The Westchester County District Attorney’s Office has, for the first time, consented to the resentencing of a domestic violence survivor under New York State’s 2019 Domestic Violence Survivors Justice Act (DVSJA), which gives the court discretion to resentence defendants who suffered sexual, psychological or physical abuse that significantly contributed to their criminal conduct.
Westchester County District Attorney Miriam E. Rocah recommended a five-year resentence, the maximum under the DVSJA, for Jonitha Alston, who has been serving a 12-year sentence for her manslaughter conviction for the 2016 stabbing death of her boyfriend, Dennis Graham. Judge Robert Neary vacated the original sentence, of which Alston served nearly five years, and granted our recommendation of a five-year resentence, with five years of post-release supervision, in Westchester County Court on Oct. 7, 2022.
“I want to thank the court for its thoughtful consideration. After a careful review of the motion filed by Ms. Alston under the Domestic Violence Survivors Justice Act, and a recent examination by an expert psychologist, we concluded that Ms. Alston was subject to physical and psychological abuse at the time of her offense, and the history of this abuse, combined with the perceived threat to her daughter at the time of the offense, significantly contributed to her commission of the crime,” DA Rocah said. “The Domestic Violence Survivors Justice Act is an important evolution in the way the criminal justice system views survivors of abuse. The legislation is narrowly crafted and requires a strict set of eligibility requirements, which we took into consideration during our careful and thorough evaluation of this request.”
“This is a life-changing result for Ms. Alston and her family, friends and community. This case shows what can be accomplished when the DVSJA is coupled with a prosecutor’s office that views domestic violence survivors through a compassionate, holistic and trauma-informed lens,” said Ross Kramer, Director of the Incarcerated Gender Violence Survivors Initiative at Sanctuary for Families, one of New York’s largest service providers and advocates for survivors of gender-based violence that played a lead role in the passage of the DVSJA.
“Pace Women’s Justice Center is so pleased to see the Westchester County DA’s Office use the Domestic Violence Survivors Justice Act for the first time to reduce the sentence of an incarcerated survivor of domestic violence. It is fitting that this type of action was taken during Domestic Violence Awareness Month, giving voice to survivors. It speaks loudly of the office’s understanding of the complexity of domestic violence prosecutions within the criminal justice system,” said Cindy Kanusher, Executive Director for Pace Womens Justice Center, which provides free legal services to victims and survivors of domestic violence, sexual assault, and elder abuse.
According to Alston, on Dec. 29, 2016, Dennis Graham became physical with Alston’s then five-year-old daughter. When Alston tried to stop Graham, he rushed at her with a knife, resulting in both falling to the floor. A struggle ensued and Graham dropped the knife, which Alston picked up and used to stab Graham, inflicting two stab wounds and several superficial scratches. Graham died of the stab wounds.
In Feb. 2017, a Westchester County Grand Jury charged Alston with Murder in the Second Degree, a felony, and Criminal Possession of a Weapon in the Fourth Degree and Endangering the Welfare of a Child, both misdemeanors. In anticipation of a trial, two psychiatrists evaluated Alston and agreed that she acted under Extreme Emotional Disturbance at the time of the crime and credited her increasing fear and suspiciousness of Graham.
Alston has asserted that during the course of the three-year relationship, in which the couple lived together in New Rochelle, Graham was psychologically and physically abusive toward her and discouraged her from taking her prescribed anti-psychotic medication. Alston also has an extensive history of suffering physical and psychological abuse.
In a negotiated agreement, the defendant pled guilty in Oct. 2017 to Manslaughter in the First Degree, a felony, and was sentenced on Jan. 11, 2018, to 12 years in state prison.
In May 2019, the New York State Legislature passed the Domestic Violence Survivors Justice Act to expand existing provisions of alternative sentencing for domestic violence victims. Among other strict eligibility requirements, defendants must be serving a sentence of imprisonment of at least eight years for certain crimes committed before Aug. 12, 2019.
The case was before Judge Neary in Westchester County Court, and was handled by Assistant District Attorney Shea Scanlon Lomma of the Appeals and Special Litigation Division.
