A Just Sentence for a Reformed Man

My husband, Malcolm Hines, is a 40-year old African American man raised in the DC metropolitan area.  He is loving and supportive husband, a compassionate father and a shrewd businessman who puts God above everything in his life.  He has a giving heart and a smile for everyone that crosses his path.  My husband is also an ex-felon who served approximately eight years in prison before being released in December of 2007.  Upon release, he returned to DC and followed his dream and opened City Beats Shoe Store in the southeast quadrant of DC.  Southeast DC (specifically Ward 8) is a part of the District of Columbia that has the highest crime rate in the city.  Malcolm started City Beats with a desire to revitalize the neighborhood and offer employment opportunities to young people in the community. He began his business with lots of determination and one style of tennis shoe. Since that time, his business has grown exponentially.   Because the business has been so successful my husband has been able to give back to the community.  He provides jobs to people in the community, scholarships to the local high school and science fair awards for the local elementary school.  He also serves as a mentor to young black men in the community and donates to homeless shelter regularly. 

On October 14, 2011, my husband was found guilty of 3 offences:

Unlawful possession of a firearm
Unlawful possession of ammunition
Possession of an unregistered firearm

At this time my husband faces up to 10 years (minimum of 3 years) in prison because a shotgun that was to be used for protection was found in the stockroom of the store. Ward 8 (which is the area of DC that the store is located in) is absolutely crime ridden.  My husband has been robbed at gun point 2 times in the past 12 months and the store has been burglarized at least 3 times in the past 18 months.  My husband faces this time not because of his present circumstances but because of his past.  It is my understanding that the law states that a person convicted of a felony cannot be around a firearm under any circumstances.   For him to be found guilty, the prosecution only needed to prove that he knew that the gun was in the store.  That the gun was legally purchased by and registered to another store employee was of no consequence.   

But for his past, the aforementioned crimes would be nonexistent or misdemeanors.  In our society the ideal scenario in cases of convicted felons is that they first are held responsible for their crime, accept responsibility for wrongdoing and are then released with the hope that they have learned from past mistakes are committed to changing their lives and positively impacting their community. My husband has made it his life's mission to positively impact his community, to mentor youth and offer employment opportunities to those in need. He is a shining of example of rehabilitation gone right.  Even if we were to accept everything that the prosecution alleged, to punish him so severely for attempting to protect himself and his property is a serious miscarriage of justice. 

My husband is a loving and kind man with a heart of gold.  At this time we are asking that you sign our petition to support our plea to have the judge give my husband a lenient sentence so that he can continue to support his family and positively impact our community.

 Malcolm Shabazz Hines is a 40-year old African American man raised in the DC metropolitan area.  He is a businessman, loving husband, supportive father and ex-felon who served approximately eight years in prison.  Malcolm was released from prison in December of 2007 and was placed on probation and parole. Upon release, Malcolm returned to DC and opened City Beats Shoe Store in Ward 8, located in the southeast quadrant of DC with the highest crime rate in the city.  Ward 8 is an impoverished area in DC and is lacking quality shopping and dining facilities.  Malcolm started City Beats with a desire to revitalize the neighborhood and offer employment opportunities to young people in the community. He began his business with one style of tennis shoe. Since that time, his business has grown exponentially.  He recently opened a second store in NW, Washington, DC and offers over 40 different styles of running/tennis shoes.   Because the business has been so successful my husband has been able to give back to the community.  He provides jobs to people in the community, scholarships to the local high school and science fair awards for the local elementary school.  He also serves as a mentor to young black men in the community and donates to Mitch Snynder Homeless  shelter monthly. 


On March 28th of this year an incident arose in the SE store and as a result Malcolm was arrested. As you know, October 13, 2011, Malcolm was found guilty of 3 offences:


Unlawful possession of a firearm


Unlawful possession of ammunition


Possession of an unregistered firearm


It is our understanding that Malcolm faces up to 10 years in prison because of the shotgun found in the store.  Ward 8 is absolutely crime ridden.  Malcolm has been robbed at gun point 2 times in the past 12 months and the store has been burglarized at least 3 times in the past 18 months.  Most recently, only two days after Malcolm was found guilty the gas station across the street from the southeast store was robbed and the attendant/owner who was a friend to Malcolm was shot and killed. Less than a week later in the same community a metro bus passenger was shot and killed (http://www.washingtonpost.com/local/two-arrests-in-rash-of-dc-killings/2011/10/21/gIQAyuQj4L_%20story.html).  Malcolm faces this time not because of his present circumstances but because of his past.  Malcolm has been a model citizen since his release in 2007.  He has never violated any parts of his parole, probation or house arrest orders.  He also doesn't drink, smoke or use any drugs. He works 7 days a week, pays his taxes regularly and provides for his family. It is our understanding that if it were not for his past record, the aforementioned crimes would be nonexistent or considered misdemeanors.


Malcolm will come before you for  sentencing on December 9th and at this time we are asking if you would please have mercy on him and consider reducing his sentence below the mandatory minimum 3 years or allowing him to serve his time in a halfway house, under house arrest or perhaps as a part of some sort of work release program.    While Malcolm  has a criminal past, he is a reformed man and has made tremendous strides in turning away from his past and making a difference in his community.  We are convinced that if you were to take his present into consideration, you would find that the potential sentence is unjust.


In our society the ideal scenario in cases of convicted felons is that they first are held responsible for their crime, accept responsibility for wrongdoing and are then released with the hope that they have learned from past mistakes are committed to changing their lives and positively impacting their community. Malcolm has made it his life's mission to positively impact his community, to mentor youth and offer employment opportunities to those in need. He is a shining of example of rehabilitation gone right.  Even if we were to accept everything that the prosecution alleged, to punish him so severely for attempting to protect his property is a serious miscarriage of justice.


Thank you in advance for your time and consideration.  Should you have questions or need additional information please don't hesitate to contact us.  We can be reached by telephone at 240-752-2679 or email (citybeatsdc@yahoo.com).

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