Freed man reflects on crimes of the system

Monday, Nov. 23, 1998 | 10:58 a.m.

NORTH LAS VEGAS -- Having spent half his life in prison for a crime he said he didn't commit, Reggie Hayes could be excused had he used expletives to describe the criminal justice system.

But Hayes isn't that kind of guy and never was. Soft-spoken to the point that his voice is at times barely audible, he harbors bitterness about defense lawyers, prosecutors and judges, but his comments are thoughtful and restrained.

"I understand the system now to be solely based on money, influence and definitely race," Hayes said. "In the 13 years I was incarcerated, I saw numerous individuals who were incarcerated for crimes for which they were innocent. I know there are injustices in the system based on how these people tell their stories."

In an interview Sunday, two days after his release from prison, the 28-year-old Hayes told his own story about his arrest at age 14 and eventual conviction for an August 1985 murder in Las Vegas. Hayes and three other black teenagers, Phillip Minor, Eddie Ray Hampton and Donald Ray Lee, were given life sentences without parole for the shooting death of John H. Brown, a white 21-year-old Nellis Air Force Base airman who was kidnapped from his parked car.

Police said the murder capped a shooting spree that also injured four others. But Hayes, the only one to cooperate with police and lead them to Brown's body, insisted he was simply trying to catch a ride home and had never handled a weapon.

More than 13 years later, federal public defenders orchestrated an agreement with the Clark County District Attorney's office to have Hayes' conviction reduced to the kidnapping of Brown with eligibility for parole. The agreement didn't require Hayes to admit responsibility for the crime, only acknowledge that wrongdoing occurred.

But Clark County District Judge Kathy Hardcastle, stating at Thursday's resentencing hearing that she wasn't bound by the agreement, simply ordered Hayes released from the Southern Desert Correctional Center in Indian Springs.

"I went to court prepared to receive a five (years)-to-life sentence," Hayes said. "This was totally unexpected. I felt disbelief and shock. I had no idea she (Hardcastle) would be as courageous as she was. She deserves a lot of credit for being a rebel.

"She did something totally contrary to what the system represents -- and that's justice."

Because of paperwork requirements by the Nevada Department of Prisons, Hayes had to spend one more night in prison even after Hardcastle's order.

"Even though I was incarcerated, I felt free," Hayes said. "It was a dream. I still feel like I'm living a dream. I don't want anybody to pinch me too hard. I might wake up."

The night of the shootings, Hayes rode his bicycle to Phillip Minor's house. Though Minor was 18 at the time, four years Hayes' senior, they hit it off. They lived in the same neighborhood, met through mutual friends, and shared a love of sports. Hayes, on summer break at the time after finishing eighth grade, said he and Minor had planned to stay home that night watching television.

Hayes said he had no idea that Minor had spent time in the juvenile justice system for gang-related activities.

"I viewed him as a good guy," Hayes recalled. "Because I never had a big brother, he was like a big brother to me."

Hayes had never met Hampton or Lee, nor had he ever been in trouble with the law. But when he and Minor got into the car that Hayes thought was going to take him home, the ride changed all of their lives. It ended with police chasing their car, with only Hayes choosing not to run after the vehicle crashed. The other three were caught later that day.

"At 14 years of age, I couldn't conceive of what else to do in a situation like that, except to be as humble as I could," he said.

Could he have prevented the murder? "There's nothing that could have been done by me. The circumstance was overwhelming. It was a situation I didn't want to be in."

He cooperated with police because "I didn't have anything to run from. At 14 years old, all I knew was to respect authority figures. That's credited to my mother."

Letters from Metro Police Undersheriff Richard Winget and Metro detectives that noted Hayes' cooperation with police played a major role in Hardcastle's decision to release him. So, too, did motions from assistant federal public defender Danice Johnson of Las Vegas. She alleged that there were major deficiencies with Hayes' defense attorney, the late Robert Legakes, the presiding district judge, the late Paul Goldman, and with the all-white jury.

Hayes expressed his gratitude to Johnson. "I truly feel she was placed here for a reason in my reality, and I'm forever indebted to her. She is an indescribable friend, an angel heaven-sent."

As a teen sitting in an imposing courtroom for the first time, Hayes conceded he understood little about his trial. He certainly didn't believe he deserved incarceration.

"Mr. Legakes convinced me he was doing everything possible to give me the best representation, but now that I know more about Mr. Legakes, I know that wasn't the case," Hayes said.

Johnson accused Legakes, for instance, of failing to properly notify the court about alibi witnesses who could have helped Hayes. Hayes believes he could have been freed from prison much sooner had his mother, then a nurse for a convalescent home, been able to afford a better lawyer. But Hayes also believes prosecutors should share the blame.

"I'm interested in knowing, with there being overwhelming evidence against what I was accused of doing, how they could have a lack of responsibility about the justice they were supposed to uphold," he said. "The prosecution was aware that I had alibi witnesses.

"They knew I was the only one who stayed at the scene after the car chase. They found guns in the car but none had my fingerprints. There was a lot of evidence they could have sought to exonerate me."

Prison life for Hayes began at a youth facility in Tucson, Ariz. At 18, he was transferred to Nevada State Prison in Carson City, to Ely State Prison and then back to Carson City before he was sent to Indian Springs last May. The transfer to Indian Springs enabled visitation with his mother, Helen Jones, for the first time in six years.

"I always had hope of being released, because I refused to settle for being in prison the rest of my life," Hayes said. "My mother kept me encouraged. She continued to be nurturing and supportive. She always gave me the sense that one day, one day it would happen."

Hayes also fell in with a group of inmates about five years ago who convinced him to convert to the Nation of Islam. This branch of the Islamic faith, led by Minister Louis Farrakhan, has been viewed by critics as militant and anti-Semitic. But Hayes said his religion, which prohibits drinking or smoking, has suffered unwarranted criticism.

"I aligned myself with some positive people," Hayes said. "Even though they are a minority of all the people in prison, they affect change in the institution. The Nation of Islam provided me with a sense of dignity, a sense of strength. It opens you up to a wealth of knowledge."

It also helped that Hayes, a voracious reader as a child, continued his love affair with books in prison. He read "The Autobiography of Malcolm X," about the former Nation of Islam leader, as well as books about former Black Panthers Eldridge Cleaver and Huey Newton, former Chinese leader Mao Zedong, and former Indian leader Mohandas Gandhi.

Hayes, who will live at home with his mother and stepfather in North Las Vegas at least for a while, has been offered a construction job to help him get on his feet. But he doesn't believe life as a free man will be a major adjustment.

He is even preparing for the possibility that he may be asked to speak out about his prison experiences and his thoughts on the criminal justice system.

"I would like there to be a little more understanding of the background and circumstances of which (convicted) people were raised," Hayes said. "But in general, there's a lack of concern on the behalf of lawyers and judges to see justice done.

"I believe no one is irredeemable unless they choose to be. There should be a committee to investigate youths who commit crimes, to see after so many years in prison how their lives have changed. If they have changed in ways that somebody deems socially acceptable, they should be given another chance to redeem their lives."

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