Darious Simmons killed: Fontana family furious as man sentenced in teen's murder is set for early release thanks to new state law
A man sentenced to 50 years to life in state prison for the murder of a Fontana teenager in 2009 will likely soon be released after serving just 15 years behind bars.
The victim's family tells Eyewitness News they're furious.
"We felt like justice had been served, and now we feel like justice has been pulled from under us," said the victim's sister, Crystal Davis. "It's like, OK, you're getting justice, and now we're going to take the justice away from you."
Davis said her brother, 17-year-old Darious Simmons, was murdered in cold blood on Jan. 12, 2009, in the front doorway of his Fontana home in the 9800 block of Chantry Avenue.
"Somebody from their [ the suspect's ] gang got killed, and they needed to retaliate. And so they chose my brother," Davis said.
Davis said her brother was not in a gang and, in fact, hardly even knew the suspect.
"Someone knocked on the door, asked for Darius. Our cousin, at the time, I believe she was 12, maybe even 10, she said, 'Let me go get him.' She went to get him. He stepped out, and they just shot him twice in the back," Davis said.
Police arrested Cordell Rabon, who was only 17 years old at the time. But prosecutors charged him as an adult.
A jury convicted Rabon on one count of first-degree murder, with the special circumstance of Rabon using a firearm in the course of the killing.
A judge sentenced Rabon to two consecutive sentences of 25 years to life in prison -- 50 years total.
But, a recent change in California state law now allows offenders an earlier chance at release. California Penal Code 1170 (d) allows offenders who were under 18 at the time of their crimes and were sentenced to life without the possibility of parole the opportunity to petition the court for release after serving 15 years behind bars.
"The consideration is going towards the person who committed the crime, not the family of the victim," said Davis. "So you have to make the family relive this all over again, and that's it. He gets to go home and be with his family for the holidays, meanwhile, we have to just sit here and deal with it."
Jason Anderson, San Bernardino County's District Attorney, said the family of the victim has a right to be furious.
Anderson said a court of appeals judge recently ruled that Rabon's sentence of 50 years in state prison basically amounted to a sentence of life without the possibility of parole, opening the doors to his petition under Penal Code 1170 (d).
"Essentially, what this individual is going to do is about 17 years for a first-degree murder conviction. That, on the other side, is just as wrong as saying somebody who is going to commit a crime when they're 16 is never going to get a shot at parole. That's not right either," Anderson said. "The problem is we have to find a spot in the middle, but this isn't the case to find it."
Davis, along with her brother, Robert, say they're speaking out not only to alert other family members to what is happening, but also in hopes that the state legislature will change state law.
"If you or your family has a family member who was murdered by someone who was a teenager at the time, they're more than likely going to get out," said Davis, who is planning to attend the final hearing for Rabon at juvenile hall on Dec. 18.
Davis said Rabon's lawyers have argued that he suffers from schizophrenia.
"They said he did have mental health issues, but what about the mental health issues they caused the people in our family? I have a cousin who opened the door that night; she's 28 years old now, and she blames herself for it. She was just a kid that someone came to the door for. And what about Simmons' girlfriend, who dragged him into the house and sat there as he died in front of her?" Davis said. "There are so many other people who should be considered. But it's just, 'Hey, he was young and committed a crime and should get out now.'"
