Ashcroft Responds

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To Robel Index

U.S. Senator Ashcroft Responds

Posted April 11, 2000

U.S. Senator John Ashcroft (R-Mo.) took to heart the challenge the Milum Network and others had laid before him and has responded with the following letter to U.S. Attorney General Janet Reno:

March 29, 2000

The Honorable Janet Reno

The Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

Dear Madam Attorney General,

On February 22, 2000, in Independence, Missouri, a tragic crime occurred when a man, against whom an arrest warrant was pending, was released from a county jail, car-jacked a vehicle, and dragged its six year old passenger to death. I am requesting information from you and the Justice Department to assist me in crafting an appropriate response that will prevent such an unnecessary tragedy from recurring.

Young Jake Robel was killed when Mr. Kim Davis was released from the Carroll County, Missouri jail, and several hours later stole the vehicle in which the 6 year old was sitting. Davis threw Jake from the vehicle, but Jake became trapped in the vehicle's seatbelt and was brutally dragged to death as on-lookers yelled at the driver to stop the car. This case has garnered significant attention in Missouri both for its brutality, and for the tragic fact that there was a pending arrest warrant for Mr. Davis at the time he was released from jail.

Obviously, we must do all we can to ensure that nothing like this ever happens again. Jake's mother [SIC – this should read Kim Thomason and Gina Gerdes] has drafted proposed legislation that would make background checks mandatory prior to releasing an arrestee or prisoner. I have enclosed a copy of the text of that proposed legislation and request your comments on it.

In addition, I would appreciate information on the adequacy of current access to the National Crime Information Center (NCIC) system by state and local law enforcement agencies, including any barriers to access, as well as the sufficiency of existing funding for data collection and maintenance, and for training of state and local law enforcement on access and use of the system.

Finally, I would ask you to review 18 U.S.C. 2119, the federal carjacking statute, to ensure that crimes such as this one may be prosecuted in federal court. Please include any information or statistics on the number and location of prosecutions under this statute, including the number of cases in which the death penalty has been sought.

Thank you for your assistance in this matter. I look forward to your response.

Sincerely,

John Ashcroft

MILUM NETwork Exclusive — here is the language of the cited statute . . .

18 USC Sec. 2119. Motor vehicles

Whoever, with the intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall —

(1) be fined under this title or imprisoned not more than 15 years, or both,

(2) if serious bodily injury (as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) results, be fined under this title or imprisoned not more than 25 years, or both, and

(3) if death results, be fined under this title or imprisoned for any number of years up to life, or both, or sentenced to death.

Stay tuned for continuing coverage. In the meantime, please view all our links for the Jake Robel story.