By Tim Pratt
The Capital
ANNE ARUNDEL COUNTY, Md. — Dressed in a black shirt, dark pants and tie, Shane Pardoe stood in front of an Anne Arundel County judge one morning last month, as he had many times.
His attorney stood by his side, his family and other supporters in the rows behind him. On the other side of the aisle stood a prosecutor. The family of Robert “Bobby” Hightower sat behind her.
Hightower’s slaying in 2000 introduced the sides to each other. The 18-year-old telephone technician was killed after attending a party at Pardoe’s apartment in Glen Burnie.
Pardoe, 35, was convicted of first-degree murder and conspiracy to commit first-degree murder. He received a life sentence, with all but 55 years suspended.
Hightower’s family thought the ordeal was behind them.
Then, last year, Anne Arundel Circuit Court Judge Pamela North, who has since retired, suspended the remainder of Pardoe’s sentence. After nearly 14 1/2; years behind bars, he was released and put on probation.
Hightower’s father, David, 68, said he lost all faith in the court system.
These days, Pardoe says he has turned his life around. He has a job, wants to volunteer with youth and has stayed away from the drugs and violence that sent him to prison.
“I’m not a criminal anymore,” he said.
Hightower’s family, meanwhile, wants to change the law that allowed Pardoe to be released. They hope other families don’t have to deal with the same frustration -- knowing the man who killed their son is once again out on the streets.
“It reopens all the wounds,” said Hightower’s sister, Kelly Hightower Hibbert, “and doesn’t allow us to get any closure because now he’s free.”
The law
The law allows judges to modify the sentences of persons convicted of crimes. Those sentence reductions can occur if defendants file motions within 90 days of sentencing asking for the sentence to be revised.
Prior to 2004, many judges could modify sentences at any point. But in 2004, the General Assembly amended the rule to say judges have only a five-year window from the time of sentencing.
Sentences given prior to the change in the law, such as Pardoe’s, can still be considered for modification indefinitely.
During her hearing on Pardoe, North said she had kept about 10 cases in mind over the years to look at for possible modification.
At the time, North said Pardoe’s was the only sentence she had modified. The other requests, which she said included two murder cases, were rejected.
“I wouldn’t say I’ve never heard of it (happening),” said Byron Warnken, a law professor at University of Baltimore, “but I would say it’s fairly rare for a person convicted of first-degree murder to have his sentence changed to time served after 15 years.”
North said factors she considered included the inequity in sentences given to Pardoe and his two co-defendants, his culpability in the crime and his good behavior while in prison.
Co-defendant David Shepeta, of Glen Burnie, was sentenced to 30 years in prison with all but 15 years suspended for second-degree murder. Corinne Catramados, of Baltimore, pleaded guilty to being an accessory to murder after the fact and received a five-year suspended sentence.
“I believe in this particular case that Shane has proven through his actions that he should be given a second chance, a chance to change his life in some way and maybe make a difference, to try to make up for what he’s done,” North said.
Proposed changes
The Hightower family, Hibbert said, believes the law permits judges to circumvent the sentencing guidelines put in place by the legislature, “almost without limitation.”
The rule allows for the “arbitrary” modification of a convicted criminal’s sentence and shouldn’t exist at all for violent crimes -- especially for convictions for first-degree murder, Hibbert said.
“What is the purpose of the sentencing guidelines if a judge can completely obliterate a sentence within five years of imposing it (or any time if the sentence was imposed prior to 2004)?” she wrote in a follow-up email.
At the very least, the Hightower family believes the rule should be changed to impose additional limits and restrictions that take into consideration the nature of the crime, its severity, the damages and the original sentence, she said.
“As it stands, the rule does not require consideration of these factors and, as a result, is contradictory to the purpose of the sentencing guidelines,” she wrote.
The Hightowers hope legislators and victims’ rights advocates take notice of the situation and change the law before more violent offenders can be released.
“It’s a security issue for the state,” Hibbert said.
