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LOUISVILLE, Ky. (AP) —
Virginia Chumbley was asleep when she was shot to death in her home. The killer left the handgun in the bedroom and cried as he called 911.
"I just shot my wife," Chris Chumbley told the Laurel County emergency operator. "Give me the police. I'm under arrest."
He later told authorities the killing was an act of mercy: His wife of two decades, who everyone knew as Jenny, had asked to die because her cancer had spread.
Her body was swollen and her pain was immense. She had to use a wheelchair when she wasn't bed-ridden and Chumbley has said he was honoring her wish.
Chumbley, 50, was charged with murder, but last month, prosecutors reached a deal that would allow him to plead guilty to manslaughter. He faces 15 years in prison when he is sentenced by a judge Thursday.
The August 2013 shooting renewed the debate over mercy killings and the right to die in a nation where five states — Oregon, Vermont, Washington, Montana and most recently California — have laws that allow doctors to prescribe life-ending drugs.
In Jenny Chumbley's case, her husband and prosecutors disagreed over how long she had to live. He said she only had weeks, his lawyer said. Prosecutors believe it was longer than that.
Chumbley's brother, Tony Chumbley, said Chris and Jenny had watched Chris' mother slowly die of lung cancer years before, and she told Chris she never wanted her suffering dragged out like that.
"I think Chris done it out of love for her," said Tony Chumbley, who also lives in Laurel County, nestled in Kentucky's Appalachian hills. "I think he would not have done it if she didn't ask him to. If my wife got that sick and she asked me, I would hope I was man enough to do what Chris did."
On the 911 call the night of the shooting, Chris Chumbley told the operator that his wife has cancer "all over" and had a doctor's appointment the next day.
During the 16-minute call, he asked the operator if he could go see his wife's body one last time.
The operator said no, and he complied.
Jenny Chumbley's mother, Rita Smith, told media after a 2013 hearing that Jenny wanted chemotherapy and did not want to die. A phone number for Smith could not be located.
Laurel County Commonwealth's Attorney Jackie Steele said he spoke to people on Jenny Chumbley's side of the family about the plea agreement and thinks they understand it.
"I can't say they agree with it or like it," Steele said.
There have been other recent cases of alleged mercy killings. Last year, 88-year-old William Dresser shot his wife of 68 years in her Nevada hospital bed after she had begged to die.
Dresser was later cleared after prosecutors determined it wasn't malicious and Dresser was too old and sick to face prison.
A California case that's still pending involves Jerry Canfield, who placed roses around his ailing wife of 37 years before shooting her in the head. The 72-year-old Canfield told police the two had agreed he would end her life if an illness left her in constant pain. He is charged with murder.
Right-to-die advocates say families should have more options.
"It is a very, very hard thing to watch somebody you love suffer," said Alexa Fraser, whose father fatally shot himself last year after battling Parkinson's disease.
Fraser works with a Denver-based group called Compassion And Choices and is advocating for a right-to-die law in her home state of Maryland.
Her father, Alex, didn't want to live in a nursing home, but he was falling frequently and was worried he would end up there.
"He reached the point where he decided he had to end his life, and that went very badly," she said.
First he tried overdosing on painkillers, and then slitting his wrists. Fraser and her husband found his body after he decided to use a gun.
"I do not want anyone to go through what my father went through," she said.
WASHINGTON (AP) —
A push to overhaul criminal sentencing is prompting the early release of thousands of federal drug prisoners, including some whom prosecutors once described as threats to society, according to an Associated Press review of court records.
About 6,000 inmates are due to be freed in the coming month, the result of changes made last year to guidelines that provide judges with recommended sentences for specific crimes. The Justice Department says roughly 40,000 inmates could benefit in coming years.
Many of them are small-time drug dealers targeted by an approach to drug enforcement now condemned by many as overly harsh and expensive. But an AP analysis of nearly 100 court cases also found defendants who carried semi-automatic weapons, had past convictions for robbery and other crimes, moved cocaine shipments across states, and participated in international heroin smuggling.
Supporters of lighter drug sentences say there's no evidence that longer punishment protects public safety. Studies show that inmates released early aren't more likely to reoffend than those who serve their entire sentences.
