Kew Chin’s children made emotional pleas to Circuit Judge Kevin Blazs in January to reject a request from prosecutors to let their father’s killer out of prison early.
Blazs did just that Thursday as two of Chin’s children watched in silence in the courtroom.
State Attorney Angela Corey’s office asked Blazs to reduce the prison term of Curtis Cross, who killed Chin during an armed robbery in 1988.
Cross pleaded guilty and was sentenced to life in prison.
The request was made under a relatively new state law that allows prosecutors to seek a reduction in sentences for convicted felons who provide “substantial assistance” in other felony cases. The law says the assistance can be providing help with identifications, arrests or convictions in those cases.
Prosecutors gave Blazs six cases to consider. He said no evidence was offered in any of those cases that Cross helped with the identification or arrest of suspects. In two cases, the judge said, it was not established that Cross’ assistance helped gain convictions.
After reviewing the remaining four “in great detail,” Blazs said while Cross’ help was appreciated, it did not meet the standard for “substantial assistance.”
Plus, he said, even if Cross had met the standard, he would not have reduced his sentence. Blazs pointed out that Cross did not have “a passive role” in Chew’s murder.
Instead, he said, Chin was a random victim killed by Cross because he resisted during a robbery. The judge said Chin was “shot and died in front of his wife.”
Blazs said he “grappled” with whether the statute was meant for a crime like the one Cross committed.
He concluded that parole hearings are the appropriate forum for Cross’ assistance to be considered.
After the hearing, Chin’s son who was at the hearing declined to comment.
Assistant State Attorney Richard Mantei, who represented Corey’s office in the matter, said in an email, “Thanks for the inquiry but we will not be commenting further on the case.”
Mantei previously said he thought Cross provided the level of assistance required under the law.
He said then it was “difficult to imagine” what else Cross could have done to help. Cross provided testimony in “stand your ground” hearings and information in other cases.
George Fallis, one of Cross’ attorneys, also declined to comment because he wanted to read the judge’s order again.
The order was not available from the clerk’s office Friday morning.
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