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Calif. Vet Looking at Big Mandatory Minimum Sentence

Meet Sargent Binkley, an army vet currently facing twenty-plus years in Santa Clara, CA. His high school buddies are trying to publicize his plight and have set up a website. Here's his sad story.

Sargent Binkley is a high school classmate of ours and West Point graduate who is currently facing twenty-odd years in prison for robbing a Walgreens under California's minimum sentencing laws. He used a gun (unloaded) and robbed the drugstores of only Percocet - no money, harming nobody.

Here's the kicker -- he was addicted to the opiates after smashing his hip while serving abroad in the Army -- the military medical system
kept misdiagnosing him, and feeding him more of the painkillers. Add in some serious PTSD (he guarded mass graves in Bosnia from
desecration at one point) and he spiraled down.

Sargent turned himself in, has been in a rehab program in county jail for over a year and a half while he awaits sentencing, and by all accounts is
doing well. The Santa Clara DA wants to chuck the book at him, and he'll be gone.

More....

We, his friends from high school, are writing letters, making phone calls, built a website this weekend, etc., but our megaphone isn't big enough.

Sarge is set to be sentenced September 20th for his two Walgreens robberies, one in San Mateo and one in Santa Clara. The San Mateo DA is willing to mitigate the charges because of Sarge's circumstances in his county, but isn't intervening with the Santa Clara DA who wants to max him out. You can help by writing a letter to both D.A's. See below for details:

We support the elimination of California's excessive mandatory minimum sentencing laws, which give the power usually reserved to judges over to District Attorneys. But changing the law takes time that Sargent Binkley doesn't have.

Public pressure is the only thing that may cause the respective District Attorneys to reconsider; please help us in this fight by writing a letter or making a phone call as soon as you can. Two minutes of your time can help persuade District Attorneys David Howe and Rob Baker to apply a more equitable and appropriate sentence, and obtain justice for Sargent Binkley.

Check out the website and take a look at Sarge. Check out his service to this country.

Sargent was sent to Bosnia after his graduation, where he served as a peacekeeper by guarding the mass graves of genocide victims. From there he was sent to Central America, where he participated in drug interdiction operations. At one point he was ordered to open fire on a truck that contained a civilian teenage boy, an act that haunts him to this day. While on duty in Honduras, he fractured his pelvis and dislocated a hip. This injury was consistently misdiagnosed by Army physicians over the next several years, resulting in chronic pain and an addiction to prescription painkillers.

Then write a letter and support this troop. Even the pharmacist who was robbed is supporting Sarge:

The Mountain View pharmacist himself has written supporting leniency for Sargent, as have several veterans organizations, military colleagues of Sargent, and concerned California citizens. You can join them! We urge you to please take a few minutes of your time to support Sarge by putting pressure on the DA to pursue a more reasonable sentence. Write a letter, make a phone call, and help achieve rehabilitation and justice for Sargent Binkley.

Here's some sample letters:

Sample Letters

  • General Letter Guidelines
  • If you do not know Sargent Binkley
  • If you do know Sargent Binkley

    Write to:

    David Howe
    Santa Clara District Attorney Office
    County Government Center, West Wing
    70 West Hedding Street
    San Jose, CA 95110
    Phone: 408 299-7400
    Fax: (408) 286-5437.

    Steve Wagstaffe
    San Mateo Office of the District Attorney
    400 County Center
    Redwood City, CA 94063
    Steve Wagstaffe
    Phone: 650 363-4636
    Fax: (650) 363-4873

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  • Display: Sort:
    The pharmacist to whom the gun was pointe (5.00 / 1) (#2)
    by lilybart on Tue Sep 11, 2007 at 11:16:28 AM EST
    has forgiven him it seems.

    Why can't society?

    Pointing a gun (none / 0) (#1)
    by Abdul Abulbul Amir on Tue Sep 11, 2007 at 11:06:27 AM EST

    Pointing a gun at someone is not a trifle.

    No, It's not a trifle (none / 0) (#3)
    by Jeralyn on Tue Sep 11, 2007 at 11:23:19 AM EST
    but it also doesn't warrant 20 years, given the circumstances.