Anne Arundel State’s Attorney’s Office spokeswoman Heather Epkins said all prosecutors’ legislative goals are handled through the Maryland State’s Attorney’s Association, and to her knowledge the 2016 state agenda has not yet been presented.
Once that occurs, Epkins said, the office will be in a better position to comment on whether it will support a change in the law.
The State’s Attorney’s Office in 2004 supported a one-year time limit for sentence modifications.
Pardoe said he understands why Hightower’s family wants to change the law.
“I know I’m indebted to his family,” he said. “The best way for someone who’s made the mistakes I’ve made is to better my life.”
Hightower’s murder
Hightower was a typical teenager, his father said. Although he had been in trouble throughout the years, he appeared to be getting his life together.
“Things were looking up,” David Hightower said. “Then he went to that party.”
The party was in February 2000 at Pardoe’s apartment on Lori Drive. North called it a “drug and alcohol-crazed” party. At one point, according to court records, Hightower loaded a gun and pointed it at partygoers.
Evidence shows the attack occurred after Hightower fell asleep in the apartment. Hightower was struck in the head with a hammer, then strangled with a hanger.
Hightower’s body was taken from the apartment and dumped in a wooded area on Shot Town Road outside Annapolis. Pardoe and Shepeta led police to the body a week later.
A jury convicted Pardoe. Shepeta and Catramados, who testified during Pardoe’s trial, entered pleas in their cases.
Between Pardoe’s conviction and sentencing, he wrote letters and poems to North, saying he was a drug addict but not a murderer. Friends and family also wrote letters on his behalf.
After being sent off to prison, Pardoe was a model inmate, said his attorney, T. Joseph Touhey. He avoided drugs and gangs, mentored other inmates and took part in a program that trained dogs.
Guards and several others testified on Pardoe’s behalf during his sentence modification hearing in May of last year. He was released -- to the dismay of Hightower’s family -- and moved into a home on the Eastern Shore.
Memories of the events of 15 years ago remain with him.
“I realize the severity of what happened,” he said. “I think about that every day.”
‘Living on the edge’
Hightower’s family continues to follow Pardoe’s case. They still cope with the pain of Bobby’s death.
“It never goes away, but you learn to deal with it,” David Hightower said.
On May 11, Pardoe was in court for a probation violation hearing. He admitted to lying to probation agents about his employment status. He told them he was unemployed, but was actually working for a shipping company based in Hanover.
The probation office had told him not to take the job due to one of the conditions of his probation -- he can only come west of the Bay Bridge a couple of times a month. He was caught speeding west of the bridge when he was supposed to be on the Eastern Shore.
“I apologize for lying, your honor,” Pardoe said to Judge Michael Wachs. “I know what I’m facing.”
Pardoe could have gone back to prison after Wachs ruled he had violated his probation. Hibbert asked the judge to send him back.
“When does he have to face the consequences of his decisions?” she said. “He clearly didn’t have to do that last year when he was released after only 14 years for brutally murdering an 18-year-old boy.”
“At this point, I think he thinks he’s above the law, and I can’t blame him for that because he got off for first-degree murder and conspiracy to commit first-degree murder after only 14 years. I would think I was above the law, too.”
Instead, Wachs added 100 hours of community service to Pardoe’s probation. He also put him on GPS monitoring for 90 days.
“It’s not the violation of the century, I get that,” Wachs said. “But what I don’t get is why you would want to get into a contest with either your probation agent or the court about what you can and can’t do. You got the break of all time when Judge North decided to take a chance on you.”
Pardoe went back in front of Wachs again July 1. Wachs wanted to see how he was doing. A probation agent told the judge Pardoe’s GPS had clocked him doing 140 mph on his motorcycle days after the May 11 hearing.
Wachs again warned Pardoe to stay out of trouble. Not only was he endangering himself, Wachs said, but he was putting other lives at risk.
“If he keeps wanting to live on the edge, so to speak, he’s going to keep running into difficulties,” the judge said.
Copyright 2015 The Capital