Man Gets Leniency on ‘3rd Strike’

A 25-year-old Inglewood man evaded a possible lifetime behind bars Tuesday for a “third strike” offense of carrying a gun after a Superior Court judge agreed that the ex-convict’s efforts to rehabilitate himself warranted leniency.

With his seven-year prison sentence, Nigel Fitzgerald Hall became the latest beneficiary of a key ruling by the state Supreme Court last week that returned to judges some of the sentencing discretion that had been stripped under the 2-year-old “three strikes” law, which had mandated sentences of at least 25 years to life for any third felony conviction.

The details of Hall’s case--his history of youthful gang activity and apparent redemption after a stint in prison--seemed to strike a chord with many who were familiar with it, and the prospect of a life sentence had even produced reservations among some of the prosecutors and law enforcement officials involved in his case.

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After several brushes with the law but no prior convictions, Hall had injured two children--wounded by ricocheting bullets aimed at a gang rival--in a 1989 shooting that counted as his first two strikes. But he emerged from prison seemingly a changed man, marrying, getting a job, going to school at night and earning top grades. If he were not headed to prison, he would have been among the graduates today of a computer training program.

Hall says that he was threatened by gang members while coming home from work one evening and that he purchased a gun to protect himself. He was caught with that gun, which is a felony for a probationer, and was found guilty of his third strike.

Torrance Superior Court Judge Robert Mallano referred to the landmark Supreme Court ruling Tuesday, saying he would exercise the discretion granted to him. Mallano could have chosen to sentence Hall based on three felony convictions or to strike one or both of those prior convictions. Accordingly, Hall could have received anything from probation to 25 years to life.

Mallano said Hall had apparently led a model life after serving a four-year prison term and quoted from a probation report that spoke of Hall’s “excellent behavior” and efforts to turn his life around.

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Mallano also noted that Hall had considerable support and character references from his family, employers, school officials and others, and said those factors also weighed in his decision.

“This is a serious charge that warrants substantial punishment . . . but the interests of justice would be better served by striking one of the prior” convictions, Mallano said.

With credit for time already served since his arrest in October, Hall will serve from 4 1/2 to five years of his sentence, said his lawyer, Arnold Lester.

Hall, who had smiled broadly at family and friends when he entered the courtroom, was more subdued after the sentencing.

“He is disappointed,” Lester said. “He’s not happy with it, but he understands the reasons why the sentence was not lower. He’s resolved to take the steps he needs to take when he gets out to to get his life back in order.”

Prosecutors had argued that Hall’s good behavior after his earlier release from prison did not excuse his obtaining and carrying a weapon in violation of his parole status.

“This kind of case really is the kind of case ‘three strikes’ is about,” said Deputy Dist. Atty. Jennifer Turkat. “He hurt two little girls and less than two years out of prison he’s carrying a loaded gun.”

Turkat said it has not been decided if Hall’s sentence will be appealed.

It was a bittersweet ruling for Hall’s family, who were hoping that the judge might give Hall probation and community service but were happy that he was not going to jail for the rest of his life.

“Now, he will have the same support he’s had all along, we will be visiting him wherever he is and praying for him,” said his mother, Delores Hall.

“He’s strong, he’s a bright young man, and he’ll be only about 30 years old when he get out. He can still rebuild his life.”