Allen and Koonce Receive Second Chance at Life


By Mark Higgins

History was made this February when eight members of the Governor’s council approved Gov. Charlie Baker’s commutation for 48-year-old William Allen.

 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No comments:

Post a Comment

UPDATE : William Allen granted parole

 William Allen will soon be free. The Brockton man, who served 27 years in prison, was granted parole on April 20 and is expected to be rele...