On Thursday, 54-year-old Otis McKinzy was convicted of both kidnapping and sexual assault following the incident in December. The Madera County DA’s office says state law would have blocked him from being eligible for parole, but after a 2014 ruling by the federal government to deal with prison overcrowding, he would be eligible for California’s elder parol program.
Even though McKinzy was subject to California’s “three-strikes-law,” following a previous rape conviction from 1997 and his two most recent convictions, McKinzy would qualify for the court-ordered program thanks to the federal ruling to deal with overcrowding.
This ruling makes McKinzy eligible for elderly parole consideration under the court-ordered program when he’s 79, according to the Madera County District Attorney’s Office, since McKinzy is 54 and will have served 25 years by then.
However, there is no guarantee that McKinzy will be granted parole. The federal ruling simply means McKinzy would be eligible to apply for elder parole – but does not mean it would be granted.
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