By Mark Higgins
He became the
second Massachusetts inmate to have a first-degree murder sentence commuted in
2022 Thomas Koonce, 53, convicted in a New Bedford murder, is the other inmate.
“There are few things as important to me in this
position as ensuring justice is served for the individuals impacted by a crime
and my responsibility to ensure fair application of justice to all,” said Gov.
Baker to the Boston Globe when asked about the commutations.
These decisions mark the first time in 25 years the
council chose to release a person who was serving a life sentence for first-degree murder.
Both of these commutations were looked at favorably by
some members of the council.
"I hope this
represents an era where clemency is more common," said Councilor Paul DePalo.
Allen, who served 27 years, and Koonce, who served 30
years, were both convicted of murder, but the facts of the cases were very
different.
In 1994, then 21-year-old William Allen and his
friend, Rolando Perry invaded a Brockton apartment in what authorities
described as a drug rip-off. During the robbery, Perry repeatedly stabbed the
apartment resident, Purvis Bester.
In a plea deal, Perry pleaded guilty to second-degree
murder, a conviction carrying a life sentence with the possibility of parole.
He was paroled in 2011.
Allen was offered the same but, against his attorney’s
advice, he went to trial and was convicted of first-degree felony murder. That
carried a sentence of life without parole.
Plymouth County District Attorney Timothy J. Cruz, who
was not the district attorney at the time of the conviction, said prosecutors
can not force defendants to take a plea deal.
“You can take them to water, but you can’t make them
drink, this is their life, their case, their decision,” said Cruz
Cruz supported the commutation for Allen.
In 1987, a then 24-year-old former Marine Thomas
Koonce was arrested in New Bedford for the murder of Mark Santos, 24 he fired a
gun during an altercation that caused Santos to be fatally wounded.
Koonce was convicted of first-degree murder in 1992.
“He was convicted of
intentionally firing a weapon that killed Mark Santos, not because I said it
because the jury said it, the jury rejected the self-defense claim,” said Bristol
County District Attorney Thomas
Quinn during Koonce’s commutation hearing.
At the commutation hearings, both men received support
from a number of witnesses supporting their commutations.
"We
strive to see a just outcome for everyone, He will make a difference in our community,"
said Cruz said of Allen.
William Allen received unanimous support from the
council.
“You have an amazing support group,” said councilor
Joe Ferreira during William Allen’s commutation hearings.
Thomas Koonce also received support from many of those
around him, including the current Bristol County District Attorney Quinn.
“He has a lot of support around him, and he would be a
great asset to the community,” said former inmate and current activist Collin
Harris during the hearing.
Quinn said that Koonce has taken responsibility for
his crimes and has shown an exemplary record during his 30 years in prison.
“This is an opportunity to right what I think would be
an unfair situation of him spending the rest of his life inside,” Quinn said
during the Koonce Commutation hearing, which was recorded via Zoom.
While both men were granted commutations, their cases
were dramatically different both by what happened and under what legal theory
they were convicted under.
Koonce was identified as the gunman in the New Bedford
case. William Allen participated in the home invasion but did not kill the
victim in Brockton
Allen was convicted under what is known as the Joint
Venture Theory. That means if someone else commits murder during the commission
of a felony, the accomplice can also be convicted of murder even if he did not
commit the killing
However, a State Supreme Court decision in 2017, The Commonwealth
vs. Brown, established the precedent that an individual cannot be convicted of
felony first-degree murder if they did not display “malice”.
In the case of William Allen, the argument was made
that he did not show malice or a desire to kill anyone. According to the court
documents, Allen even tried to calm the victims during the robbery.
“No one’s going to get hurt, we getting out of here,”
said Allen to the victims, according to the commutation hearing.
The facts in the case against Thomas Koonce were very
different, it was reported that he traveled to New Bedford with the intention
of being involved in an altercation, according to the councilman Joe Ferreira
during Koonce’s commutation hearing.
Members of the Governor’s Council noted Koonce’s guilt
during his commutation hearing.
”There was plenty of evidence that this was first-degree murder, he had got into a beer, they left to go to Burger King, they
came with a gun to a crime scene and a man died,” Councilman Joseph Ferreira
said during Koonce commutation hearing.
In the case of William Allen, relatives of the victim
did not oppose his release.
The youngest daughter of Bester, even showed her
support for Allen, believing his punishment has far fit his crime and he should
be granted his commutation, councilwoman Mary E. Hurley said.
In Thomas Koonce’s case, the victim’s family opposed
his release and wanted the commutation to be denied.
The Santos family wrote a letter to Gov. Baker asking
for Koonce to remain incarcerated for life.
Both men have been granted commutation and parole.
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