The Shadow
RICHMOND, Va. (VR) — Attorney General Jason Miyares renewed his call for the General Assembly to fix Virginia’s Enhanced Earned Sentence Credits (EESC) law. At a press conference yesterday in Richmond, Attorney General Miyares presented alarming new data on recidivism rates and shared firsthand accounts from victims, families, law enforcement, prosecutors, and victim advocates whose lives and communities have been devastated by violent offenders released early under the law.
In 2020, Virginia replaced its “Truth in Sentencing” law with the EESC program, allowing inmates to cut sentences by up to one-third with minimal requirements. Unlike the federal First Step Act, which ties sentence reductions to an offender’s completion of recidivism reduction programs, Virginia’s EESC program has no “enhanced” mechanism to improve public safety. All individuals who spoke at the press conference were victimized by offenders who were released—or due to be released—despite being assessed as high risk for violent reoffending.
The EESC program allows serious, violent, repeat offenders to receive substantial sentence reductions, but the General Assembly failed to include safeguards to protect Virginians or reduce recidivism. Instead, it rewards offenders with early release for behavior that should be expected—such as completing basic programming and avoiding major infractions—even for those assessed as high-risk for violent reoffending.
In February 2024, the OAG uncovered a disturbing truth: inmates released under the EESC system were significantly more likely to reoffend and be rearrested—especially for violent crimes—than those released under the standard system. The result has been a system that prioritizes sentence reduction over public safety, creating opportunities for violent recidivism and leaving victims and communities to bear the tragic consequences.
Data revealed shows:
- In the first full year under EESC (FY2023), 9,638 inmates were released early. Nearly half—49.8%—were rearrested within that year alone, totaling nearly 5,000 individuals.
- In just six months of FY2024, Virginia released 7,193 inmates early under EESC—and over 2,500 of them, or 35.5%, have already been rearrested.
At yesterday’s press conference, Attorney General Miyares was joined by crime victims, survivors, prosecutors, and law enforcement officials who shared firsthand accounts of the harm caused by EESC early releases, including families who lost loved ones and individuals who have faced life-threatening encounters with high-risk offenders released early under this system.
“I have asked to the point of begging for someone to help us, but no one who said they cared and would help got back to me except the Attorney General’s Office,” said Mindy Applewhite, mother of Dr. Lindsey Grizzard Braun¸ who was struck and killed by an EESC recipient driving more than 25 MPH over the speed limit. “The corner of 11th and Broad Street was honorarily named Lindsey Grizzard Braun Street. She is forever looking after her loved ones at the hospital she dedicated her life to. I hope every legislator who drives past her street takes the time to reflect on my daughter and do their best to honor her by fixing the system that got her killed. I am so sad. I am so angry. I want something good to come from this. No family should have to feel the pain of losing a loved one when it could have been prevented.”
“Daniel Vanover should never have been released early. He was not a low-level offender. He was not someone who had earned a second chance. He was a danger to the public, and the law gave him a window of opportunity to harm again. A window that should have never been opened. Mere days after early release, Vanover began to regularly rape an 11-year-old girl. This case is not an outlier. It is a consequence. A foreseeable and tragic consequence of a policy that did not distinguish between those who could be safely reintegrated into society and those who posed a continued threat to it,” said Lee County Commonwealth’s Attorney Fuller Cridlin (D). “We cannot lose sight of who our justice system is supposed to protect. Public safety must always come first. Victims must come first. And when we get that balance wrong—when we prioritize expediency over safety—the consequences are not theoretical. They are real. They are devastating. And they leave scars that no sentence, no conviction, can fully erase.”
“My son would still be alive if his offender had still been in custody. I want justice for my son’s death. People’s lives are not video games that can be paused or re-started. My son’s death is final. He does not get a second chance,” said Angela Tyler-Tann, mother of Ckristofer Tyler.
