College Athlete to Criminal: A Look through the Criminal Justice System

 Black, dark male, with dread locs, and multiple tattoos running east could be armed and dangerous, patrol car 342 in pursuit.  With a gun in my face, I had great fear and concern about being perceived as armed and dangerous based on stereotypes that speak to the impact of systemic racism within the carceral state. At that moment I was just trying to run to get rid of the drugs I had on me, but I was tackled to the ground and placed in handcuffs.  A Black male experience a high level of police aggression, which aligns with the broader issue of racial profiling and violence against Black individuals in the criminal justice system as discussed in the book “States of Incarceration” by Jarrod Shanahan and Zhandarka Kurti. How did I get here? Allow me to start from the beginning. My name is Jeremy Michael Smothers, I was born July 25th, 2000. I’m currently 22 years of age. I’m from Detroit, MI. but I currently reside in Mount Pleasant, MI. 

I was recruited to play basketball and attend the university as a full-time student. This was huge for my family and I, no one in my family has attended college, or been very good at sports. Growing up, my father wasn’t around, it was just me and mom and she did what she could to make sure we had our necessities, we struggled a lot to make ends meet, but mom did what she could. She spent a lot of time balancing two jobs, and I went to school and did ok during high school only thing that kept me motivated was being able to play sports and doing what I could to remain eligible and keep playing on the team, of course that meant not getting kicked out, having fair grades, decent attendance, and no trouble. I handled it well and stayed afloat. Put a lot of time and energy into practice and then I begin to get noticed by college teams, and deals start coming in. I never really thought about going to college but since the opportunity opened up, I thought why not give it a shot.  

Moving to Mount Pleasant was a struggle within itself, school is paid for but the other underlying cost I had no idea how I was going to pay for the things I needed daily like food, clothes, school supplies, books, computers, etc. All of this was new to me. I shared my concern with my cousin, and he began teaching me the game. He loaded me up with some pills and products for me to sell around campus. This reflects the theme of mass incarceration and how individuals, especially from marginalized communities, can easily become entangled in the criminal justice system. Individuals, facing economic challenges, resort to illegal activities. I knew it was wrong, but I was trying to be better. At first, I was skeptical but when I saw the return, how much easy access there was and the risk of getting caught was slim I kept doing it. Soon enough everyone knew where to shop, and the money was flowing in. Life was decent, I was performing well in sports, adjusting to my new college life away from my family, and adapting to the new person I had become. I started buying shoes, and clothes and made sure I had everything I needed for school. I guess you could say at this point I felt like the man, I met some other males and some dudes on the team, and we connected closely. Created a bond like we were brothers all our lives. It was dope to be around other people, the only different thing was they had money, money. They had designer clothes, and nice cars, and were able to party and buy the most expensive liquor. Phones were up to date, had multiple gaming systems, and every game was out. Big flat-screen TVs in the dorm room were fresh to death.  I began to wonder how they were able to afford all of their nice things. In my mind, I knew something illegal was going on, because none of them worked. Our refund checks aren’t that much to afford the things they were buying. As we hung around more and more, I asked for ins into what they were doing. For a while, they were skeptical and just told me to continue with my hustle. It’s two very different lanes and needs to be kept separate. I respected and continued doing me with no cause for concern.

On November 19th, 2022, I wish I would have minded my business and stayed far away. My friends were talking about how Walmart had just done a full restock in the electronic department due to the holiday Thanksgiving coming up, and all of their black Friday deals. They were excited and said this would be a big money grab and needed all hands-on deck. They asked if I was still interested, and the way they said we’d make money of course I said yeah.  He told me to put on a nice outfit, similar to something a celebrity would wear.  He said we’d leave out when the store is the busiest between five and six pm. I was still confused, but I said whatever, I trusted him and did whatever they told me to.  On the way to Walmart, they explained the process. Dude was going to go to the register and buy gift cards with someone’s stolen identity then meet us at the register to pay for the items. The other dude told me to go to the electronics and buy as many TV and game systems, controllers, headphones, etc. would fit on a dolly and they would cash me out at the self-checkout register. I thought I was just picking items out and they were paying for them, to me it seemed easy until my cart was full and I was ready to checkout. Then they said to shop around the store like I was shopping, and then use small price stickers and place them over the barcodes. I did it, when we got to the self-checkout, I scanned all the barcodes I had placed over the actual barcodes for the items. It was insane as I was scanning a television a plate for fifty cents popped up. As I scanned a PlayStation 5, a fork scanned for 1.99. It seemed easy, I looked around and it didn’t seem as if anyone was paying attention. All the other Walmart employees were busy helping other customers. The cameras were there, but the acts looked just as If I was scanning the product as the product. The total came up to about $12.46. I had a total of $4,756.69 in products. I was shocked and couldn’t believe this was what they were up to. We get everything loaded in the truck and head back to campus. I started asking questions about what they were going to do with all this stuff, and they said sell it on the marketplace a little cheaper than the store and that’s how they make money from the products. I couldn’t believe it; I got excited as if we had cracked the code to come into some big money. 

