Sentencing upsets victimized couple

[Knimrod]

Sentencing upsets victimized couple
Home invader gets 7 to 20 years in prison
Tuesday, October 25, 2005
BY ART AISNER
Ann Arbor News

Amilee Sharp wasn't going to answer the door.

After hearing a rapid succession of doorbell rings and with a previous burglary in the back of her mind, she wasn't going to greet unexpected visitors to her Saline Township home while her husband was out.

But she didn't have that choice.

Within a minute, she heard the door being kicked down and the mother of two did what came instinctively - she called 911 and grabbed the family pistol.

Randy Fraley, the man she confronted in the kitchen, bolted out of the house with his arms in the air, yelling for her not to shoot, police reports said.

Determined to stop him without inflicting a mortal wound, Sharp fired into the getaway car where his female accomplice awaited. Four of the nine shots pierced the vehicle, leaving it disabled a few blocks away on Braun Road.

Fraley and his girlfriend jumped from the vehicle unharmed, but left a trail that investigators with the Michigan State Police, the Washtenaw County Sheriff's Department and the Livingston and Washtenaw Narcotics Enforcement Team followed. That was in January.

On Monday, Sharp and her husband, Michael, watched with some relief but largely in frustration as Fraley, 36, was sentenced to 7 to 20 years in prison. He pleaded guilty earlier to first-degree home invasion and conspiracy to commit home invasion in two separate Washtenaw County cases.

They were frustrated, in part, because it was at least the sixth prison sentence that Fraley, an admitted crack addict, has received since 1989 for property crimes, state prison records show. He was last paroled in March 2004.

They're also upset because they don't believe his plea agreement and prison sentence will likely end a cycle of crime and punishment that could involve them again.

Link to full story (http://www.mlive.com/news/aanews/index.ssf?/base/news-15/1130251277284670.xml&coll=2)

[ZIPGRAVER]

Next time maybe Amilee should put a couple into the ******* before he has a chance to start yelling. :mad: Kick the door in and BANG, BANG, BANG!

[Jerry]

I wonder if Amilee was charged for shooting at a fleeing bad guy.

I know that if WE shot at a fleeing bad guy that we would have to justify shooting!

And possibly jail time or at the very least loose all savings for lawyers.

when I try to read the rest of the story I get sent to a page asking for info..sorry I wont do it.

JR

[G22]

I wonder if Amilee was charged for shooting at a fleeing bad guy.

I know that if WE shot at a fleeing bad guy that we would have to justify shooting!

And possibly jail time or at the very least loose all savings for lawyers.

when I try to read the rest of the story I get sent to a page asking for info..sorry I wont do it.

JR

You don't have to put in your real info.

Here's the rest of the story:

Page 2 of 2
"While he's counting the days until he's out, we're counting them down until we're in jail, because when he's free, it's like we're not,'' Michael Sharp said.

Statements from Fraley's accomplice, Amber Renee Jennings, indicate Fraley had some prior knowledge of the Sharps' property, according to police reports. But he was never charged in a July 2004 break-in there that occurred shortly after the Sharps moved in.

Jennings, 33, was sentenced in March to serve 18 months to five years in prison for receiving and concealing stolen property. That sentence is concurrent to 51 months to 20 years in prison she is serving for one count of conspiracy to commit home invasion.

Fraley, although a habitual offender, was not charged as such, preventing any judge from sending him to prison for life on property crimes.

Although openly critical of the deals Fraley and Jennings received, the Sharps are more upset over mandatory sentencing guidelines that even Circuit Judge Melinda Morris acknowledged from the bench limited her discretion.

"If he thought he'd get life, he probably wouldn't do it again, but the guidelines are the guidelines. I'm not happy about it,'' said Amilee Sharp, who told Morris in a letter about the trauma resulting from the crime and ensuing counseling she is receiving.

Defense attorney Walter White minimized Fraley's actions, saying his client entered the house because he thought no one was home but ran out upon seeing Sharp with a weapon.

"He showed no aggressiveness and tried to get out of there,'' White said.

Washtenaw County Assistant Prosecutor Blake Hatlem called that argument ridiculous and said Sharp should be commended for defending herself.

As the deal nearly unraveled due to last-minute legal wrangling over guideline calculations, Hatlem acknowledged Fraley should probably serve more time, but said that the deal was in the best interest of the Sharps, the public and even Fraley himself.

