Tahlequah Daily Press

Local News

August 6, 2012

Prisoner petitions court for parole

TAHLEQUAH — A former Sallisaw man serving time in prison for manslaughter believes he has served his sentence and should be eligible for parole, but prosecutors disagree with the man’s claim.

Jacob Wayne Goodwin was given a 15-year sentence in Cherokee County District Court last October for killing Jorge Espinoza Ayala while Goodwin was driving drunk in February 2007. He was ordered to serve five years in prison with 10 years suspended. The punishment requires at least 85 percent of his sentence to be served in prison before Goodwin is eligible for parole, court documents show.

Goodwin, according to an application for post-conviction relief, believes he has served 85 percent of his time and is asking to be released.

David Charles Gean, the attorney for Goodwin, claims Goodwin has served 1,548 days, including the  517 days he wore an ankle bracelet through Specialized Outpatient Services Inc. The total also includes hundreds of days served at various detention centers and correctional centers, and 644 days when Goodwin was participating in Sequoyah County Community Sentencing.

But Assistant District Attorney Doug Dry, in the state’s response to Goodwin’s request, says Goodwin should only be given credit for time he was actually incarcerated, which prosecutors say was 359 days at the time of the court filing.

Prosecutors object to Goodwin being given credit for 28 days at Valley Hope because, according to court documents, the time spent there was part of a release plan developed by Goodwin’s counsel, and not by the state.

Dry said prosecutors don’t believe Goodwin should receive credit for the 517 days he wore an ankle bracelet. Prosecutors say the bracelet was a direct result of Goodwin’s actions. While out on bond on the manslaughter case, Goodwin was involved in another crash and was arrested for driving under the influence and transporting an open container of liquor.

“It was brought on by his own actions,” the state’s response says. “He should not be rewarded for driving while drunk and causing a single-car accident while out on alcohol-related manslaughter charges.”

Goodwin, while wearing the bracelet, was not confined or incarcerated, prosecutors argue.

Prosecutors also dispute 644 days of community sentencing because, they say, Goodwin was only checking in with an office and not spending any time incarcerated. His time with community sentencing occurred after a judge granted a second jury trial for Goodwin, who claimed the court failed to properly instruct the jury about Oklahoma law during his first trial.

Court records show Goodwin is set to appear on a criminal docket Sept. 6 in front of District Judge Darrell Shepherd.

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