Felon who stole veteran’s classic cars released early | Fresno Bee

A Fresno man who stole two classic cars from an Air Force veteran on Veterans Day in 2015 has been released early from prison under Proposition 57.

Thomas Leo Cummings Jr. and Jennifer Carlton stole the two cars, a 1956 Chevy Bel Air and 1966 El Camino, from a barn near Kerman. Don and Faith Klein were storing the cars there for their grandsons after Don, a retired Air Force lieutenant colonel, restored them.

The Kleins learned of the theft on Veterans Day that year. Cummings and Carlton were arrested soon after, and a law enforcement auto theft task force recovered the cars, in good condition, and returned them to the Kleins.

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Carlton pleaded no contest to two counts of unlawful taking of a vehicle as well as burglary, identity theft and possession of stolen property. She was sentenced to 16 months in the Fresno County Jail and 16 months of supervised release.

Cummings was sentenced in June 2016 by Judge James Kelley to five years in prison after pleading no contest to two felony counts of unlawful taking of a vehicle. He could have faced more than nine years in prison. He was in custody at Fresno County Jail from the time he was arrested and during court proceedings.

The Fresno County District Attorney’s Office announced in a news release on Monday that Cummings would be released.

In 2016, California voters approved Proposition 57, which increased parole chances for felons convicted of “nonviolent” crimes. It also allows judges to choose whether juveniles will be tried as adults or minors in court, rather than prosecutors. District Attorney Lisa Smittcamp joined other district attorneys and law enforcement officials statewide in opposing the proposition.

“This tells him he can go out and steal more cars with impunity and can count on: One, the judge giving him a break; and two, the parole board giving him a break,” said Blake Gunderson, Fresno County assistant district attorney.

At Cummings’s sentencing hearing, the probation department said he posed a “high violent” risk to the public and performed poorly on parole, the district attorney’s office said. “After three prison commitments, he continues to disregard the law and is a risk to the property of others,” the probation department said in a statement.

A deputy commissioner for the board of parole hearings said in a decision to release Cummings that Cummings’ previous convictions were mostly for drug and property crimes. However, the district attorney’s office said Cummings was convicted for gun possession, resisting an officer, battery against an officer and more. The district attorney’s office also said Cummings violated parole in 2003, 2004, 2010 and 2011.

As of Monday, 21 prison inmates from Fresno County have been granted release under Proposition 57, Gunderson said. More are expected.

“It’s incredibly frustrating to turn around and see a judge give your cases away,” he said, adding that Cummings likely will continue to commit crime. “He learned a lesson – that it’s incredibly easy in California to commit felonies.”

Under Proposition 57, only the inmate can appeal a decision on early release. The district attorney’s office cannot appeal the decision, and prosecutors can’t review the prison file of an inmate who’s being released early. The victim will be notified of an offender’s early release only if they’ve registered with the California Department of Corrections and Rehabilitation.

This story was originally published December 11, 2017 4:21 PM.