Let us not
forget this slain couple, Jason Berguson and Amy Shute who were both murdered
twenty years ago on this date, June 9, 2000.
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Amy Shute and Jason Berguson
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Remembering Jason Burgeson
and Amy Shute
and Amy Shute
News | Their Story | Jason | Amy | Poems & Essays
| GuestGear | Contact Me
What Happened
On June 9,
2000, my close friend, Jason Burgeson, 20 (of Lakeville, MA), and his friend,
Amy Shute, 21 (of Coventry, RI), were brutally murdered in Rhode Island. The
two went dancing at a night club in Providence with some friends (including me)
that night. When the club closed, Jason, Amy, and two other friends got into
Jason's car. After dropping the other two off at a nearby bar around 2am, Jason
and Amy were standing near Jason's Ford Explorer when they were approached by
five men. They were robbed and forced at gunpoint into Jason's car. The men
brought them to an unfinished golf course where, after watching the two beg for
their lives, one of the men shot each in the head execution style. In the blink
of an eye he took away two bright, fun spirits. Jason and Amy did nothing to
deserve this. Five men were out looking for some random trouble and found it.
Because of
brutal crimes such as this, there is a federal statute that states that
carjackings which lead to kidnapping and murder are crimes punishable under
federal law. Because Rhode Island does not have the death penalty, Jason and
Amy's families and friends fought for the case to become federal so their
killers could possibly face death.
The Letter
Campaign
Thank you to
everyone who participated in the letter campaign. You helped us get one step
closer to justice for Jason and Amy. For those of you unfamiliar with the
letter campaign, we asked everyone to send letters to Attorney Generals Janet
Reno and Margaret Curren to ask that this case be tried under federal law.
Sample letters, both written by Jason's sister, could be used or people could
write their own personal letters.
The Trials
The case was
brought to federal court, and four of the five men, including the shooter,
plead guilty in exchange for their lives. The government decided not to pursue
the death penalty for the fifth man, who subsequently had his federal charges
dropped (by the judge, not the jury). His trial was finally heard by the state
in 2004, and he was found guilty on all charges. Now that the trials are over,
Jason and Amy's families and friends can finally begin the healing process...
The Sentences
Gregory Floyd,
the admitted shooter, plead guilty (without a plea bargain) and, on 9-10-02,
was sentenced to life in federal prison without the possibility of parole.
Harry Burdick
signed a plea bargain and, on 10-8-02, was sentenced to life in federal prison
without the possibility of parole.
Sammie
Sanchez plead guilty (without a plea bargain) and, on 11-7-2002, was sentenced
to life in federal prison without the possibility of parole.
Raymond
Anderson also signed a plea bargain and, on 11-13-02, was sentenced to 30 years
in federal prison. He can cut 4.5 years off of his sentence depending on good
behavior.
Kenneth Day
went to trial in February 2003 and was aquitted of Federal Charges. The state
then pursued his case in June of 2004, and he was found guilty and sentenced to
four consecutive life sentences for his role in Jason and Amy's murders.
INTERNET SOURCE: http://burgesonandshute.tripod.com/oldsite/story.htmAmy Lynn Shute
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Birth
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Death
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9
Jun 2000 (aged 21)
Johnston, Providence County, Rhode Island, USA |
Jason L. “Jay” Burgeson
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Birth
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Death
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9
Jun 2000 (aged 20)
Johnston, Providence County, Rhode Island, USA |
MAN CONVICTED OF KILLING COUPLE SEEKS
COMPASSIONATE RELEASE FROM PRISON AMID COVID-19 PANDEMIC
By Jonah Kaplan and Samantha
Kummerer
Friday, May 29, 2020 7:32PM ET
Friday, May 29, 2020 7:32PM ET
RALEIGH (WTVD) -- Nearly 20 years
after a young couple was kidnapped, robbed and killed, the man who pled guilty
in their killing is seeking release from federal prison.
The incident on June 9, 2000, is
still a night Kellie Surdis remembers well. Her brother, Jason Burgeson and his
girlfriend, Amy Shute, were only around 20 years old when they were killed.
"He had them kneel down, he
blindfolded both of them, they were crying, and they were saying, 'You don't
have to kill us. You don't have to kill us,'" Surdis recalled what was
said during the testimony.
Gregory Floyd pled guilty to carjacking resulting in death and was sentenced to life in prison without parole back in 2001.
He's serving his time in the Butner Federal Medical Center outside Raleigh, however, Surdis got a letter from the prison last week notifying her that Floyd was seeking a release.
"This is just utter devastation for our family and the family of the Shute's," she said. "We have just tried to kind of make a life even though we've been faced with this insurmountable loss."
Floyd's seeking what's called a compassionate release.
The law allows inmates to ask the court and prisons to reduce or modify their sentences in "particularly extraordinary or compelling circumstances," usually it allows elderly or inmates with severe medical conditions to go home.
While the letter Surdis received didn't specify COVID-19 concerns, the ABC 11 Investigative team found since April, 20 motions labeled 'compassionate release' have been filed in the U.S. District Court for the Eastern District of North Carolina. Many of the motions cited COVID-19. During the same time last year, court records show only one compassionate release motion was filed.
FULL CORONAVIRUS COVERAGE
Locally, the true number of inmates requesting compassionate release is likely much higher as inmates don't have to file a motion with the court.
