Ben Salango
The brutal slaying of 23-year-old Ukrainian refugee Iryna Zarutska on a train in Charlotte sent shockwaves across the United States. The murder shed light on a broken criminal justice system that seemingly cares more about criminals than crime victims. That’s particularly true in West Virginia, where a person convicted of first-degree murder with mercy is eligible for parole in a meager 15 years.
Fifteen years. That is the same amount of time many of us spend raising a child from kindergarten through high school. It is not even the length of the most common home mortgage loan. It cannot be denied that a period of 15 years in prison — when an innocent life has been deliberately and savagely taken — is woefully inadequate and cannot be considered “justice.”
Even liberal leaning states like California, Delaware, Rhode Island, New York, and Maine have minimum sentences for first-degree murder of 25 years. Tennessee and Puerto Rico have mandatory minimums of 51 and 99 years, respectively. In fact, West Virginia’s mandatory minimum of 15 years is the most lenient prison sentence in the United States for a first-degree murder conviction.
West Virginia must re-evaluate its priorities and stop favoring murderers over murder victims.
15 Years is an Injustice to Families
For families of victims, the thought that the person who murdered their loved one may walk free in such a short time is a cruel, secondary punishment. Fifteen years is not accountability — it is a slap in the face that undermines the seriousness of our most severe crime. While parole boards have discretion, the very possibility of parole in such a short period of time erodes public confidence in the justice system. Murder — the intentional taking of another’s life — should carry harsher minimum sentences.
Aligning Law with Justice
West Virginia must increase the mandatory minimum sentence for first-degree murder when a jury recommends mercy. Raising the minimum sentence to 35 years would strike a balance and bring West Virginia in line, or ahead, of other states. It is absurd that in Pennsylvania, a conviction for second-degree murder results in life without parole, while just across the border in West Virginia, someone convicted of first-degree murder can become eligible for parole after only 15 years.
Protecting Families and Communities
Parole hearings are difficult for the families of murder victims. When family members speak at parole hearings, if they are even permitted to speak, they relive the horror of the loss. It reopens wounds and keeps families from healing. Extending parole eligibility to 35 years would give families decades of peace before facing their worst nightmare — that the person who murdered their loved one may be set free. Increasing the mandatory minimum sentence for first-degree murder would also keep violent offenders off our streets and send a clear message that West Virginia values life and will stand up for murder victims.
A Call to Lawmakers
I respectfully encourage the West Virginia Legislature to look at this issue and send a clear message: West Virginia will not favor murderers over murder victims and their families. Justice and fairness require that we raise the minimum parole eligibility from 15 years to 35 years. By doing so, West Virginia can better honor victims and protect families.
Salango is a Charleston attorney and president of the Kanawha County Commission.
