Judge Considers Shortening Sentence of Convicted Murderer

By Rudy Malcom [former] - August 2, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A 20-year-old suspected gang member was arrested for first-degree murder in November 2006. Nearly 15 years later, on Aug. 2, he testified to the “growth and development” he has experienced while incarcerated.

Baltimore City Circuit Court Judge Julie R. Rubin said she would consider shortening his sentence.

Baltimore resident Stephon Wallace is currently serving a life sentence, suspending all but 40 years, for fatally shooting Sheldon Lee Anderson Jr. on July 1, 2006, on the 2700 block of Edmondson Avenue. Wallace, 35, was also sentenced to a concurrent five years for handgun charges, according to the Baltimore Sun.

During a remote collateral hearing on Monday, defense attorney Catherine Flynn said her client is “doing everything he can to better himself.” She said he has received various certificates while in prison for adult learning, community service, and children’s advocacy. 

Wallace will become eligible for his first parole hearing in 2026. However, Flynn argued that further punishment would be unnecessary because the defendant has already “achieved a level of rehabilitation.”

She asked the court to change her client’s sentence to either life, suspending all but time served, with five years of supervised probation, or life, suspending all but 30 years, with supervised probation and the possibility of parole upon release. 

The defendant then offered his “sincere apologies and condolences” to the victim’s family. Now a practicing Muslim, Wallace said he’d lacked spiritual guidance at the time of the incident.

“I didn’t know who I was,” he told the court, “I really didn’t.”

Since being incarcerated, he claims to have become “more knowledgeable about human nature and how to be a productive member of society.” 

“I took these years to build my character as a man,” he said, thanking the court for the “time to reflect on my life” and “better myself for me and my family.” 

“I am on the right path,” he added.

The mother of one of Wallace’s sons testified that she has “seen the growth and change in him” over the past decade and a half. The mother of the victim also testified, saying she didn’t wish Wallace “any ill will.”

While the prosecutor appreciated the victim’s mother’s forgiveness, she said “we also care about public safety.” She mentioned the defendant’s previous criminal history, saying she worries that he would make dangerous choices once on his own again, despite his personal growth under the government’s supervision.

According to the prosecutor, Wallace would have been sentenced to life, plus 20 years, but Judge Thomas J. S. Waxter Jr. “gave him a break,” taking into account his young age and family circumstances. This sentence, the prosecutor said, was “as lenient as the court should be.”

The prosecutor said a shortened sentence would be a “bit much to ask for first-degree murder, for a life that can never be brought back.”

In response, Flynn said that if the defendant’s sentence were modified, he would not automatically be released on parole, as a hearing examiner would have to decide whether “he’s an appropriate candidate.”

Regarding Wallace’s criminal history, Flynn acknowledged that Wallace may have previously gotten a “slap on the hand” instead of a “kick in the teeth.” 

“Perhaps if people suffered more dramatic punishment at the beginning, when they were younger,” she suggested to the court, “there might be a ‘Scared Straight’ opportunity.”

Months before Anderson was killed, Wallace was on “double probation” for separate handgun and drug violations when police caught him with 18 baggies of crack cocaine, according to the Baltimore Sun. However, the drug charges against Wallace were among more than 300 cases that had to be dropped because of a corruption case against police officers in the Southwestern District.

Because the case was dismissed, Wallace’s probation agents were unable to pursue a scheduled violation of probation hearing. According to court records, Wallace failed to update his probation officers about his address and phone number. Despite two warrants for his arrest, he remained free in the months leading up to Anderson’s murder.

During Monday’s hearing, one of Wallace’s sons testified to the pain of not having a father while growing up.

“I know he did what he did, and I’m sorry for the family, but I just want him to come home,” he told the court. “I hate seeing him behind a glass wall, talking to him over the phone. It hurts a lot. I know my father seems like a bad dude, but he’s not.”

Wallace’s sister also testified during the proceeding, saying the defendant “has learned his lesson” and “is not a bad person.”

“He has a strong support system that will make sure he stays on the right track,” she said. “He deserves a second chance.”

When Wallace is released, he could potentially work at his sister’s candy shop or his aunt’s convenience store, according to Flynn.

Judge Rubin concluded the hearing by saying she would rule on the motion to modify Wallace’s sentence as “promptly as possible.”