Still, the broad spectrum of defendants granted early release — including some about whom prosecutors not long ago raised dire warnings — underscores the complex decisions confronting the government as it pursues an overhaul of drug sentencing.
"I'm a career prosecutor. I'm a law-and-order girl, and I believe that you need to send dangerous people to prison for a very long time," said Deputy Attorney General Sally Yates. "But I think that we need to be smart about deciding who are those dangerous people."
Willie Best, a one-time District of Columbia drug dealer whose sentence was already cut under crack guideline changes, had an additional month taken off and is due out in 2016.
Prosecutors in 2008 said Best helped run a drug-dealing organization, shot at someone he believed had stolen from him and, after fleeing, was found in a stolen car with an assault rifle. His lawyer described him as the product of a troubled, impoverished upbringing. Best, in an interview from prison, called himself a loving father who bears no resemblance to his past self.
"It's been a long time coming. Eight years is a long time," he said. "I came in one way. I'm coming out another."
Guidelines set by the U.S. Sentencing Commission offer recommended minimum and maximum terms for federal crimes. The independent commission voted last year to reduce ranges for drug offenses, then applied those changes to already-imprisoned convicts.
Since then, prisoners have sought relief from judges, who can reject those they consider public safety threats. About three-quarters of requests had been granted as of August.
The first wave is due around Nov. 1, and most of those getting early release are already in halfway houses or under home confinement. Others will be released to immigration authorities for eventual deportation.
Though the commission has repeatedly amended the guidelines, including narrowing the disparity between crack and powder cocaine sentences that resulted in disproportionately long penalties for blacks defendants, the latest revision is its most sweeping because it covers all drug types. It delayed implementation by a year to allow judges time to review requests and weed out inappropriate candidates.
"Nothing to date comes close to what this shift is likely to produce over the next decade or so, starting this year," said Marc Mauer of the Sentencing Project, an advocacy group.
The action, along with an Obama administration clemency initiative and directives against mandatory minimum sentences, is part of a national effort to rethink punishments for a drug offender population that comprises roughly half the federal inmate count.
New bipartisan legislation aimed at reducing spending on a prison system that sucks up nearly one-third of the Justice Department budget would give judges greater sentencing discretion and ease penalties for nonviolent criminals.
Supporters call the commission's move, which would on average pare two years from sentences and in many cases just months, a modest dialing-back of punishments that were too harsh to begin with and wouldn't be imposed today.
Research shows "longer lengths of stay cost taxpayers a tremendous amount but don't add any additional crime-control value," said Adam Gelb, a Pew Charitable Trusts criminal justice expert.
But absent foolproof formulas, judges are grappling to balance cost against public safety.
The issue arose last month in Washington, D.C., where a judge rejected bids from two organizers of a 1980s-era cocaine trafficking operation. Though both were sentenced in 1990, the judge declared them to be continuing threats and chastised prosecutors for appearing to dismiss the pair's involvement in violent and calculating crime.
Others with shortened sentences, like one caught with crack and guns pending sentencing in another case, are defendants whom prosecutors said had squandered repeated opportunities.
Regis Payne is due out in 2017 after his 82-month sentence for selling PCP in the District of Columbia was cut to 60 months. Before his 2012 sentencing, prosecutors called him a "calamity waiting to happen," undeterred by past convictions. Roscoe Minns was cleared for release in November, though prosecutors in 2012 highlighted prior assault and theft convictions.
"Mark my words: The sky will not fall," said Julie Stewart of Families Against Mandatory Minimums.
Tuan Evans, who sold pistols and cocaine to undercover officers, had 11 months shaved off his 108-month sentence. He wrote from prison that he's acquired haircutting skills and hopes to start a landscaping business and mentor children once he's freed. Records show a 2018 release date.
"You don't have to lock us up and throw away the key when we make a mistake," he said.
WASHINGTON (AP) —
The Obama administration deported fewer immigrants over the past 12 months than at any time since 2006, according to internal figures obtained by The Associated Press as Democratic presidential candidate Hillary Rodham Clinton called Obama's deportation policies too harsh.
