On Wednesday, the office of Governor Gavin Newsom declared that he had given mercy to five individuals who committed their offenses in greater Bay Area counties.
The governor may grant executive clemency by respite, commutation, or pardon under the state constitution. Newsom’s office claims that the governor bases his choices on the grantee’s post-conviction accountability and self-improvement.
Two individuals who committed their offenses in Alameda County were pardoned by Newsom.
Sikwayi Dawson was found guilty in 1994 of carrying cocaine base, commonly referred to as crack cocaine, while armed and was given a sentence of three years on probation and six days in jail.
In the 1990s, crack possession carried far harsher penalties than powdered cocaine. The federal Fair Sentencing Act of 2010 made this right.
Dawson obtained a certificate of rehabilitation from San Joaquin County, which Newsom’s administration acknowledged as “evidence that she has been living an upright life.”
In 1992, Gabriel Freeland was found guilty of force or assault with a dangerous weapon in Alameda County; he currently resides in Arizona. He received a sentence of 90 days in jail and three years of probation.
Freeland used a wooden stick during a group altercation, according to Newsom’s office. Freeland was convicted of a felony once more in 1996, this time robbery, and was sentenced to one year in prison and three years of probation.
The act of clemency for both Dawson and Freeland, according to Newsom, “does not minimize or forgive (their) conduct or the harm it caused,” but it does acknowledge the efforts they have since made to change.
Andy Silvestre was found guilty in Monterey County in 1990 of possessing or purchasing cocaine base for sale. He currently resides in Arizona. He was sentenced to three years of probation and 120 days in jail.
“By the laws of this state it is proper that I, as Governor of the State of California, give testimony that, by completion of his sentence and good conduct in the community, Mr. Silvestre merits this pardon,” Newsom wrote in a letter.
Damian Clapton was found guilty in 2009 of possessing a controlled narcotic and transferring it for sale in Sonoma County, and he was given a five-year sentence in state prison.
According to Newsom’s official statement regarding his pardon, “He has proven that he is leading a moral life and is qualified to regain his civic rights and obligations.”
Lastly, in 1992, William Velasco was found guilty in San Mateo County of both possessing and transporting a restricted drug for sale.
Velasco received a certificate of rehabilitation and a recommendation for a pardon from a judge in the Solano County Superior Court in 2017, which Newsom complied with.
The governor recently granted clemency to 19 individuals in the state who had petitioned for it.
Among other benefits, a governor’s pardon can help someone regain their ability to vote or run for office, serve on a jury, and improve their chances of obtaining a state board professional license.
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