Originally published in the Autumn 2024 edition of the Virginia Defender, issue 75, printed November 6. Reproduced here for accessibility and archival purposes. To find other stories in the Autumn 2024 issue or to download the full PDF, see this post. For other issues dating back to 2012, see the Full Issues page.

In January of 2002 I was involved in an exchange of gunfire with a Gary, Indiana kop during a bogus traffic stop that he didn’t have the authority to make. A kop who wasn’t seriously injured and was only hit by flying glass and bullet fragments.

A kop who was initially taken away from the crime scene by a superior officer only to return 10 or 15 minutes later and go through the motions of receiving medical treatment and be transported by ambulance.

A kop who ran out of ammunition during the exchange and took cover in his vehicle, when, according to testimony, I still possessed a magazine with at least 10 or 15 more rounds and could have walked those rounds into the target and taken his life. Instead I got into my vehicle and pulled off. An act which in itself negates/contradicts the intent to kill, the primary element of the charge for Attempted Murder.

A kop who left the outcome of the case up to the State and had agreed to a 12 year plea offered by the State. My acceptance of this plea wasn’t communicated by my attorney to the prosecutor during my trial. Instead, their meeting blew up in a heated argument and I ended up getting a 63 year sentence for a NonMurder conviction. (See Transcript/ Court Records)

A kop who was never vindictive and has since retired.

A kop who has been approached after my 20th years of captivity and who wasn’t opposed to my receiving some form of Post Conviction Relief.

Why am I still sitting in prison with a 63 year sentence for a NonMurder Conviction? I received 38 years for Attempted Murder, which was enhanced by 25 years by the Habitual Offender/Three Strikes Law, a law that in Indiana has since been changed. My second strike was for a Class D Out of State Felony, just one step above a Class A Misdemeanor. Under the new law in Indiana that was changed in 2014, this second strike today would no longer be used/applied in the same manner it was when I went to trial. I have served/completed the time for the original Attempted Murder conviction. I’m required to serve 19 years of that 38 yr sentence which I have done.

Regardless of the politics around this case, how can a 56 yr old man, father, grandfather, great grandfather and husband still be held in prison for 20 plus years with all of the circumstances mentioned above being taken into account?

Since my incarceration, I have been diagnosed with Spondylitis, a degenerative disc disease which is a deterioration of the vertebrae and disc within the neck and spinal column. I had major surgery related to this condition in 2015 and still having procedures done in 2023 related to this chronic care Issue.

I also have neurological issues, producing limb and body tremors, mostly concentrated in my hands, leading to muscle atrophy.

In 2009 I was diagnosed with stage 2 kidney disease that was left untreated by the prison authorities. Now, in 2023, after repeatedly complaining about pain in my kidney area, it was discovered that I have a mass growing on my right kidney that may be cancerous (medical is referring to it as carcinoma until it is disproven). This requires surgery for a partial or full kidney removal in order to remove this growth and to prevent the spread of possible cancerous cells. I’m still undergoing tests.

While I’m only getting hit with waves of pain periodically, both kidneys are known to swell and cause immobilizing pain in my lower back area.

I’ve served my time and paid my dues. In further support of the campaign to liberate our elders being waged by the Spirit of Mandela Campaign, it is further Cruel and Unusual Punishment and a Human Rights Violation to continue to hold me in prison for another 20 years!!!

FREE THE LAND!!

FREE SHAKA SHAKUR!!!!

For more information on my case and for a link to donate to my legal fund, go to http://www.shakashakur.org

Shaka Shakur

BUCKINGHAM CORRECTIONAL CENTER