PORTSMOUTH, Va. — A Portsmouth man sentenced to 80 years in prison for a string of robberies in 1997 that did not result in injuries or deaths said his case highlights an excessive sentencing disparity problem in Virginia.
“I was wrong. I deserved to be punished,” said Ronald Davis during a conversation with me at his mother's home moments after gaining his freedom on Dec. 1. “But for me to die in a prison cell [for my crimes]? I thought that was a bit excessive.”
Black men statistically received harsher prison sentences than white men who commit the same crimes, according to the U.S. Sentencing Commission. Additionally, according to the Virginia State Crime Commission, Black males were found to receive sentences that were 50% longer than white males.
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Portsmouth man serving 80 years for robbery he committed in high school set free
“It's a whole prison full of Ronald Davises I just left,” said Davis, who was convicted of the robberies when he was 18 years old. “The justice system gets it wrong [sometimes]. They don’t always get it right.”
At 44 years old, Davis became a free man due to a conditional pardon granted last year by former Virginia Governor Ralph Northam. If Northam had not intervened in Davis’ case and set the Dec. 1, 2023 release date, Davis would have been 98 years old before earning his freedom.
“God would not allow me to die in a prison cell,” said Davis, who served 26 years in prison for his crimes. "By the grace of God, [I am free].”
Northam’s decision to pardon Davis came after state leaders, a former prosecutor and community members rallied for Davis’ early release, citing his decades-long prison sentence for robbery that was longer than the sentence some convicted murderers received.
Mandatory minimum sentences contribute to the disproportionate and excessive sentencing of Black and brown people, according to research at The Sentencing Project in Washington, D.C.
Mandatory minimums were adopted decades ago as a part of the “tough on crime” movement. They are predetermined prison sentences for certain crimes in Virginia – outlined by the General Assembly – including crimes like DUIs, drug distribution and using a firearm in the commission of a felony.
Sentences range from two days to life in prison for hundreds of crimes. Judges are forced to impose the sentences – and defendants must serve every minute of that time – even if the judge believes the punishment does not fit the crime.
Supporters say mandatory minimums ensure criminals go to prison, but opponents say it leads to unjust mass incarceration.
“All it does is prevent the sensible application of mercy, when mercy is appropriate,” said Norfolk Commonwealth Attorney Ramin Fatehi. “They take away the ability of a judge, and to an extent, a prosecutor, to make a decision that is individualized to the facts of the case.”
Watch previous coverage: Portsmouth man serving 80 years for robbery he committed in high school set free
According to an analysis of mandatory minimums by the Virginia State Crime Commission in 2020, mandatory minimums may not have eliminated sentencing disparities. Fatehi said eliminating mandatory minimums will help address bias in the courtroom.
“There is a multi-step process to try and make the system more equitable and to ensure that the sentence that a person serves is based on the facts of their case, and not based on their race,” said Fatehi. “This is not an argument that people should serve less time than they deserve. Everybody should serve every day that they deserve to serve, they simply shouldn’t serve a day more.”
Portsmouth Commonwealth’s Attorney Stephanie Morales told me prosecutors in Virginia do not have a path to address excessive sentences of the past.
“As prosecutors, we cannot look at a case and say, 'This is grossly disproportionate, this is grossly unfair,'” Morales said.
Parole was abolished in Virginia in 1995, and getting pardoned by a governor depends on the officeholder’s discretion. A so-called “Second Look Law,” which would give imprisoned people a chance to ask the court to make changes to their sentence, has traditionally failed in the General Assembly.
Davis said he’s using his freedom to shine a light on his remaining co-defendant, Deron Brown, who is still in prison serving a seven-decade-long sentence for the same robbery spree Davis was convicted of.
“[I’m focused on] reaching back to those that’s left behind,” he said.
Washington and Lee University law professor Jon Shapiro represented Davis for his pardon plea, and is now representing Brown in his efforts.
