system where they’re going to learn the traits in the adult system … they’re going to learn how to scheme, the ways of the criminal, so-to-speak,” said Schroer.  “When they come out with a criminal record, it’s hard for them to get a job; it’s hard for them to make ends meet.  When their back’s against the wall they’re going to go to what they know.  In these situations a lot of these kids that have been put through the adult system what they know is how to commit crime.”

Schroer said his legislation would allow minors who have committed heinous or repeated offenses to be certified as an adult.

HB 1255 is one of 13 bills Schroer filed today, and one of hundreds pre-filed for the 2018 legislative session which begins January 3.