ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, July 18, 1994                   TAG: 9407180047
SECTION: VIRGINIA                    PAGE: C5   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Short


3 STRIKES, IN FOR LIFE

Authorities say Benjamin Arroyo didn't hurt anyone in gunpoint holdups of 10 fast-food restaurants, but he'll likely spend more time in Virginia prisons than the vast majority of murderers and rapists.

The reason is Arroyo, 24, falls under a Virginia law that says anyone who commits three or more separate robberies while armed with a deadly weapon is ineligible for parole.

Arroyo's only hope for eventual release would appear to be clemency by whomever is governor in a couple of decades.

Arroyo, a high-school dropout, thinks he deserves to spend at least 20 years in prison, but not the rest of his life.

"I didn't hurt nobody," he told the Richmond Times-Dispatch in an interview at the Henrico County Jail. "I was the nicest guy. I was polite. I didn't shoot nobody."

Someone sentenced to life in prison is eligible for parole after 15 years. Multiple life terms carry a 20-year parole-eligibility date. Capital murderers are eligible after 25 years.

Arroyo already has been sentenced to 214 years, and he still faces sentencing in Petersburg and two counties.

"It's not possible to create sympathy for someone who does armed robbery," defense attorney John C. Jones said. Not so, said Henrico Assistant Commonwealth's Attorney Michael V. Gerrard, who prosecuted Arroyo for two of the robberies.

"He should not get some volume discount when we are dealing with crimes of violence," he said. "Sentences shouldn't come cheaper by the dozen . . . These are the consequences when you use a gun in multiple crimes."



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