As we’re still driving excited about our big score, and the plans we would have with the money a police officer gets behind us, and we immediately begin to panic a little. Although all the items were secured in the trunk and not visible, we didn’t know if they were going to ask us to search the vehicle. I told my boys not only that, but I got some drugs on me and if I get caught with them, they gone take me to jail.  The officers hop out of their vehicles approach the front windows and ask for license and registration and license from all the other individuals in the car. Right now, we’re good. My friend who was driving asked may I ask why we were being pulled over and the officer said they were investigating a theft from Walmart, and the truck matched the description described by the employee who called the officers. Another patrol car pulled up and the officers asked us all to step out of the vehicle and place our hands on top of the vehicle. I knew we were getting ready to be searched. I also knew I had marijuana and pills, called Percocet on me and couldn’t get caught with them. I got out of the car and began running as fast as I could away from the police. I knew one followed me but believed I had enough distance to try to get rid of the drugs I had on my person until I was tackled from the side by a Michigan State Trooper. I feel like he came out of nowhere with his gun drawn and immediately stopped and put my hands. I feared like any other black man in America in this second. A book I read in my criminal justice course explained how many black males feel targeted, and not enough safety measures are taken before drawing a gun. Especially with neighborhood parole and the amount of surveillance many of them are doing something the officer could have used a Taser, or stun gun in this manner. The officer was close enough to me, that either would have been effective in the moment. What we talked about in my class had just become my reality. I yelled out “I am not armed” and “I do not have any weapons on me” as a way to divert the situation for him to put his gun down. I feared that if I moved, I would lose my life right there in that field. He continued to approach me with his gun drawn with his partner and then I was slammed on the ground and placed in handcuffs. The officers escorted me back to the police car, searched me, retrieved the drugs, and placed me in the back of the vehicle. One officer began to harshly ask “Where is the gun” and I replied, “There is no gun, I was not armed” The first officer agreed to begin the paperwork and report out while the other said he’d do a full sweep of the area to retrieve any weapons or. As I was sitting in the back of the vehicle, I could remember a YouTube video about different task forces and how they were hunting guns, and even if you looked as if you had one you could get chased down and found based on the mere thought of you having one. I was in the back of the police car in disbelief.  I couldn’t believe everything I learned about, had just become my reality. 

We get to the station; they get all of my information and then I get put in a holding cell. I knew I had messed up badly. I only had about $700 cash and knew that wouldn’t nearly be enough for me to get out. I can’t afford a lawyer and I know mom is still struggling trying to provide for her new baby.  I knew I was in a sticky situation. I was waiting to go in front of the magistrate and my charges were Conspiracy to commit retail fraud, Second-degree Retail Fraud (felony), Possession of Marijuana (misdemeanor), Possession of a Controlled Substance, and Fourth-degree fleeing and Eluding. Although I had no prior criminal history and was enrolled in college that was no help to me. My actions of fleeing and eluding killed the idea of having a personal bond. Although I pleaded my case, and explained I was poor and didn’t have the money to be able to bond myself out, or family/friends that could help I was still denied, the bond was established at a 10% surety of $50,000. That’s 5,000 I did not have and could not come up with. I had nothing to give to a bail bondsman, a bail reduction was out of the question, and my only option was to remain in custody. Based on the findings reported on January 20, 2022, by the U.S. Commission on Civil Rights in their release, "The Civil Rights Implications of Cash Bail," it is revealed that over 60% of defendants are held in pre-trial detention due to their inability to afford bail. And there I was adding to that number. It seemed unfair, while being incarcerated I wouldn’t be able to attend college, I won’t be able to get a job to even begin to afford the legal fees associated with the charges. I was in for a roller coaster ride and knew it would be hell from this day forward. I made a phone call home to my mother to let her know what was going on and where I currently was. Of course, I knew she would not be able to help me, but I did want to notify her. 

Time went on and on, and the things I saw behind jail walls were insane there was often a lot of gang activities and fights, and we had to worry about the jail being overcrowded from time to time. I began to feel my mental health decline being around a bunch of others while awaiting another court date. I reached out to my court-appointed lawyer multiple times, and he was no help. I called for 45 days with no answers and no plan. It was time for the pre-trial conference, and I only met with him for 20 minutes before the pre-trial conference. I couldn’t believe it. Someone who may not even know what’s going on, someone who was not able to put the time and research into my case had to represent me because I didn’t have funds for a private attorney. I just prayed for the best outcome. When we broke out, we went back to the meeting space and the attorney shared that I would be able to leave on a personal bond today. Some of the charges were dropped and only the most serious crimes will be moved forward on. I thought to myself, this was great. I just knew there was a catch to it, I asked him what was needed of me. That’s when he let me know that if I took a plea deal and pled guilty to Possession of a Controlled Substance, and Second-degree Retail Fraud (felony) it’s possible I’d be able to walk away participating in a HYTA program. Stunned and shocked I didn’t know what my next question should’ve been. I sat there and began to weigh my options. I’m aware from reading an article posted in the inaugural issue of the Annual Review of Criminal Justice Studies, that Estefany Romero from San Francisco State University critically examines the profound implications of the plea bargain system. The article argues that plea bargaining is intricately linked to mass incarceration, emphasizing a positive correlation between the two phenomena. It contends that individuals from minority communities, particularly Latinos and African Americans, face heightened vulnerabilities in the criminal justice system, experiencing over-policing, racial profiling, poverty, and inadequate resources, which often force them into accepting plea deals. I don’t want to fall into the vicious cycle of the criminal justice system, but just like a lot of others who look like me, it’s impossible to win against the system when you’re poor.  I understood what the court-appointed attorney was asking me to do, and at this rate, just so I could get out of jail I asked him what that looked like because I’m unsure of what HYTA is and how that would be beneficial to me. 

