Attorneys for an Arizona man who was sentenced to life in federal prison for crimes he committed as a juvenile are pushing for his time to be cut short
Carmen Briones holds up photos of her husband, Riley Briones Jr., who is serving life in prison, on Feb. 22, 2022, in Anthem, Ariz. Riley Briones' attorneys are asking a federal appeals court for another chance to argue his sentence should be cut short based on improvements he's made behind bars since being convicted in the 1994 death of Brian Patrick Lindsay when Briones was 17. FLAGSTAFF, Ariz. — — Shortly after Riley Briones Jr.
The U.S. Supreme Court opened the door for that possibility with a 2012 ruling that said only the rare, irredeemable juvenile offender should serve life in prison. Over the past decade, most of the 39 defendants in federal cases who received that sentence have gotten a reprieve and are serving far fewer years behind bars.
They had planned the robbery to get cash for guns, prosecutors wrote in court documents. They weren't able to open the cash register but took a bank bag with $100 and the food the dying clerk had prepared. Briones was arrested at his home in 1995. Along with murder, he was convicted of arson, tampering with a witness and assault with a dangerous weapon. Three of his co-defendants were sentenced to life. One cooperated with prosecutors and received a lesser term.Bennit Hayes can't imagine that version of Briones, whom he served time with at the federal prison in Beaumont, Texas.
“Riley made that decision,” said Carmen Briones, who is enrolled Pascua Yaqui. “He said, ‘I have to have a different life. I can’t have the same life I had before.’" “Taking a life is really, really serious, and I don’t belittle that at all,” said Mary McCord, executive director of the Institute for Constitutional Advocacy and Protection at the Georgetown University Law Center, one of the signatories. “But a full life in prison when you’re a juvenile and you’re talking about 40, 50, 60 years in prison is exceedingly excessive probably in almost every case and not consistent with typical sentences for homicides, even adults.”A decision in the 9th U.S.
“If the facts of the crime are always going to be the overpowering force, then Miller isn't going to be meaningfully interpreted to outweigh all this positive growth,” said Rebecca Turner, who tracks the federal cases for the group.The federal court in Arizona has resentenced more of the juvenile offenders to life in prison than any other state. Texas has two juvenile offenders who are serving life but weren't able to be resentenced because of how courts interpreted Miller v. Alabama.
The other Arizona defendant, Johnny Orsinger, is serving life for the deaths of four people in two incidents when he was 16. Orsinger, who is Ute and Mexican, also committed the crimes on the Navajo Nation, which spans parts of New Mexico, Utah and Arizona.
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