In 1998, the killing of Officer Allen Gibson rocked the small town of Waverly, Virginia. Fingers pointed to two poor Black men who didn’t do it: Terence Richardson and Ferrone Claiborne. Fearing the death penalty, taking an exploitative plea deal was their only shot at life. Then came a small miracle.
After public outcry demanded harsher punishment, federal prosecutors added charges — orchestrating the story of a crack cocaine deal gone horribly wrong. But the jury found Richardson and Claiborne not guilty of murder. So, how did they end up sentenced to life in prison?
Federal judge Robert Payne used “acquitted conduct sentencing,” a loophole to sentence defendants based on already-cleared charges. Payne believed the Waverly Two likely committed murder. So he tacked on years to the drug-related sentences to punish them for it anyway.
Acquitted conduct has been disproportionately weaponized against Black defendants. Last year, the U.S. Sentencing Commission finally prohibited judges from using it — mostly. Former President Biden commuted Richardson and Claiborne’s sentences in January. They expect to be freed in July. But although Officer Gibson’s daughter supports their release, Virginia’s governor and attorney general still verbally oppose it.
“Innocent,” “guilty,” and even explicitly “not guilty” are inconsistent categories the criminal legal system weaponizes to inflict anti-Black violence. Richardson and Claiborne’s impending release is a celebration for us — and a snag in authorities’ systemic entitlement to our suffering.