Omar Alvarez has been incarcerated for 18 years.  Omar was convicted in 1996 of Conspiracy in the first degree to sell large quantities of crack cocaine, Murder in the second degree, and various charges sounding in criminal activity derived from a charged membership in a drug gang when he was 19 years old. He was sentenced to an aggregate prison term of from 66 and 2/3 years to Life by the Honorable Leslie Crocker Snyder in New York State.

            In 1990 at the age of 16, Omar returned to New York from studying at a Military Academy in the Dominican Republic.  He lived in the Manhattan Valley area of New York City encompassing 105th Street and Columbus Avenue close to where a drug gang known as “YTC” (Young Talented Children, or Yellow Top Crack) operated.  He developed a positive work history working part time but in the summer of 1993, three years after his return to New York, he started to hang out with and sell drugs for members of YTC.    In November of 1993, Omar was involved in a gunfight with two individuals against three other individuals, that unbeknownst to him led to the death of a fourteen year old boy.  In January of 1994, Omar enrolled himself in Boricua College but in June of 1994 Omar was arrested.   In 1995 when Omar was 20 years old, he was tried and convicted and in 1996 he was sentenced to Life in prison.  Omar has been housed in Auburn Correctional Facility since then.  

            Assuming he was guilty of all crimes charged, it has been extremely difficult to understand why he received the maximum sentence that could have possibly been given for his crime when many of his charged co-conspirators (48 of them) who were indicted for several intentional murders (over five of them was charged with murder in furtherance of a drug gang including Omar) did not receive even half of his cumulative sentence.   Fortunately for them they were able to provide assistance to the prosecution and offer assistance that Omar couldn’t have had given because of his minimal participation in selling drugs. Omar wasn’t involved in their turf wars or the intentional murders of their competitors nor was he involved in any major drug transactions necessitated to further the goals of said drug gang.    Most importantly the trial record supported that the murder Omar was charged with had absolutely nothing to do with drugs.  It was of no consequence for Omar to serve as a witness because he didn’t have the requisite knowledge to be an effective one. The drug gang Omar was alleged to be a member of was established in 1989.  The founders of YTC were offered and received 15 to Life and 10 to 30 years respectively and the lieutenant of YTC, was offered no charges in exchange for his assistance to the prosecution before and during trial. They were indicted for several murders.    They were given a second chance at life despite the crimes they’ve admittingly committed.

            Omar had a good education growing up and motivation to aspire to be a productive member of society. His remorse and his ability to have never involved himself in unlawful acts again even in such a harsh environment as prison in 18 years makes the gross disparity from his sentence to those involved unexplainable. One of the shooters involved in the murder Omar was charged with, who since has been released from prison, was a given a sentence of from 8 1/3 to 25 years to life.  Yet, Omar received the maximum sentence for that act when there was mitigating circumstances not available to his codefendants that could have justified a lesser sentence for Omar even after a conviction.  Omar and I were raised in the same neighborhood so I’ve known him practically all of my life.

            When I promised Omar I will help I was not fully aware of how impossible it is to get him relief.  I also did not appreciate the ramifications I will endure by involving myself romantically with him. I have to be honest and must state that while I was 25 at the time I made the decision to marry him, I’m not sure now at the age of 30 that it was a wise decision. That decision led to our beautiful four year old daughter who everyday I look at and ask myself if one day she would blame me and be angry with me for deliberately bringing her into this world with a void that she might have to live with for the rest of her life if not for a commutation of Omar’s sentence.    I faced and still face admonitions for involving myself romantically with Omar. However, deep down in my heart then and now I believe I engaged in a meaningful sacrifice.  I have to work harder than most to achieve the things in life I believe most should obtain such as a stable and lucrative career, and a tight knit marriage with beautiful, happy, well educated children.  But I’m saddened by the fact that I can’t explain how I was able to get a second chance at life, and those that should have been held accountable for terrorizing my neighborhood got a second chance at life but a man who could prove he deserved a second chance at life despite his mistakes, didn’t and may never will, if not for the mercy of a commutation of his sentence. 

            My interest in sacrificing my life to help Omar is not entirely as a result of my romantic feelings for him. It is about being part of a fair society in which I benefited from.  I have a responsibility to society and to my kids to show others that we cannot allow our obstacles and our hardships to determine our lives. We have to keep going and educate ourselves so that our kids can live well and enjoy life.  I was given the opportunity by the State to be aware of and exercise upward mobility and be a great contribution to society in the many roles I play: wife, mother, student, employee and sibling despite the many mistakes I made during my early teenage years because I was helped. I’ve learned that we must accept that things aren’t always fair because wishful thinking aren’t plans and we must have plans to give quality to our lives. But we also need help.   I’ve learned to work hard to achieve the things I want in life and not sympathize with those who choose not to. But most importantly, I am able to continue to act upon what I’ve learned with Omar’s motivation and emotional support because that is help.  Now its time for Omar to be helped.   

