Governor Issues Six Commutations and Two Pardons of Innocence

From: North Carolina Governor Roy Cooper
November 13, 2024

RALEIGH, NC -- On Nov 13th, Governor Roy Cooper commuted the sentences of six people in North Carolina prisons and granted pardons of innocence to two others. All of the clemency actions followed thorough review by the Office of Executive Clemency, the Office of General Counsel and the Governor.

“Ensuring careful review of cases while taking executive clemency action is a responsibility I take seriously,” said Governor Cooper. “We carefully consider recommendations made by the Juvenile Sentence Review Board to commute sentences for crimes committed by minors. All of these individuals are deserving of clemency and we will continue to work to protect our communities and improve the fairness of our criminal justice system.”

The commutations follow an intensive review of cases, including the circumstances of the crimes, length of the sentences, records in prison, and readiness to reenter communities successfully after prison. Four of the commutations follow a recommendation by the Juvenile Sentence Review Board, which the Governor established to review petitions from people sentenced to prison after crimes committed while they were under the age of 18. Two commutations follow the completion of a 25-year review process established by the General Assembly in the 1990s for offenders sentenced to life without parole. That process includes review by a resident superior court judge in the county of conviction and the North Carolina Post-Release Supervision & Parole Commission. The statute that creates that right for clemency review, N.C. Gen. Stat. § 15A-1380.5, has since been repealed and applies only to certain offenders convicted in the 1990s.

The two pardons of innocence follow an intensive factual review of cases and recognize that the recipients were innocent of the crimes for which they were convicted. The pardon makes each recipient eligible to file a claim under North Carolina law that allows compensation to persons wrongly convicted of felonies.

The Juvenile Sentence Review Board recommended the commutation of the sentences of:

- Terence Smith, now 42, has served nearly 25 years for his involvement in a robbery where three people were shot and injured in Forsyth County. Mr. Smith was 17 at time of the crime, was not the shooter and has expressed remorse. While incarcerated, Mr. Smith participated in extensive programming, including community college classes, drug and alcohol rehabilitation programs, and numerous self-improvement classes. He has also regularly worked in prison and maintained and fostered a close relationship with his family. Mr. Smith will be released November 27, 2024.

- George Lesane, now 47, has served over 30 years for the murder of Larry McCormick in Robeson County when Mr. Lesane was 17. While incarcerated, Mr. Lesane has had a strong prison record and been employed in a number of jobs. He has also completed his GED and taken numerous community college courses, as well as self-improvement classes including Napoleon Hill. He has also served as a Final Step mentor sharing his experiences with teachers and principals of at-risk youth. He is a faith leader in the facility. Mr. Lesane will be released November 27, 2024.

- Donte Santiago, now 40, has served more than 23 years for the murder of Frederick Howell in Onslow County when Mr. Santiago was 16. While incarcerated, Mr. Santiago has been a faith leader and served as a spiritual mentor for others. He has also pursued educational opportunities, including earning his GED, and several certificates from UNC. He works as a gold-leash trainer in a prison program for training service dogs. Mr. Santiago will become parole eligible immediately.

- Kirston Angell, now 35, has served 17 years for the murder of Bobby Boles and assault with a deadly weapon against two other victims in Davie County. He was 16 at the time of the crimes. While incarcerated, Mr. Angell has graduated summa *** laude from the College at Southeastern, North Carolina Field Minister Program. He now ministers to younger inmates at the Foothills Correctional Institution. He is currently studying for his master’s degree. He has also participated in the New Leash on Life dog training program, won numerous art awards, and had an exemplary disciplinary record. He will become parole eligible as of January 1, 2027.

Read the Order for Terence Smith.

Read the Order for George Lesane.

Read the Order for Donte Santiago.

Read the Order for Kirston Angell.

The two people who received commutations pursuant to former N.C. Gen. Stat. § 15A-1380.5 are:

- Penny Jarrett, 60, has served 27 years of a life without parole sentence for the murder of Henry Draughn in Guilford County. A commutation was recommended by both a resident superior court judge and the Parole Commission. While incarcerated, Ms. Jarrett has taken advantage of numerous educational and training opportunities, including earning certificates in culinary technology and working on the state tourism hotline, as well as other jobs. She has also volunteered and provided mentorship to newer inmates. Ms. Jarrett will become parole eligible immediately.

- Jesse Graham, 71, has served 26 years of a life without parole sentence for the murder of Jimmy Harris in Guilford County. While incarcerated, Mr. Graham has been a senior speaker for the Think Smart program and spoken to college basketball players to counsel them on making good decisions. He is also the President of the Central Prison Veterans Club, has had numerous jobs, and is the captain of the Central Prison weightlifting team. A commutation was recommended by both a resident superior court judge and the Parole Commission. Mr. Graham will become parole eligible immediately.

Read the Order for Penny Jarrett.

Read the Order for Jesse Graham.

The two people who received pardons of innocence are:

- Darron Carmon was convicted of Robbery with a Dangerous Weapon in Pitt County in 1994 and served more than 7 years in state prison. His conviction was set aside by the Pitt County Superior Court in 2022.

- Mark Crotts was convicted of two counts of First-Degree murder in Alamance County in 1992 for which he served 2 years in state prison. His conviction was set aside by the Alamance County Superior Court in 1994. He was retried twice, resulting in a hung jury in 1996 and an acquittal on both counts in 1997.

Read the Order for Darron Carmon.

Read the Order for Mark Crotts.

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