Today’s focus is on Marion County Superior Court Judge Mark D. Stoner. This week, calls for his immediate resignation have grown louder following his sentencing decision involving the convicted killer of a beloved, Indiana police officer. You be the judge as we take a look at the challenges of sentencing in the face of devastating community loss.
Who are the parties?
In April 2020, Officer Breann Leath was gunned by Elliahs Dorsey while responding to a domestic violence call. In February of this year, Dorsey was found “guilty but mentally ill.” Just this week, Judge Stone sentenced Dorsey to time served and probation for the killing of Officer Leath, and 25 years in prison for the attempted murder of his girlfriend, whom he shot as she ran from the apartment they shared. According to reports, the case started as a death penalty case. After the verdict, however, 63 years became the maximum penalty possible.
NBC affiliate WTHR online, reports that now, “The Indianapolis police union is calling for Judge Mark Stoner to resign. Officers are outraged and calling for judicial reform after the sentence given to the man who shot and killed [Officer] Leath….”
Indeed, according to reports, Indy FOP called for four additional judicial reforms in Marion County, including: “a civilian committee to review the Marion County court system…, a meeting with the governor to explore additional resources and executive actions…, a commission to look at criminal justice outcomes in memory of Leath and domestic violence victims [and] …, for the state to review the current policy of judges not being elected in Marion County.” This is because, “[j]udges are appointed, reviewed, and approved by an unelected body…, Marion County residents then vote whether to retain a judge….”
According the Ballotpedia, “[Judge Stone’s] current term ends on December 31, 2024.” In 2018, he received 76% of the vote to retain his seat. On the heels of such a high profile, emotionally contentious decision in the Dorsey case, however, the question is whether he will he retain the favor of voters in this upcoming election.
In the Judge’s Seat
In her online article from November 08, 2018, Anna-Leigh Firth shared the results of a survey of judges on the subject of regret for past sentencing decisions. Firth’s survey findings [not scientific, as she states] revealed that, “[n]early 80 percent of the 464 judges who responded said yes” to the question of whether “they have ever regretted one of their rulings.” The article includes anonymous quotes from judges who have had to live with the consequence of sentencing decisions. The National Judicial College’s Website also includes articles on judicial discretion and sentencing guidelines. There are practical tips such as the following, taken from a May 21, 2015 article in which the author, the Hon. Thomas A. Zonay, writes in guideline number six of ten:
“Consider the Results of Your Decision [:]
‘This includes both the legal and practical consequences. Remember Newton’s Third Law of Motion: “For every action there is an equal and opposite reaction.” Ask yourself, is the reaction of what will flow from your decision one which will foster justice being done in the case, or could it lead to irreparable harm which could have been avoided by choosing another course or action.’”
Does Judge Stoner’s decision follow this advice? On Thursday, Judge Stoner, in explaining his sentencing decision in the Dorsey case stated, “[i]f I gave him the maximum sentence, I would have actually [in] 10 years, I think, less control over him than what I’ve done here, …. If he takes his medication, and if he goes back to being a law-abiding citizen, which he was for 31 years, then I will have had longer control and protected the community longer this way than if I had given the maximum sentence.”
Do you agree?
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Judge Bios:
https://trellis.law/judge/mark.d.stoner
https://trellis.law/judge/thomas.a.zonay
https://ballotpedia.org/Mark_D._Stoner
News & Article Sources:
Music: Cast No Shadow by Anka Mason
Blog Narration: Anka Mason