Fraley disagreed and tried to withdraw his plea, telling Morris he believed he would only receive 51 months in prison after discussions with White. Morris upheld the agreement and issued the sentence, noting she could have sentenced him to a minimum of 10 years.

White said he took the necessary paperwork to appeal the sentence.

The Sharps said the unfortunate experience should serve as a lesson to others who are thrown into the legal system and not always satisfied with the outcome.

"I think everyone is so naive. They think it won't happen to them, until it does,'' Michael Sharp said. "There's a million of guys like (Fraley) out there.''

[cliffd]

Going strictly by what was reported and my understanding of the law, the woman should be up on charges for her actions. Mind you, this is my opinion based on my understanding of the law, not what I personally would like or think should happen. There are no legal grounds to shoot at someone who is not an imminent threat. She is VERY lucky that she is not in jail along side (figuratively) that crack head.

This is also an example that the opponents to the Castle Doctrine bill will use as fodder that we will shoot till there is blood in the streets. The idiot broke in and fled with NOTHING. What was the purpose of shooting at the car? She is lucky that someone did not die or else they would find themselves wrangling on the other end of the law.

[goldwing2000]

Isn't first-degree home invasion a felony? Wouldn't that make him a fleeing felon?

[ShootinFool]

...Determined to stop him without inflicting a mortal wound, Sharp fired into the getaway car where his female accomplice awaited. Four of the nine shots pierced the vehicle, leaving it disabled a few blocks away on Braun Road.
How could Amilee expect to stop Fraley without wounding mortally if she is only 4 for 9 (44%) while shooting at the car? Fraley is a much smaller target than the car. Where did the other 5 bullets go? Into another house, car or bystander? Far better to shoot the perp when he is right in front of you than to spray bullets around the neighborhood. The problem is that Fraley will likely be released on another parole in about two years and he might return to the Sharp home with more determination. Taking him out would have made life safer for the Sharps as well as the rest of us.

Are these the *******s you are referring to?

Randy Edward Fraley (his eyes remind me of Charles Manson)
http://www.state.mi.us/mdoc/asp/otis2profile.asp?mdocNumber=204776

Amber Renee Jennings
http://www.state.mi.us/mdoc/asp/otis2profile.asp?mdocNumber=504931

Fraley was already on parole from a 2002 crime when he committed the crime against the Sharps. Why can't our system put drug-addicted thieves away longer than two years? Hindsight is 20/20, but the victim should have plugged Fraley when he kicked her door in. Shooting at the car after the fact was a bad move because if the perps had a kid in the car and that kid was killed by the victim's bullets, then the victim would become the perp! Good thing it turned out alright. I am always amazed at news reports of perps who have their kids waiting in the car while they do crimes.

[Meta4]

They look like typical white trash.

These people are useless to society. Ship 'em to Antarctica and let the penguins deal with them.

-James

[bassplayer]

Going strictly by what was reported and my understanding of the law, the woman should be up on charges for her actions. Mind you, this is my opinion based on my understanding of the law, not what I personally would like or think should happen. There are no legal grounds to shoot at someone who is not an imminent threat. She is VERY lucky that she is not in jail along side (figuratively) that crack head...

That came across my mind too. When the (figuratively) crack head ran, the imminent threat was gone. She was comitting a felony by running and shooting at him.

Also, those other 5 bullets? Yeah, check the neighbor's dog :-D

[papabear]

Did I read this right , in that the women got a longer sentence for being the acomplace?

[goldwing2000]

Did I read this right , in that the women got a longer sentence for being the acomplice?

No.
He: 7-20 years
She: 4.25-20 years

Same maximum, different minimum.

[ShootinFool]

Did I read this right , in that the women got a longer sentence for being the acomplace?
It kind of looks that way, but not really. It seems like the woman is serving her sentence, but his has not started yet since he was already on parole. It seems like his new sentence has not started, but he is just being held until it starts. The legal system can be confusing. Someone correct me if I'm wrong.

[Jim Simmons]

She is very lucky she wasn't charged. She is also very lucky she didn't end up hitting one of her neighbors.

At the time she pulled the trigger, she was not in imminent danger.

And by the way, as I read the "castle doctrine" bill, (at least one version thereof) if it were in effect, she still might not be safe from criminal charges.

[cliffd]

They look like typical white trash.

These people are useless to society. Ship 'em to Antarctica and let the penguins deal with them.

-James

What the hell do you have against penguins? :)

[bassplayer]

What the hell do you have against penguins? :)


At least they're curteous since they wear tuxedo's :-D