RICHMOND, Va. (WRIC) — Gov. Glenn Youngkin (R) pardoned nearly 100 people between Jan. 16, 2023 and Jan. 16 of this year.
This is Youngkin’s second year issuing pardons as the Governor of Virginia. In his first year, Youngkin granted substantially fewer pardons — 30 in total.
In his four years serving as Governor of Virginia, former governor Ralph Northam (D) granted over 1,200 pardons.
Simple pardons: For “commendable adjustments”
Of Youngkin’s total 98 pardons, the vast majority of them were simple pardons — which the Secretary of the Commonwealth of Virginia describes as a “statement of official forgiveness.”
Within the list of pardons, each person granted a simple pardon is described as displaying “commendable adjustment since [their] conviction.”
Youngkin granted 88 people this form of clemency, which does not remove the conviction from a person’s record but instead helps them better rejoin society. To be eligible for a simple pardon, a person must have been free of all conditions set by the court — like probation or other forms of time — for at least five years.
Of those 88 people, about 61% of them had been convicted of at least one felony charge. In addition to the previous requirement, felons can only be granted a simple pardon if they have previously been granted their Restoration of Rights.
Just over 35% of Youngkin’s simple pardons were granted to someone who had committed at least one violent crime. These violent crimes included assault and battery, arson and abduction, among others.
No person who had been convicted of any form of murder or manslaughter was pardoned by Youngkin during this period.
Five simple pardons were granted to people who were convicted of a misdemeanor possession of marijuana charge. One of those five people had only that possession on their list of convictions.
Absolute pardons: For those believed innocent
An absolute pardon, as described by the Secretary, is granted “when the Governor is convinced that the petitioner is innocent of the charge for which he or she was convicted.”
A person may only petition for this sort of pardon if they maintained their innocence throughout the judicial process — meaning they pled not guilty and never re-entered a different plea — and they have “exhausted all forms of judicial appeals and other remedies.”
According to the Secretary, this form of pardon is seen as “a remedy of last resort” — a remedy Youngkin used only twice this year.
Pardon #1: George Edward Parker, Jr.
The first absolute pardon was granted to George Edward Parker, Jr., of Fairfax County. He had been convicted of misdemeanor assault and battery in 2001.
According to the documentation provided on this pardon, Parker “submitted a petition for clemency seeking an absolute pardon based on the circumstances surrounding his innocence.”
Youngkin agreed with Parker that he was innocent and granted his petition by handing down an absolute pardon in August 2023.
Pardon #2: Scott Thomas Smith
The second absolute pardon was granted to Scott Thomas Smith of Loudoun County, who was convicted of obstruction of justice and disorderly conduct in 2021.
His conviction was appealed and “dismissed with prejudice before trial due to an irregularity not attributable,” according to the documentation provided on this pardon. There were several additional points of contention made known by involved parties throughout the judicial process, which Youngkin references in the issued pardon.
Youngkin agreed that Smith was innocent and granted his petition by handing down an absolute pardon in September 2023.
Conditional pardons: For those in qualifying situations
There are multiple forms of conditional pardons — medical pardons, partial pardons granted due to immigration issues and pardons with specific terms and conditions.
Conditional pardons modify or end a sentence, meaning the person petitioning for one must be currently serving time in prison or jail to qualify for one. They are typically rare, according to the Secretary, who explained that a Governor “does not typically substitute their judgment for that of the courts.”
In total, Youngkin granted eight pardons that fall under one of these three categories.
Medical Pardons
One person was granted a medical pardon during this year.
Damon Johnson was granted a medical furlough due to his terminal illness, according to the documentation provided on this pardon. His convictions included various charges such as larceny and burglary.
Partial Pardons for Immigration Reasons
Youngkin granted five people a conditional reduction to their sentences given the circumstances surrounding their immigration status.
According to the documentation provided on these pardons, these five people are attempting to become U.S. citizens but cannot complete this process due to their currently being incarcerated.
Crimes committed by these people included robbery, embezzlement, identity fraud and others.
Each had their sentences reduced to a year of probation.
Pardons with Terms and Conditions
Two people were granted pardons with terms and conditions attached. These individuals must follow the terms laid out in the documentation provided on their pardons in order to retain the benefits of the pardons.
Pardon #1: Randell Hakeem Love Barkley
Randell Hakeem Love Barkley of Norfolk was 16 when he committed the multiple crimes he was convicted of, which included aggravated malicious wounding, in 2007. He was sentenced to three life terms and an additional 10 years, despite his co-conspirators receiving “substantially lower sentences,” according to the pardon document.
Youngkin granted Barkley a reduction of his sentence in January 2023, modifying it to 50 years. His 11-point terms and conditions for this pardon include Barkley’s participation in re-entry programs, substance abuse evaluations and more.
Pardon #2: Samuel Elbert Harris
Samuel Elbert Harris of Suffolk was convicted of numerous crimes in 2000, including abduction, grand larceny and hit-and-run. He was sentenced to 60 years and had served over 20 of those years at the time of his pardon being issued.
Youngkin granted Harris a reduction of his sentence in August 2023, modifying it to 29 years and 7 months. His 14-point terms and conditions for this pardon include Harris not contacting any of his victims or their families, participating in a repayment plan for all of the fines he owes the court system and more.
