Do Lenient Judges Contribute to Crime?
On February 6, 2023, San Francisco Superior Court judge Linda Colfax sentenced Union Square looter Tomiko Miller to three years in state prison for the Louis Vuitton burglary, along with additional terms for crimes related to smash-and-grab car break-ins.
The high-end Louis Vuitton retail shop and other Union Square stores were ransacked and vandalized on November 20, 2022. Altogether, nine people were arrested on charges related to the brazen smash-and-grab attacks and shoplifting that night. Four others convicted in the incident were sentenced to probation and a few days in jail with credit for time served. Defendant Ivan Speed was also convicted on February 6 for lesser charges, but was reportedly released on probation. The other defendants have not yet gone to trial.
Miller was initially charged with offenses including carrying a loaded firearm, possession of firearm by a felon, grand theft, conspiracy to commit a crime, three counts of second-degree burglary, three counts of receiving stolen property, possession of burglar tools, and resisting, obstructing, or delaying a peace officer.
Miller had been released from custody initially on December 9, despite multiple charges and his prior record as a convicted felon. According to CBS Bay Area, “Prosecutors said a judge rejected their request to hold Miller in custody while the case was pending and that he was released on GPS monitoring.”
After his release by Judge Colfax, Miller was charged with committing smash-and-grab car break-ins at other locations alongside another prolific burglar. His court appearance on the combined charges was scheduled for February 28, 2022, but per the Clerk of the Court, Miller did not show up and a bench warrant was issued for his arrest. Bail was set at $125,000 according to the Court clerk. A District Attorney's office press release dated March 8, 2022 stated that Miller had allegedly cut off his ankle monitor, and he was later re-arrested.
Isn't it outrageous that there are so few consequences for a convicted felon in possession of a firearm who takes part in a brazen gang attack on multiple stores that resulted in more than $100,000 in loot? It's compounded when a judge lets him go free awaiting trial, and he then commits multiple smash and grab auto break-ins alongside one of San Francisco’s most prolific car burglars.
This attack on Union Square had major economic consequences for San Francisco’s economy. And then of course City taxpayers spent an additional $2 million in police patrols after the looting, trying to protect local residents' jobs in retail and the tourism industry. On top of that, Miller was charged with resisting arrest and then he cut off his GPS ankle bracelets. Isn’t there something profoundly wrong with our judicial system when a repeat felon with a gun who has caused so much havoc can be back on the streets in a year or so? We can only imagine what the judge would have done if this case had not drawn national media attention.
Consequences: it's worse than it looks
Though he received a three year prison sentence, it seems Miller did not actually go to prison. Instead, it appears he is currently on probation enabled by our judges and the judicial system.
Credit for time served? Believe it or not, convicted criminals typically receive double days credit for every day up to a year served in jail. So a two-year sentence actually means only one year in jail - or less.
With so little penalty for Mr. Miller's firearm offenses, multiple burglaries and cutting off his GPS monitor, it’s no wonder San Francisco suffers so many burglary and shooting offenses. Armed repeat offenders should be made to understand there are consequences. Perhaps they deserve a longer time-out to reflect on their crimes.