Are Penalties Strong Enough for Assault Crimes? | Jackson Free Press | Jackson, MS

Are Penalties Strong Enough for Assault Crimes?

TUPELO, Miss. (AP) — Authorities say a recent attack in north Mississippi on a woman who was beaten, bound and set on fire has renewed discussions on sentences for assault crimes.

Lee County Sheriff Jim Johnson tells the Northeast Mississippi Daily Journal (http://bit.ly/PZCwW6) that investigators believe the woman's assailants thought she was dead.

Johnson said had she died, the suspects could have been charged with murder, or possibly capital murder. However, Johnson said since the woman was able to roll the fire out and somehow make her way to a nearby house, the suspects received lesser charges.

Christopher Mink, 40, of Baldwyn, is charged with kidnapping, aggravated assault and third-degree arson. A second, Cherie Clark, 40, of Baldwyn, is charged with aggravated assault and kidnapping. Both are being held in the Lee County jail.

Johnson said the victim is recovering at an undisclosed location.

"When you look at aggravated assault, whether they broke her arm or she's in the shape she's in now, it's the same penalty," Johnson said. "That's a lot to play with."

District Attorney Trent Kelly said he and other prosecutors are talking with legislators about penalties for murder, manslaughter and aggravated assault.

"There are conversations like attempted murder we've been having for six months of so," Kelly said. "I think an attempted murder statute would be helpful."

Johnson said a law that based on aggravated assault or attempted murder penalty on the extent and duration of a victim's injuries would be something he would like to see.

"If it's a broken arm that looks like it will heal, that's one thing," Johnson said. "But if you lose some means of ability or eyesight or hearing - if you're losing that, I think the aggravated assault should have a different minimum for loss of quality of life sustained, based on the longevity of the injuries."

The sentence is determined by the judge.

In the case of kidnapping, if the jury agrees on a life sentence, the suspect receives a life sentence; but if they find the suspect guilty and can't agree on a life sentence, the judge can give the suspect between one and 30 years.

The evidence against Mink and Clark is to be presented to the next Lee County grand jury.

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