Ohio Department of Correction and Rehabilitation spokeswoman JoEllen Smith said that before his Feb. 26 arrest, Wesley’s “supervision history has been uneventful, with no sanctions or violation behavior noted. He was compliant with all of his supervision conditions.”
Wesley has been indicted by a Montgomery County grand jury in the shooting death of 13-year-old Briona Rodgers and injuring Alonta Culpepper on Feb. 24 on Home Ave. Montgomery County Prosecutor Mat Heck Jr. is seeking the death penalty.
Wesley faces four counts of aggravated murder, four counts of attempted aggravated murder, one count of aggravated burglary, one count of aggravated robbery, one count of kidnapping, one count of menacing by stalking and one count of having weapons while under disability.
Wesley was paroled from prison Sept. 4 and parole authorities said he was visited by one of their officers in December. Smith said Wesley wasn’t due for another parole officer visit until March.
“That’s shocking,” said Bret Vinocur, who wrote Roberta’s Law, which goes into effect in Ohio today to ensure victims’ families are notified and included when convicted felons are up for parole. “They’re only checking these guys every three months?”
Smith said a parole official actually made an unannounced home visit to Wesley on Jan. 15, the day after the rape allegation that did not result in charges because prosecutors did not have “sufficient evidence.” The parole officer’s visit was also the day after Wesley quit his job, but Smith said “there was no one at the residence.” Smith said no attempt was made to contact Wesley again. She also said the average case load for Ohio parole officers is 85.
Smith said that if Wesley’s parole officer would have been aware Wesley stopped working, that the behavior would have been addressed accordingly. She also said that if the parole officer had known about the police contact, the officer “would have conducted an independent investigation and responded appropriately based on the findings.”
Defense attorney Anthony VanNoy, who helped convince the parole board that family support and a job would help Wesley transition to becoming a productive member of society, hired Wesley to do general office work. VanNoy said he did not call parole authorities when Wesley stopped showing up for work.
“At that point, you just hope people will get things together and keep trying to do right,” VanNoy said. “The short answer is no, I didn’t contact them.”
Smith said: “The employer did not have an obligation to notify the Adult Parole Authority” because that responsibility to report fell to Wesley.
“The main reason you’re letting the guy go is he has gainful employment,” Vinocur said. “How can you not expect the person who is gainfully employing him to notify you? I mean, he isn’t going to call. That’s unrealistic. A parolee who absconds from a job isn’t going to call and say, ‘Oh, by the way, I wanted to let you guys know I absconded from my job.’ That’s ridiculous.”
Craig Powell, the founder and executive director of PowerNet, a Dayton-based nonprofit organization that focuses on re-entry to society for felons, said Wesley quitting his job would cause concern.
“In our organization, that would be a red flag, a big red flag, a couple flags,” Powell said. “That deserves some immediate intervention and counseling to understand what other circumstances have provoked that kind of decision because most people who are trying to make it want a job.”
Powell said some of his clients need to report to their parole officers every month and that the assessment is based on several factors, not just the crime for which the felon was incarcerated.
Smith said neither Dayton police nor the Montgomery County Prosecutor’s Office informed the parole board of the rape allegation, even though the prosecutors debated bringing charges for nearly two weeks.
“The Parole Authority’s procedures include a regular and thorough review of all publicly available criminal records as well as confidential records only available to law enforcement,” Smith wrote in an email to the Dayton Daily News.
“The Dayton Police Department made no entry in the offender’s record of its contact with him and the prosecutor filed no charges, therefore, the Parole Authority’s background check would never have been able to reveal the information that local authorities are now raising.”
The rape allegation was in a publicly-available Dayton police incident report.
Heck called the Ohio Parole Board’s decision to release Wesley “shameful” and said that if a person on parole is charged, his office lets parole authorities know. Heck said that if a person on parole just shows up on a police report, “many times we notify them.”
That notification was not made in Wesley’s case, despite the fact the prosecutor’s office was adamantly against Wesley’s release and had sent seven letters in opposition to his parole. The prosecutor’s office has denied Dayton Daily News requests for the letters.
Prosecutor’s Office spokesman Greg Flannagan said that on Jan. 18, a detective presented information to an assistant prosecuting attorney concerning the allegations of a sexual assault involving Wesley. Flannagan said the attorney requested additional investigating be done before deciding on whether felony charges were appropriate.
“On January 30, 2013, the Detective returned and presented the results of his additional investigation,” Flannagan wrote in an email to the Dayton Daily News. “The Detective and the (assistant prosecutor) reviewed the evidence available and both agreed that there was insufficient evidence to file felony charges.
“Due to the fact that felony charges were not filed, the local parole authority was not contacted by the prosecutor’s office.”
After denying Wesley’s parole efforts in 2004, 2008 and 2010, the Ohio Parole Board approved his release in 2012. The board cited “time served, improved conduct and his significant programming accomplishments” which included classes on Anger and Aggressive Management, Self Defeating Behavior, Cage Your Rage and Crime and Consequences.
The board’s spokeswoman said Wesley participated in victim/offender dialogue with the mother of Marvin Williams Jr. — whom Wesley was found guilty of murdering in 1994 — and became president of the Victim Awareness program. Smith said Williams’ brother was adamantly opposed to Wesley’s release.
The spokeswoman said Wesley ‘was able to clearly demonstrate remorse and insight into his behavior and criminal acts.” Smith said the board considered Wesley’s participation in the illegal drug trade but ultimately found that Wesley “had made an acceptable institutional adjustment” and formulated an appropriate release plan that included family support and the job at VanNoy’s office.
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