Jack Brice

A31690700

On the night of April 4, 2006, a man had just gotten off work and was waiting for his bus home. Brice and another 17 year-old were also at the bus station when a young woman walked up and asked him if the number 33 bus had come by. Brice responded in a vulgar manner and the young lady took offense. The man told her she should let it go and not argue with them. Brice then looked at the man and told him “[racial slur], I will blank you, which is street terminology for I’ll shoot you.” The man asked him what he had said and Brice responded, “[racial slur], you heard me. I will shoot you.” Brice then lifted his shirt to reveal a small handgun. The man walked away, called police and provided a description of Brice and his companion.

Officers from the Violent Crime Squad (VCS), responded to a report from a uniformed officer that he had located individuals matching the description at the bus stop. As they approached, Brice started making nervous movements, reaching for his waistline. The VCS officers identify themselves and demand to see his hands. When Brice continued placing his hand at his waistband, the officer drew his weapon. Brice took off running and the officers gave chase.

As they ran down an alley and they began to close the distance, one of the officers drew his Tazer. Just as he was preparing to deploy his Tazer, Brice turned with a pistol in hand. The second officer dropped the Tazer and both officers dove for safety into a connecting alley. While the officers were seeking cover, Brice continued running. When he was captured a short time later, he did not have the pistol on him. The VCS officers located the pistol about 10 feet from where the officer had dropped his Tazer. Subsequent inspection of the pistol revealed it was fully loaded and operable. The round that was retrieved from the chamber showed a firing pin indentation on the primer, indicating that Brice had pulled the trigger, but for some reason the weapon had misfired.

Brice entered into a plea agreement with the state whereby he pleaded guilty to the four charges listed above in exchange for an agreed, non-maximum sentence of 20 years. The trial court’s sentencing entry stated that pursuant to the plea agreement, Brice agreed he would serve the entire 20 year term and that he would not be eligible for early release. Brice should be held to the bargain that he negotiated. The Hamilton County Prosecutors Office asks the Board to adhere to the terms of the mutually agreed sentence by denying early release to Jack Brice.