Albert Mitchell

Judge rules inmate is safer from COVID-19 in prison than at home

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Despite conditions that make social distancing difficult during the COVID-19 pandemic, a New Mexico state district judge ruled that keeping a man in state prison would be safer than going home roughly four months early. 

District Judge Albert Mitchell ruled on Aug. 20 that despite his underlying health conditions and close living conditions in prison, Stanley Ingram would be safer in prison than at home with his girlfriend in Tucumcari. 

In the order, Mitchell acknowledged Ingram’s health conditions, including diabetes and heart arrythmias, and how those conditions have been reported to create a higher risk of experiencing severe complications from COVID-19. Still, Mitchell reasoned that since there is only one reported case in the Penitentiary of New Mexico, where Ingram is detained, and fifty cases in the county where he would live when released, Ingram is safer in prison. 

“The policies and procedures implemented at the Department of Corrections facility where Mr. Ingram is being held appear to be more effective in protecting the individuals in state custody from COVID-19 than the Governor’s orders as implemented in Quay County, New Mexico,” Mitchell wrote. 

In a phone call last week, Mitchell told NM Political Report that he cannot speak about Ingram’s case specifically because it’s still considered pending. 

Ingram could still appeal the ruling, but he said he can not afford another attorney and that the issue would likely not be settled before his pending Dec. 15 release date.  

During a call from prison, Ingram told NM Political Report he was disappointed by the ruling.  

“That’s ludicrous what he did, and it’s not right.” Ingram said. 

NM Political Report previously reported that Ingram had obtained a number of educational and drug treatment certificates while incarcerated and was initially not given credit towards early release. The New Mexico Department of Corrections finally did honor his certificates and Ingram expected to be released in November.

COVID-19

Q&A with Santa Fe inmate

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NM Political Report first wrote about Stanley Ingram in June when we looked at what he and another inmate had to say about conditions inside the Penitentiary of New Mexico in Santa Fe. At that time he said he was worried that if he told prison staff that he wasn’t feeling well, he would be quarantined with COVID-19 positive inmates before he was tested himself.  

We later heard from him in July when he told us about his trouble getting credit for an educational certificate he earned while serving time. His story is nothing new to many who have family in prison, or those who have been incarcerated. 

But his story did highlight the sometimes confusing path inmates often have to navigate in order to shave time off their sentences, even after earning what is commonly referred to as “good time.”

Ingram said prison doctors told him that he is prediabetic and so he takes a tube of glucose when needed. He also said he has a heart condition. Gov. Michelle Lujan Grisham issued an executive order earlier this month that allows certain inmates to leave prison a month earlier than their original sentence, as a way to limit the number of inmates in prisons, and therefore decrease the spread of COVID-19.

ACLU of New Mexico

The confusing path to getting out of prison early

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Unless he gets an early release, Stanley Ingram is set to leave state prison in about 100 days. His parole plan, he said, includes going to live with family in Tucumcari and trying to put his Associate’s degree in wind energy technology to use. Besides his two year degree, he also earned two occupational certificates in the same field and a certificate for completing drug treatment while in prison. He said after spending years in and out of prison and struggling with substance abuse, he’s ready to leave his old life, and even his own self, behind. 

“That old Stanley’s dead and gone,” Ingram said. 

There’s little doubt that Ingram has already received second, third and fourth chances before he began his latest stint in state prison. According to court records, Ingram violated probation numerous times after he was convicted of a handful of felonies, including burglary and contributing to the delinquency of a minor. 

Ingram’s record inside prison seems to show he’s made a turn, although there is enough in his prison disciplinary record to make his attempts at early release more difficult. 

He was able to appeal most of the infractions he faced inside.