                         While Omar and I have to endure the severity of his crimes we would rather an opportunity to embrace our obligation to give back to society by raising our children with the abilities to overcome the hurdles that are presented in life and showing society how we can do it.  A prison term of 25 to Life is just.  Omar Alvarez has been incarcerated for 17 years and received only one violent disciplinary ticket in which he had a fight with the use of no weapons.   It is without a doubt that Omar would pose no danger to society and contribute to it.

            Omar’s conduct in prison for the last 17 years has demonstrated that he has utilized this time to correct himself and to completely accept and understand his wrongdoings.  A sentence of 25 years to life can allow Omar to give back to society and to completely overturn his life.  A prison term of 66 years to life is grossly excessive for Omar’s participation in both the conspiracy charges as well as the murder charge.  Omar’s was sentenced to a cumulative sentence four times higher than his coconspirators who was charged with several murders. He was sentenced to a cumulative sentence eight times higher than a codefendant who was also a shooter in the gunfight Omar was involved in that led to someone’s death without any evidence that Omar was the fatal shooter.    66 years to life is grossly excessive because Omar’s character is one that can function and contribute to our society.   Months before his arrest he enrolled himself in Boricua College. Prior to returning to New York from the Dominican Republic he was a student at a very intensive American Military Academy with realistic hopes of joining the Marines and in the interim he maintained a vigorous positive work history doing part time jobs.   It was during two years of his life that Omar made poor choices and followed the wrong group of people. Unlike his counterparts, Omar had never been in prison before.

While Omar accepts the utmost responsibility for selling drugs and contributing to the nations’ problem of drug selling, Omar was a first time felony offender who was not involved in any major drug transactions or any turf wars.

Omar has completed numerous programs chronologically from his admission to prison until present. He has obtained various certificates for computer repair, volunteering, completion of alternative for violence programs as well as completion of various substance abuse programs.  Omar has also been a participant of the Family Reunion Program that allows conjugal visits with his family for four consecutive years without receiving infractions that would jeopardize the reunion with his family. The relationships he has with the prison guards are remarkably respectful.

20 to 25 years to life is greater than what most were sentenced to at that time for murder.[1]   According to the Bureau of Justice Statistics, Special Report “Truth in Sentencing in State Prisons” January 1999, NCJ 170032, the average sentence length and minimum time to be served for new court commitments to State prison in 1996 for murder was 215 months (18 years) and the maximum time to be served was 253 months (21 years.)  

            We need you to sign this petition because we need mercy.  I need mercy. My daughters deserve mercy. We need Omar home so that my girls can have both their parents in their graduations, and important milestones in their lives.  We need Omar home so that my daughters don’t feel resentment as a result of my neglecting the time I should be with them because I have to divide my time to go to school, work full time, do all the house chores, bring them to see their dad. If Omar is given a second chance at life and his sentence commuted to run concurrently or the original plea offer that was given to Omar of 20 to Life reinstated as I requested in a petition to the Governor of the State of New York for commutation of his sentence, he will most certainly be there to help our girls with their homework while I’m doing mine, help me cook dinner while I take out their clothes for the next day, help me save money and contribute to our expenses and help us become the American family that we aspire to be. Omar and I have been married for six years.  In those six years I have personally advanced a lot. My marriage is stable despite the hurdles.  Our sense of unity make our daughters smile and feel secure.  He has maintained his discipline and have remained in good standing just to not forego a conjugal visit with his family.  Through that hard work and discipline to put aside the prison politics, to be able to sustain prison overall, just to be with us uplifts me to do better. If he can do that from in prison, imagine the benefit we will reap from him if he is home.   Please sign this petition for the Governor’s consideration of Omar’s petition for executive clemency.   Please visit our website http://www.facebook.com/#!/pages/Omar-Alvarez-I-Need-You-Home/153115918078374       and like the page!!!    Thank you.

                                                                        Respectfully Yours,

                                                                        Diana

[1] Bureau of Justice Statistics Special Report Truth In Sentencing in State Prisons http://bjs.ojp.usdoj.gov/content/pub/ascii/tssp.txt