By Michael Hinkelman
The Philadelphia Daily News
Federal prosecutors said that they want a judge to sentence rogue ex-Philadelphia cop Malik Snell to at least 27 years behind bars.
That’s almost 10 years more than the U.S. Probation Office calculated in a presentence report on Snell.
U.S. District Judge R. Barclay Surrick will ultimately decide on Oct. 9, when Snell is sentenced.
Prosecutors acknowledged in their sentencing memo that the punishment they seek is “severe” but justified.
Snell, 37, was convicted in June of conspiracy, attempted robbery and a firearms offense in connection with a botched home-invasion robbery in Pottstown. He was also found guilty of robbing a drug kingpin, Ricardo McKendrick, Jr., of $40,000 during a sham police car stop in South Philadelphia.
Both incidents occurred in Dec. 2007 when Snell was assigned to the 18th Police District.
Assistant U.S. Attorney Leo Tsao said that Snell had committed the “ultimate betrayal of the public trust” by using his badge and gun to commit robberies.
Letters submitted to Surrick by Arnold Gordon, assistant District Attorney of Philadelphia; Risa Vetri Ferman, Montgomery County D.A., and John Adams, Berks County D.A., said that Snell’s actions undermined the rule of law.
“Every corrupt cop makes it harder to convict those who are truly guilty,” Gordon wrote.
Adams wrote that Snell “disgraced the badge” and should be “punished more” than a similarly situated defendant “because he was capable of so much better.”
Probation determined that Snell’s sentence should be 17.5 to 20.5 years but the feds want Surrick to give him 27 to 32 years.
Prosecutors cited four reasons for seeking an enhanced sentence:
* Snell endangered public safety when he fled the scene of the aborted Pottstown robbery in his Dodge Durango and led police on a high-speed chase that ended when he crashed into another vehicle in Berks County;
* Snell’s conduct involving the robbery of McKendrick caused “institutional damage” to the Philadelphia Police Department;
* Snell was acting “under the color of law” while wearing his police uniform and performing a purported traffic stop when he robbed McKendrick, and,
* Snell’s criminal history does not adequately reflect other robberies that the feds say he committed but wasn’t charged with.
Prosecutors also said that their suggested advisory guideline range takes into account that Snell allegedly lied four times while testifying in his own defense at trial.
Tsao said that evidence at trial showed that Snell thought he was “above the law” and that he “brazenly” committed his crimes “in the open” because he believed he would never be caught, let alone prosecuted and convicted.
Defense attorney John I. McMahon, Jr., could not be reached for comment yesterday. He has not yet filed a sentencing memo on behalf of Snell.
Two co-defendants in the Pottstown case, Snell’s brother-in-law, Tyree Aimes, and Stephen Gibson - both of whom cooperated with the government - were sentenced to five years and one year, respectively, on Aug. 25.
McKendrick, who also testified against Snell, is awaiting sentencing in an unrelated drug case.
Copyright 2009 Philadelphia Newspapers, LLC