DETROIT – After 28 years in prison, former drug dealer and FBI informant Richard Wershe could be a free man.
Wershe, also known as White Boy Rick, was 17 years old when he was convicted of possessing more than 650 grams of cocaine and sentenced to life in prison without parole.
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Wayne County Circuit Judge Dana Hathaway said the 46-year-old deserves a new sentence because he was sentenced at the age of 18 under an old law.
"The law that has been in existence since 2003 allows for a person convicted of the defendant's crime to receive a sentence of life with the possibility of parole, a sentence of any number of years, or even a fine. Case law over the last decade demands that we treat juveniles constitutionally different than adults. That difference requires us to consider the defendant's age at the time that the crime was committed," Hathaway said. "The court is not ruling that a life sentence for this crime is unconstitutional, it is simply saying that he's entitled to be re-sentenced given the circumstances."
She scheduled the resentencing for Sept. 18 over the objections of Wayne County prosecutors, who said would appeal.
If Hathaway sentences Wershe to time already served, he could be released from custody that day.
"I want to first note that this case comes to this court on a unique set of facts and circumstances that are only applicable to this particular defendant. This decision is based on the wealth of case law governing juvenile offenders and the evolution of the drug crime penalties since the defendant was incarcerated," Hathaway said. "Based on my reading of the briefs, all parties agree the defendant's original sentence of life without the possibility of parole for a juvenile who committed a non-violent offense involving drugs was unconstitutional."
Wershe is being held in a state prison in Northern Michigan.
Wershe's son, Richard Williams, also attended the hearing. The27-year-old was born shortly after his father was imprisoned.
"For him to get out and see those people, my nieces, my nephews, and to be a grandfather. He can't be a father, I just wish he could be a grandfather to my nephew," Williams said.
Wershe's mother, Darlene McCormick, said she thought her son would be home decades ago, and hopes it will really happen this time.
"He's done his time. He's been very good. He needs to get out and spend time with his family," she said.