Before college, I had a certain amount of faith and trust in the criminal justice system. 

It seemed black and white to me…. you do the crime; you do the time. Charges filed. Consequences delivered. 

After all, an eye for an eye.

I found myself enrolled at the local community college studying criminal justice. Years later, I decided that although I was intrigued by the justice system, life as a criminal defense attorney wouldn’t be for me.

What detoured me from following the path was learning the system’s injustice.

On August 11, 2023, Johnathon Cervantes was driving a pickup truck while under the influence of alcohol and drugs when he smashed into a motorcycle on US Highway 85. The crash instantly killed the trike’s riders, Leslie and Linda Thayer, husband and wife. Emergency crews worked for hours cleaning up the crash site which included human body materials. Many of them have PTSD from responding to the crash. 

Cervantes was arrested almost a year later. How he got away still baffles me. He was charged with two counts of aggravated homicide by vehicle for the deaths of Leslie and Linda Thayer and one count possession of a controlled substance. 

He had provided authorities with a fake United States Permanent Resident Card. In fact, Cervantes was not only an illegal immigrant, but he was also an illegal immigrant who had already been deported from the United States once for breaking the law. 

I need to reiterate, Cervantes had been deported for committing a crime prior to smashing his truck into the Thayers and stringing vehicle and motorcycle debris as well as human remains for miles on the highway. 

Cervantes through his attorney and Spanish-speaking interpreter entered a plea of “not guilty,” as most do to the charges, initially. 

A few months later, a change of plea hearing was held where Cervantes, again, through his Spanish-speaking interpreter, changed his plea of “not guilty” to “guilty” and a plea agreement was made between the State of Wyoming and Cervantes. 

The plea agreement would drop one count of aggravated homicide by vehicle, for the death of Leslie Thayer. 

Cervantes would then plead “guilty” to one count aggravated homicide by vehicle for the death of Linda Thayer and one count possession of a controlled substance for the baggie of drugs and the two glass pipes found on Cervantes’ person by EMTs at the crash. 

Currently, Cervantes is awaiting sentencing where the state and defense will argue sentencing and restitution at a hearing to be scheduled.  

Is there a place for compassion in the criminal justice system? 

During Cervantes’ change of plea hearing, when the plea agreement was made, it was noted the family of Leslie Thayer agreed with the state’s decision to drop the one count of aggravated homicide by vehicle for his death. 

It was noted Cervantes would be facing 47 years in prison should he be sentenced the maximum penalty for each charge. Cervantes is in his late 20s. 

It was also noted Cervantes was facing other criminal charges in other states, including indecent acts with a minor. 

Leslie and Linda Thayer died. Their lives were ended in one of the most gruesome and catastrophic ways possible. They had families, loved ones and friends who cared about their lives and ultimately, their deaths. 

Should we have really dropped a charge reflective of the death of Leslie Thayer? Why did his life not matter? Should we have shown more compassion to the actual victims of this crime instead of the criminal? 

The pendulum of justice sways every so often. 

After my opinion piece on the failed deterrence theory, I received a bit of feedback stating I should take the criminal’s mental health, personal life, financial standings and childhood trauma into account before I mentally dictate their case. Feedback explaining there are considerations I should be accounting for in the criminal proceedings…but what about the victims? Where is their compassion? Where is their consideration? 

When I left my office Thursday afternoon, I would have told you there was no room in the criminal justice system for compassion. 

I would have told you, there is no reason to look at any of the underlying circumstances behind the crime or even behind the criminal. 

An eye for an eye…

Last week, as my work week came to an end, I shared a conversation with a good friend. He told me about the case of John Knospler Jr., a Recon Marine, who was serving a second-degree murder conviction in Wyoming. 

In October 2013, Knospler, a former Marine Sergeant from Pennsylvania, was in Wyoming with family members for a hunting trip. After having a disagreement with his dad, Knospler, drove a few miles to the town of Casper where he found a playground to exercise at before eating dinner at a local steak house. Knospler went to a local strip joint where he sat for a few hours. At some point, Knospler met James Baldwin, a 6’2, 230-pound cancer survivor. Knospler and Baldwin shared a marijuana cigarette outside the bar, in celebration of Baldwin’s 24th birthday. After Knospler had returned to the bar, his marijuana cigarette fell on the floor and he was asked to leave. 

