Timeline of Jerry Active's Adult Criminal Prosecution Files
Prosecution in 3DI-07-00722 CR (“2007 case”)
Mr. Active was arrested by the Togiak Police Department on November 4, 2007, for offenses that occurred on November 3, 2007. Mr. Active was 18 at the time of the offenses. He was indicted on December 14, 2007 on five felony offenses, including burglary in the second degree, criminal mischief in the third degree, and furnishing alcohol to a minor in a local option community. The state entered into a plea agreement with Mr. Active which required him to plead guilty to furnishing alcohol to a minor in a local option community, a class C felony, in exchange for a suspended imposition of sentence (SIS). Mr. Active also agreed to three years of felony probation as part of the plea agreement. Mr. Active was sentenced on May 16, 2008 in accordance with the plea agreement.
The investigation of this case did not reveal that Mr. Active committed any sexually-related offenses in this incident.
Prosecution in 3DI-09-00031 CR (“2009 case”)
Mr. Active was arrested on January 29, 2009 in Togiak by the Alaska State Troopers for several charges – burglary in the first degree, sexual assault in the second degree, sexual abuse of a minor in the second degree, and assault in the fourth degree. The district attorney’s office added counts of attempted sexual abuse of a minor and criminal trespass.
Mr. Active’s conduct with the victim – in this case an 11 year-old girl – involved touching her legs and her vaginal area with his hands on the outside of her clothing followed by a physical assault when she started screaming. That was followed by a physical assault on her mother and brother when they responded to her screams. The investigation did not reveal that there was any sexual penetration during this incident.
In March 2010, the state entered into a Criminal Rule 11 plea agreement with Mr. Active to resolve the 2009 case. The plea agreement required Mr. Active to plead guilty to attempted sexual abuse of a minor, assault in the fourth degree, and criminal trespass in the first degree. In exchange for his guilty pleas, the state agreed that Mr. Active would receive a sentence of seven years with four years suspended for attempted sexual abuse of a minor, and 185 days each for the assault in the fourth degree and criminal trespass in the first degree charge. These periods of incarceration were consecutive to each other so, in total, the plea agreement required Mr. Active to serve four years in jail for his crimes. As part of the plea agreement, the state agreed to dismiss the other charges pending against Mr. Active, including the offense of sexual abuse of a minor, and not to pursue any petitions to revoke his probation relating to the 2007 case.
On March 19, 2010, Mr. Active pled guilty to the offenses in accordance with his plea agreement with the state. His guilty pleas were accepted and sentencing was scheduled for June 21, 2010. The state consulted with the victims about the plea agreement, and their right to participate in the sentencing hearing, but they ultimately did not participate in the sentencing. On July 9, 2010, a presentence report was provided to the court in anticipation of Mr. Active’s sentencing.
On September 17, 2010, Mr. Active’s sentencing hearing was conducted. The judge presiding over the sentencing hearing accepted the plea agreement. Mr. Active remained in jail in this case from his arrest on January 29, 2009 throughout the pendency of the 2009 case. As a result of his guilty plea, Mr. Active was required to register as a sex offender for a period of 15 years. Following his release from prison, the plea agreement required Mr. Active to be on probation for four years with four years of prison time that could be imposed. Mr. Active’s probation conditions included conditions specifically targeted for sex offenders.
The plea agreement between the state and Mr. Active was reviewed by a supervisory attorney and was ultimately accepted by a Superior Court Judge.
Our review of the 2009 case revealed that the state entered into a plea agreement with Mr. Active which may have been incorrect and not consistent with the law. At the time of his sentencing on September 17, 2010, Mr. Active was on felony probation following his conviction for furnishing alcohol to a minor in a local option community in the 2007case. Mr. Active received an SIS in that case but the SIS had not been set aside. Under Alaska law, a person who has received an SIS for a felony conviction has been convicted of a felony for purposes of presumptive sentencing. As a result of Mr. Active’s felony conviction in the 2007 case, and his conviction for attempted sexual abuse of a minor in the 2009 case, he was subject to a presumptive sentencing term of eight to fifteen years. The Department of Law, the Department of Corrections and the sentencing judge failed to identify Mr. Active’s prior felony conviction for purposes of calculating the applicable presumptive sentencing term, and believed that Mr. Active was subject to a presumptive sentence of two to twelve years for what was believed to be his first felony conviction for attempted sexual abuse of a minor.
Accordingly, Mr. Active should have been subject to a presumptive term of eight to fifteen years in prison based upon his conviction for attempted sexual abuse of a minor in the second degree for the 2009 case.
The state primarily relies upon the Alaska Public Safety Information Network (APSIN) to determine the prior criminal history of defendants. When Mr. Active was initially arrested in the 2009 case, the state ran a report from APSIN on January 30, 2009. This report failed to include Mr. Active’s prior felony conviction from the 2007 offense. Furnishing alcohol to a minor is usually a misdemeanor offense.
First Petition to Revoke Probation in the 2009 case
Mr. Active was arrested and jailed on November 11, 2012 by Anchorage Police for violating his probation. He was also charged with assault, providing false information, and resisting or interfering with an officer. The charges were in violation of the Anchorage Municipal Code and were referred to the Municipal Prosecutor’s Office. Mr. Active was ultimately convicted of providing false information to a police officer and was sentenced to 90 days with 80 days suspended (3AN-12-11824 CR).
Separately, Mr. Active was sentenced to 120 days on January 9, 2013 for violating his probation in the 2009 case. This sentence came as a result of a plea agreement between the state and Mr. Active. Mr. Active’s probation officer did not make a formal sentence recommendation in connection with this probation violation. Mr. Active was released from custody on this sentence on February 5, 2013. The Department of Law has not yet received the judgment in this probation revocation, but has received an “amended” temporary order which includes a probation revocation for the 2007case. From this temporary order it appears that the judge sentenced Mr. Active to 24 months with 20 months suspended. The order does not specify if the four months to serve in the probation revocations are concurrent or consecutive.
Second Petition to Revoke Probation in the 2009 case
On February 21, 2013, Mr. Active was arrested and jailed for violating his probation by consuming liquor. On that occasion Mr. Active was contacted by Anchorage Police at a bus stop after being involved in an altercation. No charges were filed in relation to the altercation but Mr. Active was highly intoxicated and admitted to consuming alcohol.
Following his arrest on the probation violation on February 21, 2013, Mr. Active remained in custody during the pendency of the probation violation case. On February 26, 2013, Mr. Active’s probation officer recommended a sentence of 12 months for Mr. Active for the probation violation. On April 3, 2011, Mr. Active was sentenced to 150 days pursuant to a Criminal Rule 11 plea agreement between the state and Mr. Active.
Mr. Active was released on May 25, 2013 from the Anchorage Correctional Complex following the completion of his sentence for the probation violation relating to the 2009 offense though he remained on felony probation in that case based on his convictions for attempted sexual abuse of a minor in the second degree, assault in the fourth degree, and criminal trespass in the first degree.
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