Rondaiges Harper’s convictions vacated
It was a life-changing moment for Rondaiges Harper in court on Friday. Harper, who was convicted of kidnapping 91 year old Margaret Smith, will no longer spend 30 in prison. In what’s being called a “rare situation”, Harper could actually walk out of jail as early as Friday night.
47 ABC spoke with Harper’s attorney John Brady and he tells us, “These hearings are very rare, it’s very rare for the Delaware Supreme Court to send a case back with directions to vacate a sentence on the four counts.”
Delaware’s Supreme Court ruled to overturn his kidnapping and carjacking convictions, all stemming from an incident in March of 2013. Three people approached Margaret Smith for a ride and when Smith agreed, they took her keys and locked her in the trunk of her car. That’s when they traveled up to Seaford and picked up Harper.
Brady tells 47 ABC, “Mr. Harper at that point was the least culpable of the four and was the one who’s trial had received the greatest sentence because he was the only one that went to trial.”
Brady says the term carjacking is a big issue. Under Delaware law, car jacking is when someone knowingly and unlawfully takes possession or control of a motor vehicle from another person. Since Harper wasn’t actually a part of that, a Sussex County court has now officially vacated his convictions. But according to Brady, he’s not out of hot water just yet.
Brady tells 47 ABC, “The state indicated that they plan to file other charges specifically unlawful imprisonment a class G felony and conspiracy a class G felony both of them have up to 0-3 years in jail time.”
The state has 15 days to file those other charges, but Brady says they will likely file motions to dismiss those charges, claiming double jeopardy since Harper was already charged with unlawful imprisonment. For Harper though, Brady says he is ready to move on.
Brady tells 47 ABC, “He was excited about the prospects of being released I think he learned a very valuable lesson from the two and a half years he was locked up and hopefully he will not go back and do something as stupid as this was again.”
Harper is currently being held on $10,000 unsecured bond. Brady also tells 47 ABC that the judge made sure that while Harper was out of prison, he would have no contact with Ms Smith or the co-defendants. All 3 co-defendants are currently serving out their sentences.
