I received a phone call this morning that started the tears flowing. We were unaware that a suit was filed by Sunderman against the state asking that he be given credit for time served, which had been denied in our trial since it was for his probation violation. Well, he won the suit. I pasted below the judge's decision regarding the case.
09DK-CV00001 - RYAN SUNDERMANN V ST OF MO, MO DEPT OF CORRECTIONS
This information is provided as a service and is not considered an official court record.
Date Filed: 01/05/2009
Location: DeKalb Case Type: CC Declaratory Judgment
Disposition: Other Final Disposition Date of Disposition: 01/20/2010
Judge/Commissioner At Disposition: MCELWAIN, WARREN L
01/20/2010 Docket Entry: Other Final Disposition
Text: Being fully advised in the premises, the Court finds that based upon Goings v Missouri Department of Corrections 6S.W. 3RD 906 that the 156 days spent by Petitioner in the Nodaway County jail was "related" to the Involuntary Manslaughter charge that Petitioner was sentenced to 6 years in the Missouri Department of Corrections on June 25, 2008. The court notes that the revocation of the prior Misdemeanor sentences of 180 days on July 17, 2007 could have been based solely on Petitioner's operating a motor vehicle without a valid license or the consumption of alcohol. However in construing the statute (RSMo 558.031) we are guided by the principle that criminal statutes must be construed strictly against the State and liberally in favor of the defendant. Goings, supera citing State v Jones 899 SW 2d 126. The court heard testimony of current Nodaway County Sheriff Davis White that it was his understanding that Petitioner was held on both Involuntary Manslaughter and the prior Misdemeanors. Additionally the Court notes that in Petitioner's Exhibit #3, the Nodaway County Sheriff's office listed the offense from 7-30-07 to 01-02-2008 as time served for "involuntary manslaughter." Therefore the court finds and believes that Petitioner's 156 days were related to the Involuntary Manslaughter charge and pursuant to Section 558.031 he is entitled to credit thereon. Court costs are taxed against Petitioner. It is so Ordered. Petitioners Attorney to draw proposed Order. (WLM)
Docket Entry: Judgment Entered
Basically it means he will be released 156 days early. His new release date is now January 7, 2012. A full four years out of the 6 year sentence will not be spent behind bars.
I am at a loss today. I feel like the justice system just said that her life is not worth the full sentence. It feels like a gut-shot and I don't know that there is any way to fight it.
How much more injustice do we have to experience? When will the laws work for the victims instead of in the offender's favor?
I am just in tears.