Michael Lewis, age 37, has a lengthy rap sheet, and his latest offense was a first-degree murder conviction (he shot the victim half a dozen times at close range) in August 2022 for which he received a sentence of 75 years to life. During previous periods of incarceration, "Lewis had numerous rules violations, including for fighting, participating in a riot, failing to respond to notices, delaying a peace officer, disobeying orders, battery on a peace officer, and battery with a deadly weapon."
Not someone you'd facially be likely to let out of prison anytime soon, right?
But Mr. Lewis was also recently diagnosed with ALS, and according to the doctors, his particular case is "pretty rapidly progressive.” At the time of his compassionate release hearing in August 2023, the doctor testified that "Lewis is dependent on medical staff to 'do everything for him.' Lewis requires assistance in eating, showering, and using the bathroom. He is able to walk short distances but experiences some weakness in his legs. Because of the lost functionality of his arms, Lewis is 'very unsteady' walking, so he occasionally falls. He fell the week before the hearing. Staff transport Lewis to appointments by wheelchair. Given the rapid progressivity of the disease and Lewis’s weakness, Dr. DiTomas opined: '[T]here’s just no way [Lewis] could cause harm to somebody. You just have to push him a little bit, and he’s going to fall over. There’s no way for him to protect himself.'” The doctor also testified that Mr. Lewis was about to fully lose his ability to speak in about a month, and “would not be surprised if he died in the next six months. And [she] would be surprised if he lived a year." Finally, "Dr. DiTomas observed that during the couple of months that Lewis had been in her unit he had 'been incredibly respectful, appreciative of care,' and the staff supported him."
The trial court denied compassionate release on the grounds that Mr. Lewis was still a serious danger to the community. The Court of Appeal reverses and orders him immediately released.
The original opinion was unpublished, and rendered on January 3, 2024. It was published today. It'd be interesting to find out what Mr. Lewis' condition is today -- I tried a little to find out, but couldn't discover anything online. Sixth months after his hearing in August 2023 was close to the same time the opinion was issued, so I suspect that he lived at least that long. It's now been almost eight months since the hearing, and the doctor said she'd be "surprised" if he lived a year. Presumably he's still alive, and since I can't find any reports of any crimes he's committed, I presume the Court of Appeal is right -- thus far, anyway -- that he's at least not an obvious recidivist at this point.
Lots of people, I suspect, would think that spending only a year in prison for first-degree murder was way less than necessary. Others, I believe, would understand and agree with letting this particular person out to die on his own.
Your call?
