DA outraged by felon’s early release
NORWICH – Prosecutors are expressing outrage at the early release of a repeat felon and convicted drug dealer who was given credit for his prison sentence before he even committed the crime. He was also released early for good behavior even though he offended while on parole.
“It was suppose to be three more years, but instead they let him out in three months. It is a complete outrage,” said District Attorney Joseph McBride.
Shane M. Manwarren, 28, of Columbus, pleaded guilty in 2005 to third degree burglary and criminal possession of stolen property and was sentenced to two to six years in state prison.
He was then released on parole for good behavior in August of 2007 and then arrested just more than 4 months later for drug possession.
Police pulled Manwarren over Dec. 7, 2007, and discovered four ounces of powdered cocaine worth more than $6,400 in his car. His parole was revoked and he was ordered back to prison to finish serving his time for his 2005 convictions.
In April, Manwarren pleaded guilty to the new charges, third degree attempted criminal possession of a controlled substance, in a plea arrangement with the district attorney and was sentenced to three years in state prison and three years post release supervision in August.
He was recently released again by the New York State Division of Parole Nov. 20 after serving a total of one year, 10 months and 20 days, since his 2005 burglary and stolen property convictions.
According to the Erik Kriss, spokesman the New State Department of Correctional Services, Manwarren was issued a concurrent sentence for his 2008 drug conviction which allowed him to be given credit for time served in prison the was retroactive to the date of his actual arrest.
“He received a concurrent sentence for his second, 2008, conviction and instead of adding time with his ‘05 conviction, he was given credit for the time already served in 2005 and in 07-08. That is how concurrent sentencing works,” said Kriss, who explained that DOCS had no authority over what was ordered by the court.
Parole Supervisor Carole Weaver explained that because Manwarren was given retroactive credit for his 2008 conviction, it prompted the board to release him in November, effectively rendering his 2008 drug sentence moot.
Weaver said that NYSDP was not responsible for how corrections calculated Manwarren’s time and said they had attempted to contact the sentencing court for clarification and received none.
“We’ve been in contact with corrections and reviewed the date and they are accurate. We wrote the sentencing judge and he has not yet replied,” said Weaver.
Supreme Court Law Clerk Claudette Newman said that Supreme Court Justice Kevin M. Dowd, who sentenced Manwarren, was not allowed to comment but said it appeared that everything had been done within the confines of the law and that the office was not contacted by parole regarding the circumstances of Manwarren’s release.
Manwarren’s release has sparked outrage from Chenango County District Attorney’s Office which is in the process of filing a complaint against the state’s division of parole.
“It’s an absolute outrage that he’s been released. It’s a shock to the conscious and an absolute frustration to the DA’s office, law enforcement and the community members of Chenango County,” said McBride.
McBride said that was not his understanding of how the law works and that at the time the court sentenced Manwarren he and the court were under the impression that his sentence would begin after his Dec. ‘07 arrest.
“I don’t know how a criminal can be allowed to be given credit for time served before he’s even committed the crime,” said McBride.
Kriss, however, said that it was “not unheard of” for inmates to receive credit for sentences before they committed their crimes, saying it was determined by the court what time could be considered.
“It was not the understanding of any of those involved in the case and ultimately it has hurt the community. An admitted drug dealer should go to jail, but he is instead free to walk the streets. Unfortunately, there is little we can do at this point,” said McBride.
“It was suppose to be three more years, but instead they let him out in three months. It is a complete outrage,” said District Attorney Joseph McBride.
Shane M. Manwarren, 28, of Columbus, pleaded guilty in 2005 to third degree burglary and criminal possession of stolen property and was sentenced to two to six years in state prison.
He was then released on parole for good behavior in August of 2007 and then arrested just more than 4 months later for drug possession.
Police pulled Manwarren over Dec. 7, 2007, and discovered four ounces of powdered cocaine worth more than $6,400 in his car. His parole was revoked and he was ordered back to prison to finish serving his time for his 2005 convictions.
In April, Manwarren pleaded guilty to the new charges, third degree attempted criminal possession of a controlled substance, in a plea arrangement with the district attorney and was sentenced to three years in state prison and three years post release supervision in August.
He was recently released again by the New York State Division of Parole Nov. 20 after serving a total of one year, 10 months and 20 days, since his 2005 burglary and stolen property convictions.
According to the Erik Kriss, spokesman the New State Department of Correctional Services, Manwarren was issued a concurrent sentence for his 2008 drug conviction which allowed him to be given credit for time served in prison the was retroactive to the date of his actual arrest.
“He received a concurrent sentence for his second, 2008, conviction and instead of adding time with his ‘05 conviction, he was given credit for the time already served in 2005 and in 07-08. That is how concurrent sentencing works,” said Kriss, who explained that DOCS had no authority over what was ordered by the court.
Parole Supervisor Carole Weaver explained that because Manwarren was given retroactive credit for his 2008 conviction, it prompted the board to release him in November, effectively rendering his 2008 drug sentence moot.
Weaver said that NYSDP was not responsible for how corrections calculated Manwarren’s time and said they had attempted to contact the sentencing court for clarification and received none.
“We’ve been in contact with corrections and reviewed the date and they are accurate. We wrote the sentencing judge and he has not yet replied,” said Weaver.
Supreme Court Law Clerk Claudette Newman said that Supreme Court Justice Kevin M. Dowd, who sentenced Manwarren, was not allowed to comment but said it appeared that everything had been done within the confines of the law and that the office was not contacted by parole regarding the circumstances of Manwarren’s release.
Manwarren’s release has sparked outrage from Chenango County District Attorney’s Office which is in the process of filing a complaint against the state’s division of parole.
“It’s an absolute outrage that he’s been released. It’s a shock to the conscious and an absolute frustration to the DA’s office, law enforcement and the community members of Chenango County,” said McBride.
McBride said that was not his understanding of how the law works and that at the time the court sentenced Manwarren he and the court were under the impression that his sentence would begin after his Dec. ‘07 arrest.
“I don’t know how a criminal can be allowed to be given credit for time served before he’s even committed the crime,” said McBride.
Kriss, however, said that it was “not unheard of” for inmates to receive credit for sentences before they committed their crimes, saying it was determined by the court what time could be considered.
“It was not the understanding of any of those involved in the case and ultimately it has hurt the community. An admitted drug dealer should go to jail, but he is instead free to walk the streets. Unfortunately, there is little we can do at this point,” said McBride.
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