Saturday, July 23, 2011

Why would Jason Overstreet cast the lone vote against a bill written to protect homeless individuals from senseless violent crime?

A decade ago, a homeless man named David Ballenger, was viciously beaten and stabbed to death in Seattle. 



David wasn't murdered because he had anything of value with him, nor was he murdered because he taunted or provoked his attackers in any way. No, David was murdered because he was homeless.  A Seattle paper quoted one of the perpetrators of the crime bragging that "there was one less bum on the face of the earth," alluding that he and his buddies had done the world a favor by murdering a homeless man.


There is a disturbing trend in this nation in which Conservatives denounce "traitorous citizens" who "refuse" to pull themselves up by their bootstraps and take care of themselves. Self-reliance and self-initiative is stressed while the real causes of poverty and homelessness are ignored or swept under the rug. After all, it's easier to point an accusatory finger at the victims of failed American policies than to attempt to solve the problem through the creation and adoption of public policy that would ensure that the majority of Americans are economically secure and financially stable. A goal that my Great Grandfather would have said is an admirable Conservative value.    


In January of this year, Washington State Senator Scott White (D-Seattle),  introduced SB 5011 which would allow prosecutors to request lengthening the time a perpetrator serves in prison if the court determined that the crime was committed because the individual attacked was perceived to be homeless. 


The bill analysis states, that generally under Washington State law, the standard sentencing range is presumed to be appropriate for the typical felony case. However, state law provides, that in exceptional cases, a court has the discretion to depart from the standard range and may impose an exceptional sentence below the standard range (for mitigating circumstances) or above the standard range (for aggravating circumstances). In the case of an aggravating circumstance, where there is an exceptional sentence imposed above the standard sentence range, the prosecutor must provide notice that he/she is seeking a sentence above the standard range. 


SB 5011 simply added a new aggravating circumstance to the list of circumstances that may lead to an exceptional sentence above the standard range.  This aggravating circumstance, like other aggravating circumstances must be found by a jury beyond a reasonable doubt before an exceptional sentence can be imposed on a defendant.


Homelessness or homeless is defined as a condition where an individual lacks a fixed, regular, and adequate nighttime residence and who has a primary residence that is 1), supervised publicly, like a public or private shelter; 2) a public or private place not designed for or ordinarily used as regular sleeping accommodations; and, 3) a private residence where the individual stays as a transient invitee. 


State Representative Jason Overstreet R-42nd Legislative District, was the only elected official in the state House and the state Senate to vote against this bill. (Republican members Terry Nealey, Kevin Parker, Jay Rodne and Charles Ross abstained from the vote). Click here to view roll call.


A national blog on homelessness stated in an article titled, Legislating Hate, that a "no" vote sends the message that while murder is wrong, the motive behind the violence is acceptable. I agree with the author. Consequently, I find Overstreet's vote on SB 5011 deeply troubling.


Again, there is a growing trend in this nation by Conservatives to vilify American men, women and children who have fallen on hard times because of unemployment, disability or illness. It's hard to believe that one of our local elected officials doesn't believe that crimes motivated by hatred should have longer sentences than other crimes. One would think that a staunch Conservative like Overstreet would want that kind of human garbage off the streets for a very long time. People who rationalize that violence is acceptable because someone is poor, disabled, homeless or ill, are, in my opinion, very troubled individuals. 






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