Bobby Bostic

Bobby Bostic (born January 5, 1979) is a convicted felon serving a sentence of 241 years in Missouri. On December 12, 1995, Bostic, aged 16, along with 18-year-old Donald Hutson robbed a group of people in Missouri at gunpoint, and shortly thereafter robbed and briefly detained a woman in her car. The pair were caught later that day. Hutson was offered a plea deal and accepted 30 years in prison. Bostic rejected the same offer and elected to go to trial. He was given a sentence of 241 years by Judge Evelyn Baker, making him eligible for parole when he is 112. Bostic is serving the longest sentence in Missouri given to a juvenile for non-homicide offenses.

Bobby Bostic
Bostic in 2019, in the visitors room at Jefferson City Correctional Center
Born
Bobby Bostic

(1979-01-05) January 5, 1979
NationalityAmerican
EducationMissouri State University
Criminal statusIncarcerated
MotiveFinancial gain
Conviction(s)Robbery, armed criminal action, assault, kidnapping
Criminal penalty241 years
Websitefreebobbybostic.com

Bostic's case attracted considerable media attention in later years, due to changing laws regarding life-sentences for children, and the severity of his sentence. Judge Baker later stated she regretted giving Bostic the sentence, and actively supported his appeal to the Supreme Court of the United States, along with Ken Starr, Sally Yates, Donald B. Verrilli Jr. and over 100 current and former judges, prosecutors and law enforcement officers. In April 2018, the Supreme Court denied Bostic's appeal. As of May 2020, a petition with bi-partisan support was under submission to Missouri Governor Mike Parson, asking to give Bobby clemency. Bostic is incarcerated at Jefferson City Correctional Center.

Background

Bostic was born in St Louis, Missouri and has three siblings, an elder brother and sister and a younger brother. Bostic states his father was not present during his childhood and he had no male role models.[1] Bostic's family was financially unstable, and they were often "technically homeless" and staying with relatives.[2] He reportedly started drinking and smoking at age 10, using marijuana at 12 and PCP at 13. Bostic began stealing cars around this age. He graduated from junior high but dropped out shortly after commencing high school.[1] His younger brother was shot and paralyzed when Bostic was 15; he has since died.[3] When he was 16, Bostic was on probation for assault. He also had other arrests for which he had yet to be prosecuted.[3] At one drug-related conviction he was legally assessed as being an adult.[4]

Crime and sentencing

On December 12, 1995, Bostic had been drinking and smoking marijuana and PCP with his friend Donald Hutson. When a female friend told them she had been assaulted, the two retrieved firearms and went to confront her alleged attacker; the confrontation was resolved without gun violence. Upon leaving the area, Bostic and Hutson noticed a group of six people alongside a truck packed with items. The group was delivering donations to a needy family for Christmas. Bostic and Hutson formed the idea to rob the group immediately, confronting them with their guns drawn, demanding money from a man. When the man refused, Bostic shot at him; the bullet grazed him, after which he surrendered $500. They also took a wallet from another man in the group and a leather jacket from a woman in the group.[1]

Bostic and Hutson then attempted to go to a friend's house nearby, though she would not let them stay with her. Instead, they went back out into the street, immediately carjacking a woman. They detained the woman in the car while they drove off, robbing her of her coat, earrings and purse; Hutson also groped her breasts.[1] In court, the woman testified she thought Hutson was going to rape her, though Bostic, who was driving, intervened and stopped him.[5][6][7] The pair ejected the woman from the vehicle shortly thereafter. They were arrested about an hour later.[1]

Four months later, Bostic was offered a plea deal of 30 years in prison, though turned it down on the advice of relatives and the belief the eventual sentence could not be worse than the terms of the plea deal. He instead elected to go to trial, later saying "I knew I was guilty of the case, but I always thought I had a better chance with the jury. As a 17-year-old, I still wasn't thinking clearly." Bostic was found guilty of 17 charges, including eight of armed criminal action, three of robbery and one of kidnapping. The judge, Evelyn Baker, ordered his charges run consecutively giving him 241 years in prison and the possibility of parole at 112.[1] Bostic is serving the longest sentence in Missouri given to a juvenile for non-homicide offenses.[2][3]

Hutson accepted a 30-year plea deal and was sentenced to such by judge Baker. He later stated he had been the main instigator of the attack and that Bostic was following his lead, adding that he deserved a longer sentence than Bostic.[2][3] One of the victims testified in court that Bostic "just stood there looking stupid" for most of the robbery.[7] Hutson would have been eligible for parole in 2020,[3] though died of a drug overdose in custody in September 2018.[8]

In the 2010 case of Graham v. Florida, the Supreme Court of the United States ruled it is unconstitutional to sentence children to life-imprisonment without parole for non-homicide offenses. In 2016, the court ruled that this law should be applied retroactively. Bostic's case, however, was not affected by these changes, as technically he has not been sentenced to life in prison, rather he has been sentenced to 241 years with a possibility of parole in "extreme old age".[1] The penalty has been described as a "de facto life sentence", separated only from an actual life sentence by legal distinction.[3]

Scientists have discovered so much about brain development in the more than 20 years since I sentenced Bostic. What I learned too late is that young people's brains are not static; they are in the process of maturing.

