Was Boone supposed to be in jail at the time?
In October 2002, he was assigned to the Richmond Office of Community Corrections (ROCC) after being convicted of a concealed weapon charge.
Under the ROCC program, Boone was to report monthly for supervision, but there is no record that he ever participated in the program. Had ROCC, a state-supported nonprofit organization, followed policy, Boone would have been sent back to court for resentencing months before Wendel was shot.
“Of course, you can’t say for sure,” says one law enforcement authority, speaking on condition of anonymity. “But if ROCC had been doing its job, it would have returned Boone to court for failure to report, which carries a penalty of up to 12 months in jail.”
Now it appears that ROCC is trying to hide the fact that it failed to supervise Boone. According to three law enforcement authorities who saw Boone’s ROCC database file the day after Wendel’s shooting, Boone’s file was still marked active. Then on Aug. 11, Boone’s database file, which allows alterations without recording a date, showed that the case had been closed December 2002.
But in a database kept by the Department of Criminal Justice Services — in which information cannot be altered without recording the date of change — Boone’s case was listed as active on Aug. 11, according to four law enforcement authorities who asked to remain anonymous. They say the file was still open and contained no notes of any meetings or contact with the agency.
In October, Boone was spared jail on a concealed weapons charge on the condition that he report monthly to ROCC, which would supervise him during his probation on the gun charge. Normally, under the program, the defendant must do community service and/or attend group sessions on any variety of topics related to the offense, from domestic violence to alcohol abuse. Under ROCC, the defendant and the agency coordinate community service or attendance at group sessions, as ordered by the court. ROCC then refers the defendant to a nonprofit group or city agency to complete the terms of the sentence.
According to ROCC policy, Boone’s caseworker should have sent Boone a letter within three business days of his first missed appointment, stating that he was in violation of his probation agreement. After two consecutive missed appointments, ROCC should have contacted the court, which could have remanded Boone to jail for having violated his probation.
When contacted for an interview by Style, ROCC program manager Michael Raynor asked for a face-to-face interview at the ROCC office. But when the reporter arrived, the receptionist said Raynor was out for the day. A phone call to the agency less than 15 minutes later revealed that he was in the office. At that time, Raynor refused to be interviewed, referring the reporter to ROCC’s board chairman Marvin Rosman, who was on vacation at the time. Raynor said that “city officials” had instructed him not to talk with the media. He declined to identify the officials. S