“Because of the Enhanced Earned Sentencing Credits, a wife almost lost her husband, three children almost lost their father, and twelve grandchildren almost lost their grandfather,” said Martinsville Police Chief Robert Fincher, referencing EESC recipient Jonathan Easter’s attempt to kill Martinsville Police Lt. Doug Graham. “We should support meaningful rehabilitation, but not at the expense of public safety. Let’s stand for justice. Let’s ensure that time served reflects the crime committed. Let’s end this awful practice and prevent others from becoming victims.”
“Michael Woodward did not deserve to have his life taken in such a brutal and cruel manner,” said Wise County and the City of Norton’s Commonwealth’s Attorney Brett Hall (R), after EESC recipient Curtis Holbrook burned Woodward’s home down, killing him. “My office welcomes and supports all legislative changes that would keep repeat offenders off the streets to prevent recidivism and unnecessary violent criminal acts against innocent people.”
Examples of offenders who benefitted from EESC include:
- Daniel Vanover, a child rapist deemed high risk for violent and general recidivism, began repeatedly raping an 11-year-old girl mere days after his early release.
- Shawn McCraw, a drug kingpin assessed as high risk for violent and general recidivism at the time of his early release, was rearrested with over $1 million in drugs and guns, including enough fentanyl to kill 196,000 Virginians.
- Tabias McClain, assessed as high risk for violent and general recidivism at the time of his early release, committed involuntary manslaughter and killed 30-year-old Dr. Lindsey Braun while driving more than 25 MPH over the speed limit in a residential area.
- Jonathan Easter, a would-be cop killer assessed as a high risk for violent recidivism at the time of his early release, injured a law enforcement officer following a traffic stop and attempted to ram the officer and his police vehicle over a cliff using a stolen semi-truck.
- Curtis Holbrook, a repeat offender who had continuously shown he could not maintain good behavior outside of prison and was deemed a high risk for violent and general recidivism at the time of his early release, committed arson and voluntary manslaughter just two months later, killing 65-year-old Michael Woodward.
- Jeremy McGinnis, a domestic abuser who was high-risk for violent and general recidivism, abducted and strangled a woman shortly after his early release and later pleaded guilty to those charges, along with unlawful wounding and blocking the woman from calling 911.
- Austin Surgener, who was serving time for Assault and Battery on Law Enforcement and probation violations and was a high risk for violent and general recidivism at the time of his early release, quickly returned to dealing drugs, accumulating three new felony convictions (and later, a 15-year sentence) within months of release.
- Demond Williams, who was released despite a record of six felonies and 13 probation violations and was deemed medium risk for violent recidivism, was later convicted of the first-degree murder of Ckristofer Tyler and sentenced to 40 years.
Following the brave testimonies given by the victims, their families, and law-enforcement, Senate Majority Leader Scott Surovell (D-Fairfax) immediately attacked the victims, accusing Attorney General Miyares of picking “one-off situations.” Surovell specifically trivialized the “one-off” death of Mindy Applewhite’s daughter, Dr. Lindsey Braun, remarking, “I’m sorry if the woman’s family suffered injury because someone got let out, not everyone that comes out obeys the law…”
“Surovell calling the involuntary manslaughter of Dr. Lindsey Braun a ‘one-off situation’ is disgraceful. Surovell is so desperate to defend a failed policy that he is willing to dismiss the life of a slain Virginian as an inconvenience to his talking points. These aren’t ‘one-offs’—they are sons, daughters, and parents who should still be alive. If Surovell and his allies can’t see that, they have no business being lawmakers,” said Attorney General Jason Miyares. “It’s time for the General Assembly to admit its mistake and fix what it broke. Admit it for Mindy. Admit it for Teresa. Admit it for Ckristofer. Admit it for that innocent 11-year-old girl who deserved to grow up safe. Admit it for the law enforcement officers, the prosecutors, and the victim advocates who see the consequences of these failed policies every day. Admit it for every Virginian put at risk because of their reckless policies.”
The Office of the Attorney General remains ready to work with the General Assembly on bipartisan solutions to strengthen public safety, restore accountability, and ensure that Virginia’s justice system prioritizes the safety and wellbeing of all Virginians.
Click here to watch the press conference.