Evelyn Baker, in a 2018 Washington Post opinion piece she wrote about regretting her sentencing of Bostic.[9]

In 2017, the American Civil Liberties Union lodged an appeal of Bostic's case to the Supreme Court.[10] The case received signatures and statements of support from people including Ken Starr, Sally Yates, Donald B. Verrilli Jr., and over 100 current and former judges, prosecutors and law enforcement officers.[9] Among those campaigning for his release was Evelyn Baker. Baker, who retired in 2008 after a 25-year career as a judge, states Bostic's sentence is the only one she regrets giving; Baker believes a 30-year sentence would have been appropriate.[1][11] However then Missouri Attorney General Josh Hawley defended Bostic's sentence, saying it did not violate the Constitution's ban on cruel and unusual punishment.[9] In his official response to the appeal, he urged the court to uphold Bostic's sentence.[12]

In April 2018, the Supreme Court rejected Bostic's appeal without giving a reason for doing so.[13] Attorney general of the District of Columbia Karl Racine subsequently co-wrote an article criticizing the court's decision and calling for juvenile sentence reform.[14]

In January 2020, a bill sponsored by Missouri House of Representatives member Nick Schroer and co-sponsored by member Barbara Washington was introduced, which if passed would have given people sentenced as juveniles greater opportunity for parole; Bostic was mentioned by name in the introduction of the bill as a prisoner who would be affected by its passing. A separate petition asking Missouri Governor Mike Parson to grant Bostic clemency was launched around the same time, and gathered around 50 signatures from both Republicans and Democrats.[15] The bill, which had strong bi-partisan support and had been expected to pass, was never debated due to the COVID-19 pandemic. As of May 2020, Bostic's only chance of release is the clemency petition being approved by Governor Parson.[16] None of Bostic's victims are opposed to him being given parole or clemency,[17] and some have written letters of support for his release.[18][16]

Personal life

While in prison, Bostic completed a General Educational Development, an associate degree and over 30 rehabilitation classes and programs.[15] He has completed courses from Adams State University and Missouri State University.[1][7] Bostic is a published author,[16] having written poetry and other non-fiction books.[1]

References
  1. Amos, Owen (March 18, 2018). "The teenager sentenced to 241 years in prison". BBC News. Archived from the original on May 30, 2019.
  2. Segura, Liliana (February 10, 2018). "Retired Missouri Judge Who Sentenced Juvenile to 241 Years: "I Hope He Gets Out"". The Intercept. Archived from the original on April 10, 2018.
  3. Mann, Jennifer S. (August 10, 2014). "Life sentence reform for juveniles may pass by St. Louis robber serving 241 years". St. Louis Post-Dispatch. Archived from the original on August 28, 2018.
  4. Bryan, Bill (December 14, 1995). "Two teenagers charged in attack on donors". St. Louis Post-Dispatch. Archived from the original on August 8, 2018.
  5. Murphy, Doyle (December 21, 2017). "Bobby Bostic, Sentenced as a Teen to 241 Years, Appeals to U.S. Supreme Court". Riverfront Times. Archived from the original on March 8, 2019.
  6. Pruitt, Sharon Lynn (March 23, 2018). "Even The Judge Who Passed The 241-Year Prison Sentence Is On Bobby Bostic's Side". Oxygen. Archived from the original on July 12, 2019.
  7. Murphy, Doyle (January 26, 2018). "Former Judges, Prosecutors Rally Around Missouri Inmate Bobby Bostic". Riverfront Times. Archived from the original on January 26, 2018.
  8. Farzan, Shahla (August 12, 2019). "Missouri Inmates Are Overdosing On Drugs. How Are They Getting Them?". KCUR-FM. Archived from the original on August 12, 2019.
  9. "Missouri defends 241-year prison sentence for 16-year-old". CBS news. March 16, 2018. Archived from the original on March 16, 2018.
  10. Rivas, Rebecca (December 28, 2017). "U.S. Supreme Court accepts ACLU brief on juvenile case". The St. Louis American. Archived from the original on December 28, 2017.
  11. Baker, Evelyn (February 13, 2018). "I sentenced a teen to die in prison. I regret it". The Washington Post. Archived from the original on July 11, 2019.
  12. Barnes, Jenna (April 23, 2018). "Supreme Court denies appeal of STL man sentenced to 241 years for crimes he committed as a teen". KSDK. Retrieved July 11, 2019.
  13. "Supreme court upholds teenager's 241-year prison term". BBC News. April 24, 2018. Archived from the original on November 8, 2018.
  14. Racine, Karl; Krinsky, Miriam A.; Bilchik, Shay (July 9, 2018). "Why are we sentencing juveniles to die in prison? The Supreme Court dropped the ball". USA Today. Archived from the original on August 9, 2019.
  15. Greer, Cameron (January 21, 2020). "Bipartisan group of lawmakers band together to push for parole changes for minors". The Missouri Times. Archived from the original on January 24, 2020.
  16. "Missouri prisoner sentenced to 241 years as a teen seeks freedom. Will Gov. Parson act?". The Kansas City Star. May 18, 2020. Archived from the original on July 19, 2020.
  17. Hauswirth, Brian (January 22, 2020). "Retired Missouri judge: "Justice cries for Bobby Bostic to be released"". Missourinet. Archived from the original on June 22, 2020.
  18. Zotos, Alexis (January 20, 2020). "Bipartisan effort underway to free St. Louis man sentenced to 241 years as a teenager". KMOV. Archived from the original on July 19, 2020.
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