Jerry Active, an Alaska Native man from the Dillingham area was sentenced this past week to 359 years in prison for some horrendous crimes -- the murder of two adults and sexual assault of a toddler. While I did not actively practice criminal defense law, I did take a number of misdemeanor cases and one felony and can say that it is difficult to practice criminal law. Fair trials are not the norm, emotions run very high and, regardless of punishment meted out, in cases like Mr. Active's, the damage to people has already been done.
Born on December 29, 1988, this man is younger than my daughter and older than my sons. In 2004 and 2005, his court records show three encounters with the law in Dillingham, AK, for underage alcohol use. He had a DUI or driving offense involving alcohol or drugs when he was 15 years old. As he aged, his criminal record started to involve Petitions to Revoke, or an effort by prosecutors to recapture more lenient treatment because of additional actions in violation of conditions of release or probation/parole.
At this point, I know that the system is struggling to deal with him and is relying on the only resources they have -- more punitive acts. He engages in a felony when he turns 18. As typically happens, the prosecutor files 16 charges, many to revoke parole. PTRP. I see it a lot when I look at court records. As a very young man with alcohol crimes as a minor, he receives an SIS (Suspended Imposition of Sentence). An SIS is negotiated in cases where the defendant shows some potential for rehabilitation. There are a number of filings by the prosecution for PTRP, which indicates they are trying to get the young man to comply with treatment and behavior requirements, but without much success.
Then he commits a felony theft of vehicle when he is 19 years old. At 20 years old, he is convicted of breaking into a home, attacking three adults and attempting to sexually assault a minor. In 2012 he is living in Anchorage and charged with giving false information to and interfering with a police officer. Given his record of alcohol abuse, it's almost guaranteed he was drunk during every offense, perhaps to the point of blacking out and not recalling what he did.
I have seen police reports where offenders had blood alcohol levels above .30 and appeared to speak coherently (at least through a transcript). I saw a video of a young mother with a .33 blood alcohol level and while she was obviously impaired, she did not seem incoherent. Blackouts start to occur at .14 and are very likely at .20. Blackouts are not a defense to committing a criminal act in most states if they happen because of voluntary intoxication. Mr. Active was undoubtedly an alcoholic at this point, and unlikely to remember what happened. He still maintains he is innocent of the charges.
In the wake of a severe alcoholic like Mr. Active are left people severely damaged for life. The Alaska attorney general discussed the likelihood of mistakes made when releasing Mr. Active from jail. And they are currently being sued by the tragically harmed family and the estates of the two victims. Stories from all over the U.S. write about the monster that murdered two people and rapes a toddler. Yet Mr. Active was at one time a toddler himself. Something happened to him that led him to alcohol use, then abuse and finally on a downward spiral that severely impacted uncountable numbers of people.
And for society in general, we have great fears that we are right to have. Our police and criminal justice system do not always protect us. So now Mr. Active is put away for a very, very long time. He has cost society a lot. It will ultimately cost us millions of dollars in police time, prosecutors, defense attorneys, judges, support staff, probation and parole staff, corrections and medical services. If Mr. Active has high ACEs, as I suspect he does, his medical care will be quite expensive.
I could not find much about Mr. Active's upbringing. Sometimes I can find information that helps me understand the depth of trauma experienced by a convicted felon. Parental divorce, parental DUI, parental domestic violence. But I don't know the name of Mr. Active's parents. But from what I can see from his record, he was on a trajectory to some very bad outcomes, and despite early efforts from the criminal justice system, he was not able to find help. Effective alcohol programs and behavioral health counseling are not widely available to residents of rural Alaska.
Mr. Active displayed many of the symptoms of adverse childhood experiences. I would not be surprised if he had all 10 of the studied ACEs. We have had to deal with the symptoms, but we are not yet at the point where we have learned how to effectively intervene and change the downward trajectory.
In Alaska, we are beginning to have conversations about ACEs, but not yet about effective healing. So far, the discussions are about becoming "trauma informed" and providing more behavioral health and treatment services. I am pleased that we are having the conversations, but we have not yet progressed to knowledge among our leaders.
A friend of mine was a candidate for election as mayor of Anchorage. He and his fellow candidates were asked about ACEs, and he had no knowledge of it. When I brought Dr. Vincent Felitti to Anchorage in 2011 to speak to our tribal members at Chugachmiut, I asked the commissioner of Health and Social Services to find other speaking opportunities for him. It was fortunate that a Domestic Violence Conference was going on at the same time, and Dr. Felitti was able to speak to hundreds of Alaskans about the ACE Study. Four years later, we still have politicians who have little awareness of developmental trauma and its huge societal effects. And while we have increasing knowledge among our healthcare providers, we have not yet developed effective services.
Since 2011, I have formulated my own hypothesis about assessing the depth of developmental trauma among patients and clients, and developing a healing protocol. I have spent considerable time advocating for greater, in-depth discussion of it, or alternative healing healing hypotheses. We spend a lot of time discussing symptoms of ACEs, but precious little time on healing systems.
I believe we can identify and help future Mr. Active's. He has already caused his damage. We need to educate our politicians about ACEs and let them understand that symptoms are real and can cause great damage. We need to encourage greater systemic review of the huge costs that accrue to society when a Mr. Active is not helped early. We need to identify alternatives to the criminal justice model of dealing with underage alcohol. It doesn't work.
If you have read this far, thank you. Because I have seen this type of scenario play out so many times, including in my own family, I am hungry for some type of reasoned action. We need to elevate the conversation, and you can be a part of it.
Comments (8)