District Attorney To Add Burglary Focus

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TOM WILEMON | The Daily News

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Bill Gibbons

Shelby County District Attorney General Bill Gibbons plans to assign five prosecutors to exclusively handle burglary cases and will also push for law changes to keep burglars behind bars.

He outlined the plans last week at a meeting of the Midtown Security Community, an organization committed to increasing communication between police, residents, businesses and churches to combat crime. About 80 people attended the meeting, including City Council

Chairman Myron Lowery and Memphis Police Col. Billy Garrett, commander of the Union Center Precinct.

Burglaries have increased in the Midtown area over the past month, and Garrett said he believes experienced burglars may be responsible. Some of these burglaries have occurred despite the presence of dogs, he said, and it appears that particular neighborhoods are being targeted.

Within the next two weeks, the Shelby County District Attorney’s Office will assign five prosecutors to work exclusively with police on burglaries, Garrett said. Citywide, there has been a 10 percent increase in burglaries, Gibbons said.

Prosecutors have a heavy caseload because of a 40 percent increase in felony cases, which he attributed to more arrests by police.

Gibbons outlined legislation to address “the revolving door” that lets criminals out on parole or allows early releases so they can be repeat offenders. The legislation includes:

An expansion of the “Crooks with Guns” law that enhances mandatory sentences when certain crimes are committed with guns. This legislation would add more crimes.

• Imposition of tougher sentences for gang crimes, which would be defined as crimes committed by three or more individuals.
• Elimination of early parole for robbers who use guns to commit the crime.
• Hiring additional prosecutors statewide.
• Revamping state laws that go easy on criminals convicted of burglaries.

The system makes it easy for burglars to be repeat offenders because of light sentences, Gibbons said. First-time offenders qualify for judicial diversion, which allows them to avoid prison time and have their record wiped clean, he said. With second-time offenders, under the current system, the courts have the “presumption that they’re entitled to probation,” he said.

Even with a third conviction, a burglar is likely to receive only a three-year sentence, actually be ordered to serve about 30 percent of that time and then be eligible for early release if prison populations reach 90 percent of capacity, Gibbons said.

Another change would mandate that multiple charges and consecutive sentences be imposed if a burglar does multiple break-ins on the same day.

Operation Safe Community, a joint initiative by law enforcement, government and business leadership to make Memphis/Shelby County one of the safest communities of its size in the country by 2011, will distribute information about the legislation.

Garrett outlined ways people can protect themselves from burglaries.

“I believe in alarm systems,” he said, also recommending signs be posted about the protection systems.

Another good idea is to record serial numbers, he said.