Deportations of criminal immigrants have fallen to the lowest levels since President Barack Obama took office in 2009, despite his pledge to focus on finding and deporting criminals living in the country illegally. The share of criminal immigrants deported in relation to overall immigrants deported rose slightly, from 56 percent to 59 percent.
The overall total of 231,000 deportations generally does not include Mexicans who were caught at the border and quickly returned home by the U.S. Border Patrol. The figure does include roughly 136,700 convicted criminals deported in the last 12 months.
Total deportations dropped 42 percent since 2012.
In a statement Tuesday evening, U.S. Immigration and Customs Enforcement spokeswoman Jennifer Elzea said the agency "has refined its priorities to improve the quality of its removals by focusing on the most serious public safety and national security threats as well as recent border crossers.
"As a result, overall removals may show a decline, consistent with a substantial drop in overall apprehension, among other factors," Elzea said.
In a Miami interview with Spanish-language TV network Telemundo, Clinton promised to be "less harsh and aggressive" than Obama in enforcing immigration laws.
"The deportation laws were interpreted and enforced, you know, very aggressively, during the last six and a half years, which I think his administration did in part to try to get Republicans to support comprehensive immigration reform," Clinton said in the weekend interview.
In the first two full budget years under the Obama administration, the U.S. deported more people year over year, until reaching its 2012 peak. Those increases, which started under the administration of President George W. Bush, were small, rising just a few percentage points each year. Nevertheless, the record deportations in 2012 led immigration advocates to criticize Obama as the "deporter-in-chief."
After multiple bills to overhaul immigration laws failed in Congress during Obama's first term, he made administrative changes aimed at narrowing the population of immigrants targeted for deportation. The focus since then has been on criminals, and the overall number of deportations has steadily declined.
The Homeland Security Department has not yet publicly disclosed the new internal figures, which include month-by-month breakdowns and cover the period between Oct. 1, 2014, and Sept. 28. The new numbers emerged as illegal immigration continues to be sharply debated among presidential candidates, and has been a special focus of Republican Donald Trump.
And they come as Obama carries out his pledge from before his 2012 re-election to narrowly focus enforcement and slow deportations after more than a decade of rising figures.
The biggest surprise in the figures was the decline in criminal deportations. Homeland Security Secretary Jeh Johnson last year directed immigration authorities anew to focus on finding and deporting immigrants who pose a national security or public safety threat, those who have serious criminal records, and those who recently crossed the Mexican border. The decline suggests the administration has been failing to find criminal immigrants in the U.S. interior, or that fewer immigrants living in the U.S. illegally had criminal records serious enough to justify deporting them.
"With the resources we have ... I'm interested in focusing on criminals and recent illegal arrivals at the border," Johnson told Congress in April.
Roughly 11 million immigrants are thought to be living in the country illegally.
Obama has overseen the removal of more than 2.4 million immigrants since taking office, but deportations have been declining steadily in the last three years. Removals declined by more than 84,000 between the 2014 and 2015 budget years, the largest year-over-year decline since 2012.
The Homeland Security Department has in the past attributed the steady decline to changing demographics at the Mexican border, specifically the increasing number of immigrants from countries other than Mexico and the spike in unaccompanied children and families caught trying to cross the border illegally in 2014. The majority of the children and tens of thousands of people traveling as families, mostly mothers and children, came from Honduras, El Salvador and Guatemala.
The Border Patrol historically sends home Mexican immigrants caught crossing the border illegally, but U.S. Immigration and Customs Enforcement must fly home immigrants from other countries. That process is more expensive, complicated and time-consuming, especially when immigrants fight their deportation or seek asylum in the United States.
Arrests of border crossers from other countries also dropped this year, along with the number of unaccompanied children and families. As of the end of August, the Border Patrol arrested about 130,000 immigrants from countries other than Mexico, about 34,500 unaccompanied children and roughly 34,400 people traveling as families.
More than 257,000 immigrants from countries other than Mexico were apprehended at the border during the 2014 budget year, including more than 68,000 unaccompanied children and tens of thousands of family members. It was the first time that immigrants from other countries outnumbered those from Mexico.