A man serving a long prison sentence for killing a man on an upstate New York street in 2015 was released on a technicality earlier this month. He was mistakenly placed in the wrong prison, a violation of federal law governing the transfer of detainees.
The conviction of Terrence Lewis, who killed Johnny Washington in a drive-by shooting, was vacated on February 5th and he was sent to Five Points Correctional Facility, a maximum security prison in Romulus, New York, according to the Monroe County Sheriff’s Office. announced that he had been released.
Washington, 29, was shot in Rochester on May 26, 2015. He was shot multiple times in his torso and died at a hospital, the Democrat & Chronicle reported.
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Terrence Lewis had been serving 22 years of a life sentence in a New York correctional facility when his murder conviction was vacated on technical grounds. (Rochester Police Department)
Lewis’ release came after New York Judge Stephen Miller wrote in his ruling that law enforcement violated the Interstate Compact on Detainer Acts. The agreement is a 1970 federal law that says prisoners charged with unrelated crimes in another jurisdiction must be detained and tried in that jurisdiction. before being returned to their original place of incarceration.
If so, the action in the other jurisdiction must be dismissed. The law, passed by Congress, is intended to encourage the speedy disposition of outstanding charges against prisoners.
Monroe County Sheriff Todd K. Baxter apologized to Washington’s family and vowed to ensure such violations never occur again. Lewis, 31, was serving a 22-year sentence for life in prison.
“To the family and friends of Johnny Washington, there are no words to ease the pain you rightly feel as there is no doubt that there is a lack of fairness based on this decision, which violates the principles of justice.” said. he said in a statement released by the sheriff’s office. “I sincerely apologize.”
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Sheriff Todd K. Baxter, Monroe County, New York (Monroe County Sheriff’s Office)
Mr. Lewis was already serving a federal prison sentence in Pennsylvania on an unrelated charge when he was charged with Washington’s murder in November 2017. He was taken to New York’s Monroe County Jail in January 2018 and charged with second-degree murder, according to the sheriff’s office.
In May 2018, Lewis, whose New York murder charge was still pending, was returned to federal prison in Allenwood, Pennsylvania. The sheriff’s office said it is adhering to “traditional practice” of returning inmates to their “home” correctional facilities.
However, under federal law, Lewis should have remained in New York until the murder was solved. Judge Miller ruled that his return to Pennsylvania was against the law.
“Unfortunately, deviations from the IAD [Interstate Agreement on Detainers] The law is subject to severe consequences. The sheriff’s office said in a statement that “the conviction was vacated” and that “no legal arguments regarding transfer were raised before, during or after the trial.”
Exterior of Monroe County Jail in Rochester, New York (Monroe County)
In July 2018, Lewis was returned to New York for a murder trial and was found guilty. He was then sentenced to 22 years in state prison in October of the same year. Two months later, he was returned to federal custody in Pennsylvania to serve the remainder of his federal sentence.
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Lewis was returned to Monroe County in August 2020, awaiting transfer to New York State correctional officers. In October of that year, he began serving his sentence for murder.
The sheriff’s office announced it conducted an audit of the jail to determine whether inmates dating back to 2018 are subject to the IAD law. No one else was.
The agency said it is also reviewing its transfer procedures and will train staff on federal law.
