He should have, certainly, gotten more that thirty days. That’s outrageous. Whatever people may think of the case itself, if you look at what he was charged with, what charges he was found guilty of and what the usual sentence is, then he got off easy.
If the information in this article is correct then, this is how it played out for him:
COUNT 4: Bias intimidation, for knowing his conduct could intimidate Clementi and make Clementi feel he was targeted because he was gay. (2nd degree)
• Maximum sentence: Up to 10 years in prison with a presumption of incarceration, usually 5 to 7 years.
• Actual sentence: Probation
COUNT 8: Bias intimidation. For tweeting an invitation for people to watch Clementi’s Sept. 21, 2010 visit with M.B., thereby causing Clementi to feel intimidated. (2nd degree)
• Maximum sentence: Up to 10 years in prison with a presumption of incarceration, usually 5 to 7 years.
• Actual sentence: Probation
COUNT 12: Hindering apprehension or prosecution on Sept. 23, 2010 for trying to tell Molly Wei what to tell police. (2nd degree)
• Maximum sentence: Up to 10 years in prison with a presumption of incarceration; usually 5 to 7 years.
• Actual sentence: 30 days in jail
Those are the charges he was found guilty of, that seem to average a much stiffer sentence.
Some of the other charges where he was found guilty can carry a stiffer sentence, but there is no “presumption of jail time.”
These are the charges that can result in a longer sentence, but also carry no “presumption of jail time” where he was also sentence to 30 days.
COUNT 13: Hindering apprehension or prosecution for not telling the complete truth to investigators on Sept. 23, 2010. (3rd degree)
• Maximum sentence: Up to 5 years in prison, no presumption of jail time.
• Actual sentence: 30 days in jail
COUNT 14: Witness tampering for trying to influence what Molly Wei told investigators. (3rd degree)
• Maximum sentence: Up to 5 years in prison, no presumption of jail time.
• Actual sentence: 30 days in jail
COUNT 15: Tampering with physical evidence for trying to change or remove tweets and text messages between Sept. 19, 2010 and Sept. 23, 2010. (4th degree)
• Maximum sentence: Up to 18 months in prison, not presumption of jail time.
• Actual sentence: 30 days in jail
All the thirty day sentences are to run concurrently.
While it may have been a first offense or first offenses, if you look at the type of charges, the number of charges against him, number of those charges where he was found guilty, and the possible sentences for some of those charges, 30 days and 300 hours of community service is nothing.
How much bias intimidation, hindering apprehension and prosecution, tampering with witnesses and tampering with evidence does a guy have to do around here to get some serious jail time?