Postmaster General upbraids federal judge over “simply unacceptable” 30-day sentence for man guilty of San Francisco mail carrier robbery
Postmaster General Louis Dejoy has scolded a federal judge for the “simply unacceptable” 30-day sentence given last month to the man who put a gun to the head of a San Francisco mail carrier during a robbery.
Leroy Wise waylaid the postal service employee as he sat in his truck in the city’s Ingleside district. He held a gun to his victim’s temple before pushing him to the floor and threatening to kill him if he moved. His accomplice climbed over the stricken man to steal priority mail parcels. The pair also stole the driver’s iPhone.
U.S. District Judge Charles Breyer imposed a 30-day sentence at San Francisco federal courthouse on February 14. The judge said that, because of the need to deter violence against mail carriers he was unwilling to impose a probation-only sentence and opted instead for a 30-day term.
“Somebody goes out and commits the type of act the Mr Wise committed to a postal service employee and I think, as a judge, I have to take that into consideration,” Breyer said.
The judge’s approach cut little ice with the head of the U.S. Postal Service. “It is simply unacceptable that a criminal was sentenced to a mere 30-days for threatening a letter carrier at gunpoint and stealing his personal possessions, as well as both the public’s mail and packages,” said Postmaster General Louis DeJoy in a statement Tuesday.
“This sends a concerning message of encouragement to our nation’s criminals and a message of disregard to our loyal public servants, who deserve better protection and reassurance that the law will take crimes against them seriously.
“American postal workers are entitled to feel protected as they go about their public service mission, and at a minimum should be able to take solace in knowing that the law protects them against crime as they perform their duties, and that any such crimes will be taken seriously by the courts.”
The mail truck was parked on Lee Avenue near the intersection of Holloway Avenue in the Ingleside neighborhood at around 5:00pm on August 9, 2022.
Wise and an unknown accomplice approached the truck. Wise pointed a gun at the driver’s head and pushed him to the floor of the vehicle, telling him that he would be shot if he moved.
Meanwhile, Wise’s accomplice clambered over the postal worker to rifle through ‘priority mail’ parcels in the rear of the truck. The pair took the mail and the driver’s iPhone and made their escape in a Silver Chevrolet Camaro.
Surveillance footage from nearby cameras allowed investigators to identify the getaway vehicle and track it to the home of its registered owner. In a subsequent search of the home, police found Wise concealed in a bedroom closet, clothing that he wore during the robbery, plus three firearms: a loaded Polymer 80 pistol, a loaded M-11 9mm pistol and a Smith & Wesson handgun.
The other robber was not found and to this day, prosecutors say, his identity is unknown.
Wise was freed five days after his arrest on an unsecured $25,000 bond by U.S. Magistrate Judge Sallie Kim. This was over the objections of prosecutors who described him as someone “with a history of violent tendencies and non-compliance with authority.”
Wise had previously been convicted for battery upon a peace officer. He has also been arrested for spousal battery and further instances of battery on an officer.
On February 14 2024, the victim, clad in his postal service work jacket, appeared in courtroom six of San Francisco federal courthouse and addressed the judge on the impact the crime had had on him and his family.
“I have been working at USPS for 31 years serving the public of San Francisco,” he said. “In this experience I thought my life was over – my family was in my thoughts when he held the gun against my forehead.”
“It has left me traumatized and now I experience constant fear of having to watch my surroundings.”
“I hope he improves his life and makes better decisions,” he said of the defendant.
“The victim was out doing his job – delivering the mail – a service that we all need and a job that does not make people wealthy,” said Assistant U.S. Attorney Wendy Garbers, asking the court to impose a 28-month sentence.
“This was obviously a very traumatic experience for the victim.”
“The court also needs to consider deterrence…there has been a profound increase in robberies targeting mail carriers recently. The Bay Area has been one of the hardest hit areas for letter carrier robberies… [that] are having a traumatic impact on the postal workforce.”
“This was a terrible crime and there is no ordinary circumstance that I would be asking the court to impose a non-custodial sentence,” said deputy public defender Elizabeth Falk. She pointed to the aberrant nature of the offense and the significant steps he client had taken to ensure he would live the rest of his life in a law abiding manner.
“I want to extend my sincere apologies again to this gentleman here,” said Wise. “The trauma of just the everyday going to work…that fear is a lot to live with and he’ll probably never fully get over it…I am not making any excuses…once again my sincere apologies.”
Judge Breyer – commenting that the sentencing memorandum prepared by Falk was “the most convincing memo I’ve seen in 25 years” – was ultimately persuaded to impose a light sentence to protect what even the prosecution conceded was the defendant’s good progress on pretrial release. Because of the need to deter violence against mail carriers he was unwilling to impose a probation-only sentence and opted instead for a 30-day term.
“Somebody goes out and commits the type of act that Mr Wise committed to a postal service employee and I think, as a judge, I have to take that into consideration,” Breyer said.
“I have to look at the nature of the offense and that it is a serious matter – first of all, that’s required by the law and, secondly, it’s a perfectly good example to say that, if a person commits an armed assault on a postal service employee, it’s important as a matter of general deterrence to have a serious consequence for it.”
Wise must surrender to begin serving his sentence by September 3 2024.
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