MEMPHIS, TN – Shelby County District Attorney Bill Gibbons has announced that, effective immediately, the office’s “No Deals” policy for violent crimes will be expanded to include all indictments for attempted first degree murder and carjacking.
Since 1997, the Shelby County District Attorney’s Office has had a no plea-bargaining policy covering indictments for first degree murder, second degree murder, especially aggravated robbery, aggravated robbery and aggravated rape involving a weapon.
In recent years, the office has been disposing between 400 and 500 cases per year under the policy. The policy does allow exceptions for factual, legal and ethical reasons.
The announcement comes at a time when the community has witnessed a disturbing increase in felony assaults (some of which are, in effect, attempted murders) and carjackings. District Attorney Gibbons said it is very clear at this point that Memphis will see double digit increases in both felony assaults and carjackings in 2005 compared to 2004.
Carjackings involving the use of a weapon are already typically covered by the policy because they also usually constitute aggravated robberies or especially aggravated robberies. The effect of the policy expansion will be to cover carjackings not involving the use of a deadly weapon.
When the policy was first implemented in 1997, the D.A.’s Office set up a “screening” procedure with the Memphis Police Department and the Shelby County Sheriff’s Office under which the D.A.’s Office approves on the front end any charges for crimes covered by the policy. While technically the policy does not take effect until an indictment is returned by a state grand jury, Gibbons said his office wanted to make sure from the time of initial charges that the D.A.’s Office had good, strong cases for crimes covered by the policy.
Gibbons said attempted murder and carjacking cases within the city of Memphis are now being screened by assistant D.A.s. Attempted murders are screened by prosecutors assigned to work with the new MPD Felony Assault Unit, and carjackings are screened by assistants assigned to work with MPD’s Robbery Bureau.
“The purpose of the policy is two-fold. First, we want to do everything we can to hold those who decide to commit violent crimes fully accountable under our state laws. Second, we want to deter future acts of violence by sending a clear signal that there will be a price to pay,” said Gibbons.
“It is the most vulnerable in our community—the poor, the very young, the elderly, and those who face language and cultural barriers—who are far too often the victims of violent crime. We must do everything we reasonably can to make our community safer for everyone,” he said.
Attempted first degree murder is a class A felony, with a standard sentencing range of 15 to 25 years. Carjacking is a class B felony, with a standard sentencing range of 8 to 12 years.