    Parent
    It's not, but let's have some sense ... (none / 0) (#4)
    by Meteor Blades on Tue Sep 11, 2007 at 11:28:08 AM EST
    ...of proportionality here. The average served time for second-degree murder in California is just under 15 years.

    Parent
    Another proof at the insanity of U.S. drug laws (none / 0) (#5)
    by MSS on Tue Sep 11, 2007 at 11:29:57 AM EST
    Maintaining the force of "prohibition" U.S. drug laws continue to "throw the book" at drug users who need help. Including drug addicts who commit property crimes 'under the influence.'

    It is draconian to jail an addict -- worse, still, an addict soldier who was driven to self-medication when his country failed to deliver adequate treatment after his war service.

    Guns are bad. We should not have guns on the street. We agree.

    But years in jail will not make our society safer, will not make this man a better citizen, will not keep his neighbors from committing crimes.


    Some time in rehab..... (none / 0) (#46)
    by kdog on Thu Sep 13, 2007 at 10:12:04 AM EST
    may work just as well as a 20 year sentence in keeping this guy from doing any more robbing.

    Heck...giving him free dope would probably keep him from robbing, and both are cheaper on the taxpayer than a 20 year stretch.

    Just saying....if the goal is to keep him from robbing, and I think that should be the goal, there are others way to go about it.

    Parent

    Disarm the police (none / 0) (#6)
    by Abdul Abulbul Amir on Tue Sep 11, 2007 at 12:13:02 PM EST

    We should not have guns on the street. We agree.

    Disarm the police?  No agreement there.  

    OT, but, we really want gvt health care?! (none / 0) (#7)
    by sarcastic unnamed one on Tue Sep 11, 2007 at 12:17:38 PM EST
    He moved back home with his parents, who paid for a diagnosis by a private sports physician. The private doctor used a high-resolution MRI and found tears in the cartilage of his left hip, injuries that the military medical system had been unable to find.


    incentives (none / 0) (#44)
    by Joe Bob on Wed Sep 12, 2007 at 11:20:05 PM EST
    The military has a strong incentive not to find injuries among its members. Every injury they don't find equals disability payments not made and VA medical care not given.

    Parent
    would have a different/opposite incentive?!

    c'mon.

    Parent

    Some details, (none / 0) (#8)
    by sarcastic unnamed one on Tue Sep 11, 2007 at 12:45:09 PM EST
    In both cases, Binkley contends [my itals] the handgun he used was not loaded, according to a psychiatric evaluation and court documents filed by his attorney, Chuck Smith.
    iow, no one can state as a fact that the guns he used in the robberies were not loaded.
    On another mission, Binkley said, he opened fire on two armed security guards for drug traffickers as they drove toward him in a Jeep. Both were killed; one of them turned out to be a young teenage boy.
    The armed narcotic drug trafficker guards were shot by Binkley in what looks like self defense. That does not mean the event should not or would not affect Binckley deeply, but make no mistake, an armed teenager's weapon is just as lethal as someone's who's older.
    More than two years after he left the Army [...] Outpatient surgery fixed the problem, his father said.

    After that, the pain faded away and the VA prescriptions stopped, but Binkley said he was hooked on the painkillers.

    I assume those who roundly lambasted Limbough for his addictions will do the same in this case.

    I feel for this guy, but he committed armed friggin robbery. Twice. I imagine everyone who resorts to armed robbery has a tale of woe - that's why they're resorting to armed robbery. Is 20 years too long for someone who commits armed robbery twice? I'm not sure. I admit to feeling conflicted on this.

    if (none / 0) (#14)
    by Jen M on Tue Sep 11, 2007 at 01:59:46 PM EST
    second degree murderers serve fifteen years then yeah, twenty years is too long.

    What really weird is the DA setting the sentence instead of the judge.

    Parent

    The DA and defense counsel have the (none / 0) (#15)
    by oculus on Tue Sep 11, 2007 at 02:03:29 PM EST
    opportunity to file written sentencing statements.  the probation officer also files a written report.  The Court decides the sentence, based on statute and weighing the aggravating and mitigating factors.  

    Parent
    ah (none / 0) (#17)
    by Jen M on Tue Sep 11, 2007 at 02:16:17 PM EST
    thank you

    Parent
    robbery, assault with a deadly weapon and possession of narcotics.

    Parent