pictured above: kansas sentencing guideline grid
Sentencing - What Would Happen?
Before arguing about an appropriate sentence, if Isaiah could be a community asset, or arguing for life imprisonment, you first must understand the "Kansas Sentencing Guidelines". This is the sentencing grid for any non-drug-related offenses. You'll see on the far right column, it is labeled "1 Misdemeanor - No Record". Isaiah falls into this range, due to having no record. 2nd degree reckless murder is characterized as a "level 2 felony". This means, Isaiah would be charged with a crime that falls in column "i" (far right), 2nd row down (II). This would make Isaiah's maximum prison sentence 123 months, and minimum 109 months (9.08 years - 10.3 years) not accounting for the Upward Durational Departure.
We believe Isaiah was charged too severely, and the charge does not fit the crime. Isaiah should have been charged with the following statute:
"21-3442. Involuntary manslaughter while driving under the influence of alcohol or drugs. Involuntary manslaughter while driving under the influence of alcohol or drugs is the unintentional killing of a human being committed in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567 and amendments thereto.
Involuntary manslaughter while driving under the influence of alcohol or drugs is a severity level 4, person felony."
Had Isaiah been charged with the above statute, he would face 38 - 43 months in prison.
On 02/28/2023, the Johnson County DA's office filed a notice to seek an "Updward Durational Departure". Upwards durational departure means that there is a new sentencing guideline structure. The judge is able to double the maximum sentence. Whereas Isaiah was looking at a maximum sentence of 123 months (10.3 years) in prison, Isaiah would be facing 246 months (20.5 years) in prison.
Wanting to learn more about the sentencing grid?
The Kansas Sentencing grid was commissioned and signed into legislation on July 1st, 1993.
Every case is different. Why a sentencing grid? From the Kansas Sentencing Commissions' website, "The philosophy of the Kansas Sentencing Commission is that criminal sentences should be imposed fairly, rationally and consistently, and that incarceration should be reserved for the most serious offenders."
An appropriate sentence
Although we maintain the innocence of Isaiah, it would be appropriate to explore an appropriate sentence in this case. Isaiah participated in "mediation" in April 2023. At mediation, the prosecution refused to meet with Isaiah. Furthermore, the prosecution refused to read even 1 of Isaiah's 60+ character letters. The prosecution would not only refuse to meet with Isaiah but refuse to extend an olive branch at all. Isaiah offered to take accountability, Isaiah offered to apologize, and Isaiah even offered to agree to a prison sentence of 3-4 years. The prosecution snuffed all offers and informed Isaiah's attorney they would seek the maximum penalty - no matter what.
Since 12/27/2021, Isaiah has conceptualized a non-profit organization, built its infrastructure maintained numerous employment positions, and sold tens of dilapidated properties to investors - making the community safer, drafted architectural plans, spoke at KCMO city events regarding short-term rental legislation, and sold his business. All this, without being able to drive.
Beyond his professional life, Isaiah participated in over 200 hours at an outpatient rehabilitation center, organized and led a "first step AA meeting" at an inpatient rehabilitation center for 18 months, led numerous AA group meetings, sponsored other alcoholics, and joined the Church.
Is this someone who, in the words of the prosecution, presents "future dangerousness" & "non-amenability to probation"?