There were two things about this particular horrific random attack that made it stand out. The first was that it was caught on video in such a way as there could be no doubt that it was so utterly lacking in any excuse, no matter how manufactured by fertile yet insipid minds, that no one could deny its brutality. The second was the image of the perpetrator of the attack was clear as could be.
The cops might not be very good at investigating crimes where thought and effort are required, but even the NYPD can find a guy when it’s this clear. Especially when they have all his info in their database already.
Brandon Elliot was arrested early Wednesday. Elliot was charged with two counts of second degree assault as a hate crime and one count of first degree attempted assault as a hate crime.
This was the crime for which he was sought and for which he was arrested. But there was even sexier news to tell.
Elliot served 17 years in state prison for stabbing his mother to death, the NYPD told CNN. He was released on lifetime parole in November 2019.
The NYPD said so. Why? Does this make the attack any less brutal? Was the evidence against Elliot inadequate that they needed not just to capture him, but to smear him as well? Let’s be real, this was a horrific attack and the evidence that Elliot committed the attack without a scintilla of provocation is overwhelming.
They threw this in to make another point, a point that the cops have used with enormous success in the past: That Elliot was a murderer and had been released on parole instead of being imprisoned for life. Or worse. Had he been in prison where he belonged, he wouldn’t have been on the street to stomp this poor woman.
And with the sort of speed that should surprise no one, the point was seized upon as proof that killers should never be allowed to breathe free air again.
What the story neglects to mention is the hundreds of thousands of people who are convicted of violent crimes who, after serving lengthy terms of imprisonment, come out of prison and go on to live law-abiding lives. Not that we don’t make it as hard as possible for them, by providing little by way of education, job skills, housing and the tools to transition from prison to the free world. Try walking out of prison without a job, a place to live, money to survive and no family to support you. What are the chances of succeeding?
But there’s another nasty underside to this story, that someone who engages in conduct like this might be mentally ill and in need of treatment. He did 17 years, an extraordinary length of time. But did he get the treatment needed to transition to a law-abiding life? Not likely. GIGO is just as real in prison as coding. If Elliot stabbed his mother, which tends not to be a crime of kindness, is there a strong likelihood that his demons remain with him after 17 untreated years in the slammer with other people who tend not to foster a healthy environment?
This isn’t to say what drove Elliot to commit this act, or whether he is undeserving of the presumption of innocence and due process before guilt of a crime is established.
“Mr. Elliot has a constitutional right to counsel and due process. As with every client we represent, he will have unfettered access to our legal resources and expertise. We are fully reviewing this case and will have additional comments in the coming days and weeks,” the [LAS] statement said.
Whether “unfettered” means what they think it means is another matter, but he is entitled to a zealous defense and it’s good to see his Legal Aid lawyers defend him despite the nature of the accusation. But do not let the NYPD’s smear of this one horrific crime, this one defendants, give rise to a general attack on parole or a specific attack on the release of defendants who were convicted of heinous crimes. Years, decades go by and people change. The vast majority do not get paroled and do this.
The vast majority, perhaps hundreds of thousand of former prisoners, walk out determined to never see the inside of a cell again, and conduct themselves as best they can given the massive hurdles they’re forced to overcome. They are the norm, not Brandon Elliot. He’s just the tragic outlier, and his story should not be conflated with all of the people who have paid their debt to society and go on to lead happy, successful and law-abiding lives.
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