Inmates can also try to request release from prison administrators, but this process is often time-consuming.
Gregory Floyd pled guilty to carjacking resulting in death and was sentenced to life in prison without parole back in 2001.
He's serving his time in the Butner Federal Medical Center outside Raleigh, however, Surdis got a letter from the prison last week notifying her that Floyd was seeking a release.
"This is just utter devastation for our family and the family of the Shute's," she said. "We have just tried to kind of make a life even though we've been faced with this insurmountable loss."
Floyd's seeking what's called a compassionate release.
The law allows inmates to ask the court and prisons to reduce or modify their sentences in "particularly extraordinary or compelling circumstances," usually it allows elderly or inmates with severe medical conditions to go home.
While the letter Surdis received didn't specify COVID-19 concerns, the ABC 11 Investigative team found since April, 20 motions labeled 'compassionate release' have been filed in the U.S. District Court for the Eastern District of North Carolina. Many of the motions cited COVID-19. During the same time last year, court records show only one compassionate release motion was filed.
FULL CORONAVIRUS COVERAGE
Locally, the true number of inmates requesting compassionate release is likely much higher as inmates don't have to file a motion with the court.
Inmates can also try to request release from prison administrators, but this process is often time-consuming.
"You've got a pandemic that's running through the prison, you don't always
have 70 days to wait, especially when someone has high-risk conditions like
respiratory illness," explained Lynne Reid, a defense attorney working
with inmates at Butner and across the country to file compassionate release
motions.
Ten inmates have died, and nearly 400 others have tested positive across the four Butner facilities, according to the Federal Bureau of Prisons.
Nationwide, 64 federal inmates have died, and more than 5,000 inmates have tested positive for COVID-19.
Butner's low and medium facilities rank top in the country for inmate deaths and cases.
RELATED: Former Butner prison inmate describes life inside a coronavirus hot zone
Compassionate release and home confinement have always been a tool for prisons to manage population, but they are increasing during the pandemic.
"These guys are scared," Reid said of Butner prisoners she's spoken with.
U.S. Attorney General William Barr ordered the Federal Bureau of Prisons in April to maximize home confinement to minimize the spread of COVID-19. The CARES Act also expands criteria for eligibility for home confinement. Since then, home confinement has increased by 119 percent with more than 3,300 sentences modified, according to the Bureau of Prisons.
Since 2018, 412 inmates have been granted compassionate release /reduction in sentences, however, this doesn't include any releases granted during the pandemic.
"These prisoners have violated laws, but do they not have the right to protect themselves from a disease that is potentially deadly? They're forced to try to protect themselves because the prison is not doing that job, they can't do the job," Reid said.
Ten inmates have died, and nearly 400 others have tested positive across the four Butner facilities, according to the Federal Bureau of Prisons.
Nationwide, 64 federal inmates have died, and more than 5,000 inmates have tested positive for COVID-19.
Butner's low and medium facilities rank top in the country for inmate deaths and cases.
RELATED: Former Butner prison inmate describes life inside a coronavirus hot zone
Compassionate release and home confinement have always been a tool for prisons to manage population, but they are increasing during the pandemic.
"These guys are scared," Reid said of Butner prisoners she's spoken with.
U.S. Attorney General William Barr ordered the Federal Bureau of Prisons in April to maximize home confinement to minimize the spread of COVID-19. The CARES Act also expands criteria for eligibility for home confinement. Since then, home confinement has increased by 119 percent with more than 3,300 sentences modified, according to the Bureau of Prisons.
Since 2018, 412 inmates have been granted compassionate release /reduction in sentences, however, this doesn't include any releases granted during the pandemic.
"These prisoners have violated laws, but do they not have the right to protect themselves from a disease that is potentially deadly? They're forced to try to protect themselves because the prison is not doing that job, they can't do the job," Reid said.
An inmate's charges and sentences don't disqualify them from seeking
compassionate release, which means even Floyd who's serving a life sentence for
a killing can be considered.
Reid explained those factors are considered but inmates mainly have to prove they have an underlying health condition and they aren't a danger to the community.
Surdis said she had just days to mail her comments to the prison be considered during the decision for Floyd.
Reid explained those factors are considered but inmates mainly have to prove they have an underlying health condition and they aren't a danger to the community.
Surdis said she had just days to mail her comments to the prison be considered during the decision for Floyd.
"And he said, 'I felt nothing, and I just pulled the trigger,' and I think
that he deserves the same lack of compassion now," Surdis said recalling
what Floyd said at trial.
She said she doesn't know what Floyd's condition is, but he has been in the
Butner Medical Facility since before the COVID-19 pandemic.
The Butner Medical Facility did not return the ABC 11 Investigative team's
call. The Federal Bureau of Prisons would not release any information on
Floyd's situation or updates on his request for release.
"That night, June 9 of 2000, when Gregory Floyd pulled that trigger, he
murdered Jason and Amy, but he also gave our family a life sentence that we
cannot escape because our loved ones will never come back," Surdis said.
As cases continue to rise in prisons across the country, courts are being
turned to more and more to balance justice with health.
"Someone is going to have to decide how much
is too much and how much risk is too much and whether or not prisoners are
entitled to live while they serve out their sentences," Reid said.
OTHER LINKS:
http://burgesonandshute.tripod.com/oldsite/story.htm
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