The court-appointed attorney continued and stated that HYTA is the Holmes Youthful Trainee Act, a legal provision in the state of Michigan.  The HYTA is designed to provide certain young offenders with an opportunity for rehabilitation and a second chance by allowing them to avoid a regular criminal conviction. To me, this sounded great as it could be a second chance and maybe I could better and make better decisions. He continued explaining the program and stated the program is for individuals between the ages of 17 and 24. If the court decides to apply HYTA, it can defer entering a judgment of guilt. This means that the individual is not convicted of the offense at that time. Instead of a regular sentence, the court may place the individual on probation and impose specific conditions, such as community service, counseling, or restitution. If the individual completes the probation and fulfills all conditions, the charges are dismissed, and the individual avoids a formal criminal conviction. When he finished that all sounded promising, and I agreed that I would take the plea deal. The book Prison by Any Other Name speaks a lot about alternate sentencing and traditional imprisonment. HYTA is a form of rehabilitation offered to help individuals avoid jail time. I just had hoped at that moment I made the right decision. 

I was able to be released from jail the same day and had to return for a sentencing hearing that was scheduled about three weeks out. I was glad I was able to get out, but upon getting out I had nothing to go back to. I was kicked out of college, I was kicked off the team, I didn’t have a place to stay, and I had no transportation. I was able to use the phone to contact my coach and he came and picked me up. I was able to sleep on his couch for a while. It left me pondering about people who are released from prison and have nothing and nowhere to go.  While awaiting sentencing I began to look for a job and had great difficulty finding a job because of my record. It was extremely difficult being turned away and feeling like every door was shut in my face because of it. It weighed me down.

Finally, was time for sentencing and as I stated I would I took the plea deal and would be on probation for the next 2 ½ years with monthly checks-in with the probation officer, I had to pay restitution, wear a GPS tether and complete 100 hours of community service.  I also have to pay the monthly fees for the ankle monitor, and for having the court-appointed attorney. This was already difficult because for three weeks I had just tried to get a job and I was turned away from almost each one. 

In my experience, navigating the legal system and accepting a plea deal that included probation, a GPS tether, and community service closely mirrors the themes explored in "Prison by Any Other Name." This book delves into the financial burdens of electronic monitoring and how it can ensnare individuals within the criminal justice system. Just like the book's discussion of homes turning into carceral spaces through monitoring, my probation, and the requirement to wear a GPS tether brought surveillance and movement restrictions into my daily life. The skepticism in the book about the effectiveness of such measures in fostering genuine rehabilitation resonates with my mandated community service, presented as a rehabilitative component. The challenges I faced in securing employment after legal proceedings align with the book's argument that electronic monitoring can limit opportunities for education and employment, raising concerns about successful reintegration into society. My struggles, combined with systemic issues within the criminal justice system, contribute to the broader theme of inequality explored in "Prison by Any Other Name," where practices like electronic monitoring disproportionately affect marginalized communities. 

From start to finish we see how difficult it was to navigate through the system as a black male who had no resources and or money. I lost it all, and although I’ve taken this plea deal, I will not let it define me, instead I will use it to have a voice. I will use it to fight for those who were not given a second chance. We have acknowledged flaws in our criminal justice system it’s now time to reform and make the system work and become fair across the board. To comprehensively reform the criminal justice system, concrete policy recommendations must address key stages, promoting transparency, equity, and rehabilitation. In policing, a shift towards community-oriented strategies and mandatory training in de-escalation and bias mitigation is crucial. The elimination of cash bail in favor of risk assessments ensures fair pretrial release. Prosecutorial accountability, defense resource enhancement, and the removal of private prisons align with principles of justice. Sentencing reforms, focusing on rehabilitation within prisons, rather than mere punishment, contribute to a more humane system. Reentry programs, such as banning the box and supporting housing and employment initiatives, foster successful reintegration. Juvenile justice reforms advocate for raising the age and expanding diversion programs. Police oversight, accountability measures, and the reconsideration of qualified immunity enhance law enforcement responsibility. Addressing drug policies involves decriminalization, exploring legalization, and emphasizing treatment over punitive measures. These recommendations collectively strive to create a criminal justice system that values fairness, rehabilitation, and community welfare.