Knospler went to his car, which was covered in a fresh blanket of snow as a winter storm hit the area. He texted his girlfriend he would be sleeping in his car for a bit. He had fallen asleep and reports thereafter varied of the events. 

Knospler’s account of the event explained Baldwin was hitting his car window, trying to gain entrance to the car. Knospler tried to drive away but was unable to gain traction with the snow. As Baldwin reached in Knospler’s car, he reached for the Marine’s pistol. Forensic evidence shows the spent bullet casing of Knospler’s 1911 Army .45 caliber semi-automatic failed to exit the chamber as though the ejection port had been blocked by Baldwin’s hand. The trajectory of the bullet showed Baldwin had been hit just below his neck, exiting from his lower back before denting a pickup truck a few parking spots away. 

After the September 11 terrorist attacks, Knospler volunteered and passed selection as a Reconnaissance Marine and he was assigned to First Recon Battalion. He was deployed to Iraq in 2003. He served three combat deployments with Recon and was assigned to Marine Corps Special Operations Command as an instructor. He was honorably discharged after eight years of service afterward he worked as a private contractor in Congo, Sudan and Somalia. In 2012, Knospler was beaten by a gang of thieves in Somalia which resulted in a severe arm break, requiring surgery. Doctors told him he could permanently lose function of his arm if he got into any sort of physical altercation. 

Knospler, 5’6, had a few minor run-ins with the law, a bar fight where charges were dropped and an arrest in Mexico for not paying a cab fare after a night of drinking. Baldwin on the other hand had been arrested for driving under the influence, marijuana possession, twice, interference with a police officer and 19 counts of felony auto burglary. The judge ruled much of Baldwin’s background was irrelevant to Knospler’s case. Knospler had an outstanding career in the Marines. 

The jury was instructed to consider manslaughter charges or second-degree murder charges. Within two and half hours, the jury’s foremen, a defense attorney who was good friends with the judge, returned the verdict finding Knospler guilty of second-degree murder. 

In Wyoming, second-degree murder involves purposely and maliciously killing someone without premeditation, a crime punishable by imprisonment for 20 years to life. 

A manslaughter conviction would have carried an imprisonment for not more than 20 years. In Wyoming, manslaughter is defined as unlawfully killing a human being without malice. Voluntary or killing someone in the heat of passion and involuntary or recklessly killing someone.

The 33-year-old veteran, Knospler, was sentenced to 30 to 50 years in prison. Although an appeal was filed and work has been done on his case, he remains behind bars. He will be there until 2064. He will be 84 years old. He could be eligible for parole by 2030, with good behavior. 

How can we show compassion to Cervantes, an illegal immigrant, previously deported by rationalizing the reduced charges but our criminal justice system can’t recognize PTSD in a combat vet? 

When should we take an eye for an eye? When is it okay to overlook a criminal offense?

When is it permittable to take the criminal’s mental health, personal life, financial standings and childhood trauma into account? 

Cervantes knew drinking alcohol would cause impaired judgment. He knew the use of illegal drugs would impair his ability to drive. He passed a vehicle on a portion of US Highway 85 visibly marked “NO PASSING” which resulted in him smashing into the motorcycle. He was speeding. He provided fake identification, lying about his immigration status. He had been deported from the United States before he killed two people on the highway. He’s facing charges in two additional states and deportation, again. 

Knospler went to his car to sleep off a night at the strip club in the parking lot. He appeared anxious, nervous and paranoid earlier in the evening. He probably wouldn’t sit with his back to the door if you paid him. While he was sleeping, Baldwin, heavily intoxicated, attempted to gain access to a vehicle in the parking lot like he had done 19 times before. He began striking the window of Knospler’s car, startling the military veteran awake. Knospler tried to drive away but the heavy snow prevented him from gaining traction, evidence showed. Baldwin’s hand and forearm showed injuries indicating he had punched the window. Photographs of the crime scene showed glass debris inside the vehicle indicating the window had been beaten in, not shot out, showing Knospler was defending himself when Baldwin grabbed his gun. 

There is no doubt the shot Knospler fired ended the life of Baldwin. There is no doubt Cervantes’ reckless behavior resulted in the death of the Thayers. 

How can we show compassion to one and not the other? 

If we are going to overlook one, shouldn’t we overlook the other? 

Justice is only blind when she wants to be.