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Board awards $25K for wrongful conviction in 1992 homicideSubmitted: 02/14/2020
Board awards $25K for wrongful conviction in 1992 homicide
Story By Associated Press

Photos By claims board wi logo courtesy claimsboard.wi.gov

MADISON - The Wisconsin Claims Board on Friday awarded $25,000 to a U.S. Navy veteran who spent 26 years behind bars for a homicide he didn't commit.

Derrick Sanders, now 48, argued he was wrongfully convicted in the fatal shooting of Jason Bowie in Milwaukee in 1992. Prosecutors dropped the charges against him in 2018 after a circuit judge threw out his conviction.

"The Board concludes and finds that the evidence is clear and convincing that Sanders was innocent of the charge discussed herein," the decision said.

Sanders had asked the board for $5.7 million but state law limits compensation for wrongful convictions to $25,000. Sanders' current attorney, Rex Anderegg, didn't immediately return a message seeking comment.


According to board documents, Sanders, Anthony Boddie and John Peavy attacked Bowie in November 1992, beating him at two different houses. Boddie and Peavy later took Bowie to an abandoned house where Boddie shot him in the head. Anderegg said Boddie was angry because Bowie had burglarized his girlfriend's house.

Boddie pleaded guilty to first-degree intentional homicide, Peavy pleaded guilty to being a party to the homicide, and Sanders pleaded no contest to the same charge. He was convicted in 1993 and sentenced to life in prison.

Sanders insisted he wasn't involved in the shooting or even knew it had happened. He maintained his attorney was ineffective because he didn't explain the meaning of being a party to a crime and his no-contest plea wasn't intelligently entered because he didn't understand the punishment he would face.

A state appeals court in 1995 tossed out his plea and kicked his case back to circuit court. The following year, he re-entered his no-contest plea on the advice of his new attorney, even though Sanders told him that after he didn't even witness the shooting. Sanders said he believed that his participation in the beating left him strictly liable for the homicide.

Sanders continued to pursue an appeal from prison, arguing that his new attorney never explained to him how his behavior would establish he was guilty of being a party to the homicide. He testified that if he had understood the concept he wouldn't have pleaded no contest.

Milwaukee County Circuit Judge Jeffrey Wagner tossed the plea in August 2018, ruling that prosecutors hadn't demonstrated Sanders understood the ramifications of his plea. Prosecutors dropped the charges a month later, saying they had asked police to re-interview Boddie who told them he alone shot Bowie in the basement of the abandoned house.

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With thousands of poll workers quitting, Gov. Tony Evers for the first time Friday called for an all-mail election, ordering a special session Saturday and asking the Republican-dominated Legislature to agree.

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