A convicted murderer in Michigan, who was paroled early for good behavior after serving 19 years in jail, reportedly killed again less than one year after his release.
Malcolm B. Benson, 50, was serving a 20- to 40-year prison sentence as part of a plea deal he made in 1995, MLive reports. He was initially charged with first-degree murder but the plea deal reduced the charge to second-degree murder. He was also found guilty of felony use of a firearm, which added an additional two years to his sentence.
Benson was paroled on Jan. 13, 2015, after spending just over 19 years of his minimum 22-year sentence in prison.
On Sept. 23, 2015, he reportedly robbed and killed a man at a bus stop.
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Benson gunned down 59-year-old Army veteran Stanley Carter in front of a group of people, WWJ/AP reports. Police said the shooting was the result of a botched robbery attempt.
Benson was considered a parole absconder upon his arrest.
Based on Michigan’s current Truth in Sentencing law, Benson should not have been eligible for parole until 2017, since he would be required to serve no less than his minimum sentence, MLive notes
Benson’s case preceded the new rules so they did not apply to him.
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" […] Truth in Sentencing [guidelines] didn't come into play until 1998, and his offense occurred in 1995, when we still allowed disciplinary credits," Holly Kramer, a spokeswoman for the Michigan Department of Corrections, told MLive. "Disciplinary credits allowed for parole eligibility to be accelerated for an indeterminate sentence, like his 20 to 40 years, if a prisoner had good behavior.”
On April 21, Benson was sentenced to life in prison for his recent murder conviction.