Chapter 19 - The sentence
The presentence report described Marcus accurately enough to make everyone uncomfortable.
Forty-two.
No prior convictions.
Steady employment.
Community involvement.
Four years significant caregiving for Leo.
Financial stress.
Terminally ill spouse.
Deliberate unauthorized transaction.
Attempted personal/business benefit.
No actual receipt of insurance proceeds.
Full admission after evidence emerged.
No violence.
Then victim statements.
Was I a victim?
The estate and Leo were affected.
I spoke as guardian.
“I do not want the court to punish Marcus for loving Leo or wanting to remain in his life.”
Marcus looked up.
“I want the court to recognize that he treated Rachel’s consent as an obstacle because he believed his reasons were good enough.”
That was it.
Laura submitted estate statement.
Keystone did not seek policy restitution.
Then Marcus.
“I thought I was solving what Rachel refused to solve.”
He stopped.
“That sentence sounds as bad as it is.”
Then:
“She solved it. I didn’t like the solution.”
Good.
“I changed the beneficiary because I believed being the person who stayed entitled me to override the person who was dying.”
Silence.
Then sentence.
Eight months county custody, with four months suspended upon successful completion of two years probation? Depending jurisdiction felony maybe local jail. Let's choose six months jail with three suspended, community supervision. Need proportionate.
Judge imposed:
Six months county custody.
Three months suspended.
Two years community control/probation.
Financial-crime ethics counseling? Better general financial responsibility / cognitive behavioral program as available.
No access to another person’s financial accounts without explicit authority.
Compliance with family-court contact order.
Court costs.
No $750,000 restitution.
Marcus would serve approximately three months subject to lawful credit/release rules.
Not decades.
Not no consequence.
Then Leo.
How tell him?
Therapist helped.
Marcus had broken a financial law.
He pleaded guilty.
He would be away for a while.
Leo asked:
“Like jail?”
“Yes.”
“How long?”
“About three months, depending rules.”
“Can I call him?”
Family court and jail rules allowed letters/calls subject to arrangements.
We planned.
Leo cried.
Then became furious at Rachel.
“If Mom didn’t hide the phone, Marcus wouldn’t go.”
I swallowed.
“That’s true in one way.”
He looked at me.
“And not true in another.”
“What?”
“The phone did not make Marcus change the insurance.”
He threw his teddy bear across the room.
“Everyone says stuff like that!”
Fair.
He was nine.
May you like
He wanted causation simple enough to hate.
We let him.
