Lexi's Law
*URGENT CALL TO ACTION*
Honorable Commonwealth of Virginia Lawmakers
I would like to formally request consideration and file into legislation a new law called
**LEXIE’S LAW**
I am proposing to lawmakers this law in reference to the current Virginia Code Section
§ 53.1-40.01. Conditional release of geriatric prisoners. Please note that the bold red areas below
are the proposed changes within Lexie’s Law.
Any person serving a sentence imposed upon a conviction for a felony offense, other than
a Class 1 felony, (i) who has reached the age of sixty-five or older and who has served at least
five years of the sentence imposed, not to include pre-trial confinement or (ii), who has
reached the age of sixty or older and who has served at least ten years of the sentence imposed,
not to include pre-trial confinement (iii), and does not have any prior felony convictions
may petition the Parole Board for conditional release. The Parole Board shall promulgate
regulations to implement the provisions of this section.
1994, 2nd. Sp. Sess., cc, 1, 2; 2001, cc, 446, 487
Currently as the law is written, inmates that do not fall under the Felony 1 category are
available for the conditional geriatric release. This includes convicted criminals that have
committed a Felony 2 as a geriatric, repeat offenders, history of violent crimes, habitual
offenders, murderers, and rapists. This law also gives credit for time served prior to sentencing.
After a conviction is determined and sentencing is passed down, the inmate’s time should begin
as ordered by the court without crediting an unknown conviction.
Convicted criminals that fall under this category continue NOT to be held accountable to
the fullest extent of the law. This is not to imply every convicted offender, again- convicted
criminals within the geriatric stage that commit a Felony 2 crime as a geriatric, repeat offenders,
history of violent crimes, habitual offenders, murderers, and rapists. Currently, victims, families,
friends, and communities must fight, pleading with the Parole Board for continued justice of the
convicted criminal to stay incarcerated annually. We are advised that a request during this time
can be made for a three-year deferment on each Parole Hearing and if lucky enough, both will be
granted. Sadly, the determination takes 30-45 days, and the cycle starts all over again every one
to three years. How is this considered justice for the victims, families, and the communities?!
During their time incarcerated, such stated criminals are not only provided with the
basics, but they are also often provided with free medical, dental, and housing. The debate of
saving money by release; only serves to jeopardize the safety of the Commonwealth. Not to
mention, access to re-offend our most vulnerable over and over again, that is until they are re-
arrested, if we are lucky enough.
What part am I missing? Should they have the same options or would that be considered
‘discriminatory’? When do we draw the line? Geriatrics that commit Felony 2 crimes as
geriatrics, repeat offenders, history of violent crimes, habitual offenders, murderers, and rapists
would automatically disqualify under the proposed LEXIE’S LAW.
Thank you for your time and consideration,
Marie Jones
Our Story
My Sister’s name was/is Lexie Walters. At her very young age of 53, her life was taken
from her in the most brutal and horrific way imaginable. On September 17th, 2020, my family
had just gathered around for dinner when there was a knock on my door. When I opened it and
seen two detectives, my heart dropped, and I knew immediately something terrible happened to
my Sister. When they delivered the news, I fell to my knees and cried uncontrollably thinking
how, why, and who. So many thoughts, so many flashes before my eyes and how was I going to
inform our Mother.
While working at an establishment for over a year, a monster, (at the time) 67-year-old
James Richard King started to frequent and used his charm to obtain her attention. September 16,
2020, King invited her out for wings and cocktails, according to court records. During the long
4-year trial, evidence painted a clearer picture displaying a receipt and testimony from the
bartender that King had purchased my Sister 12 shots of fireball and 4 rum and cokes while he
only consumed 5 beers. After the bartender realized he was only giving her the shots and rum
and coke, she refused to provide them with additional drinks which he responded that she would
be dead anyway. Reviewing the camera footage in both the establishment and the hotel that King
drove Lexie to; it clearly displays her severe intoxicative state and the need for assistance to
walk.
Shortly after Lexie’s death, we learned that this was not King’s first criminal act of
violence. In fact, he was charged and convicted in Ohio for a similar horrendous sexual torturing
and brutally beating to death another woman named Janis Kloshen. He only served 20 years of
his life sentence, released after a new hearing deeming his mental capacities were compromised
by drugs and alcohol. King relocated to Virginia Beach shortly after and was charged on 6-felony
counts to include sexual crimes against another woman named Barbara Jones. She survived and
provided testimony at the trial. The prosecutors were not permitted to introduce his prior record,
and his conviction was subsequently reduced to assault. He served for one year total and was
released that day. Not long after, King preyed on my Sister, Lexie.
Another woman (name to remain confidential) came forward during the investigation and
contacted the detective. She advised that King sexually tortured her in a hotel room in Virginia
Beach. After escaping, she packed her car and moved as far away as possible. The woman has
stayed in contact and advised that she has recently contacted the VPB over the phone and
emailed a statement as well. With at least four women coming forward, one could only imagine
if there are more, several more that maybe still afraid or unalive.
With the amount of media coverage, the outcry of other victims, family members, friends
of victims, and concerned citizens that have commented and reached out to share their stories are
escalating in each of the four areas noted under the proposed ‘Lexie’s Law’. The need for change
is long overdue.
As the current law is written, Prosecutors are limited during trials. Therefore, a jury is
unable to know about any prior convictions a person on trial has had until sentencing without
permission from the court. Many times, it may appear to be a struggle to obtain the permission
from the court to introduce any prior convictions of said individual.
Entering into the geriatric stage the convicted criminal that commits a Felony 2 crime as
a geriatric, repeat offenders, history of violent crimes, habitual offenders, murderers, and rapists;
should automatically disqualify for the conditional release of geriatric. As with my Sister’s case
and many like hers, we must relive our trauma every year or every three years just to fight and
keep him behind bars. This does not make sense of a two-life sentence determination and only
after 7- months, he is eligible because of his age and jail time was included in his 5-years served.
Please vote for LEXIE’S LAW and close this loophole. Protect our most vulnerable and
stop the victims, families, friends, and communities from the continued trauma every 1-3 years
of reliving the nightmare.
Warm Regards,
Marie Jones