Victim Impact Statement

Victim Impact Statement by Obadiah Ballinger for Kenntrail Marshall’s Sentencing Hearing May 7, 2014 Dear Judge Tilsen, Thank you for the opportunity to present a statement regarding the impact of this incident, and my wishes for Kenntrail’s sentencing. The incident on December 26th had no lasting impact on my physical health. As you can see, the minor injuries I suffered healed quickly and I bear no signs of them today. I experienced momentary feelings of insecurity and danger in my community, but those have passed as well. I know I am fortunate that nothing was taken and I was not worse injured. I have Kenntrail’s change of heart—even in the moment he and Demetrius were assaulting me—to thank for that. I count myself blessed that Kenntrail’s conscience regained control of his fists, and he disengaged as quickly as the provocation began. I look on the incident now as one unfortunate day in my life that has had no lifelong negative consequences. I hope your decision today will allow Kenntrail to say the same. In the past few months I’ve had a chance to learn more about Kenntrail from people who know him well. I’ve learned of the progress he made under the care and supervision of folks at Brotherhood, Inc., where Kenntrail was developing into a mentor for younger youth, and used his computer skills to design brochures for the organization. I’ve seen Kenntrail’s artistic performances describing abuse he suffered in prior detention. I’ve heard a trained social worker say that though there may be some people beyond rehabilitation, Kenntrail is not one of them. I’ve also heard people talk about the challenges Kenntrail faces, some of which are his doing, and some which are beyond his control. His temper is clearly a problem, and his prior run-ins with the law make it harder to trust that he’ll be safe and healthy for others when he’s returned to society. He’s told the court previously of the difficulty he’s had in getting medications to help with his mental health, but he seems to do better when he’s assisted in this way. I do not know the full damaging extent of racism, poverty and homelessness in Kenntrail’s life, but it would be naïve to think that our societal inequalities have no bearing on why Kenntrail is here today. None of this is to excuse his behavior, but it reveals what happened on December 26th in a broader context. I believe that Kenntrail Anthony Marshall is a child of God, created in love, capable of a better future, and deserving of the court’s mercy. There is a whole crowd of people in this community who care about Kenntrail and believe in him. Neither justice nor my wishes would be served by sentencing him to a lengthy prison term and keeping him away from positive influences any longer than he already has been. Judge Tilsen, I ask you to render justice for Kenntrail in a manner that encourages rehabilition and a prudent-but-swift reentry into society, with concrete steps to support him in the process. This support might take the form of mental health and rehabilitation services if he is to continue in detention, coaching to create a plan of successful reentry into society, and deliberate reconnecting to a community of support on the outside such as his family and Brotherhood Inc. in St. Paul. Once Kenntrail has returned to society, I would ask him to participate in a restorative justice meeting with the neighborhood where this took place, and hope he could continue to be supported with an active probationary process that both holds him accountable and cares for his ongoing needs. With this support, I believe Kenntrail can reform his behavior to be a well educated, fully employed, rehabilitated and positive member of society. Kenntrail will have to decide if he will indeed reform for the sake of his own life, but I believe he’s worthy of the chance. That’s what justice and community healing look like to me. Thank you.