Ramon Rivera: A Troubling Case of Criminal Justice Failures
Ramon Rivera was already on Rikers Island facing burglary charges when he got into deeper trouble.
A History of Incidents
In May, the 51-year-old inmate kicked a correction officer and smacked her into a wall after his decompensating mental health landed him in the Bellevue Prison Ward.
Rivera was charged with assault for the incident. A second conviction could have added months to his 364-day burglary sentence, leaving him behind bars on Nov. 18 — the day he allegedly stabbed and killed three people in Manhattan.
A Plea Deal with Serious Consequences
Court transcripts obtained by the NBC New York I-Team showed that on Sept. 4, Rivera took a deal offered by the Manhattan district attorney’s office, pleading guilty to attempted assault and receiving a 90-day jail sentence.
Despite the second crime, Rivera did not serve any extra time.
Concurrent Sentences and Good Time Off
The deal advocated by the assistant district attorney and approved by Judge Janet McDonnell in court that day made the second sentence of 90 days concurrent with his first sentence. By that time, he had already served seven months.
“I don’t anticipate this plea will change his expected release date which is October 17, 2024,” the ADA said, according to the transcripts.
Prison Reform Advocates Weigh In
“A plea offer to run concurrent instead of consecutive sentences was a tragic decision,” said Craig Rothfeld, a criminologist and prison consultant with the firm Inside Outside Ltd.
Rothfeld said choosing consecutive sentences could have kept Rivera incarcerated another 60-90 days.
DOC’s Role in the Case
The NYC Department of Corrections (DOC) awarded Rivera his “good time,” which allowed him to serve only two-thirds of his 364-day sentence.
Had the DOC revoked Rivera’s time off for good behavior, he might have remained jailed until Feb. 2025.
The DOC did not respond to the I-Team’s specific questions about why they did not penalize Rivera for assaulting one of their correction officers.
Officer Garcia’s Role in the Incident
Some prison reform advocates told the I-Team one reason the DOC may have avoided confronting the assault head-on is that their correction officer, Carol Garcia, was also charged in the assault, after being caught on surveillance video trying to kick Rivera back after he was restrained, according to the NYC Department of Investigation.
Officer Garcia pleaded guilty to a misdemeanor and was sentenced to ten days of community service, according to law enforcement.
Conclusion
The case of Ramon Rivera highlights a series of troubling failures in the criminal justice system. From the plea deal that allowed him to serve concurrent sentences to the lack of action taken by the DOC in response to his assault on a correction officer, it is clear that more needs to be done to protect public safety.
FAQs
Q: Why was Ramon Rivera able to serve concurrent sentences?
A: The Manhattan district attorney’s office recommended a 90-day concurrent sentence, which was approved by Judge Janet McDonnell.
Q: Why did the DOC award Rivera his “good time”?
A: The DOC’s policy allows for good time, which allowed Rivera to serve only two-thirds of his 364-day sentence.
Q: Why didn’t the DOC penalize Rivera for assaulting a correction officer?
A: The DOC did not respond to the I-Team’s specific questions about this, but some advocates speculate that the department may have been influenced by Officer Garcia’s own involvement in the incident.
Q: What can be done to improve the criminal justice system?
A: Experts suggest that providing secure detention systems specifically for prisoners with mental illness, like Rikers Island, and ensuring that sentences are consecutive instead of concurrent could help improve public safety and reduce recidivism rates.
