Three-strikes law keeps Long Beach man in prison for 22 years on nonviolent charge

Ceasar McDowell poses with a picture of his mug shot from when he was arrested in 2000 in the office of his non-profit organization Unite the People in Long Beach on July 6, 2021. On his wall are photos from prison and other accomplishments he has made since getting out. (Richard H. Grant | Signal Tribune)

Ceasar McDowell and Long Beach native Allan McIntosh shared a six-by-nine foot cell for ten years in the infamous San Quentin State Prison.

Now free, McDowell didn’t forget about his former cellmate. He’s using his Long Beach-based nonprofit to fight for McIntosh’s release.

“Allan McIntosh is a really really good dude, like honestly,” McDowell said. “Now I’ve been to prison, I can tell you a million guys that aren’t so good dudes. But honestly, McIntosh is really one of the good guys.”

As of Wednesday, June 30, McDowell’s nonprofit organization Unite the People has gathered 29,144 signatures on an online petition to get McIntosh resentenced by the Los Angeles County District Attorney’s Office.

McIntosh’s arrest and the three-strikes law

Allan McIntosh (Courtesy of Unite the People via Change.org)

On Oct. 2, 1998, McIntosh was biking home from the store after going to buy food for his family, when he was stopped by two Long Beach police officers for not using the crosswalk and not having a light on his bicycle.

The officers decided to search McIntosh, and found a gun on him.

McIntosh had previously been convicted of robbery and attempted robbery, but has said that the gun was only for self defense.

“The environment I lived in—gang infested. I had no intention to do anything with the gun—having it for protection,” McIntosh said in the documentary “Q-Ball.”

McIntosh was arrested on the charge of being a felon in possession of a firearm, an offense that normally carries a prison sentence of up to three years.

However, he was sentenced to 25 years to life in prison due to California’s three-strikes law, which requires a minimum 25-year sentence for anyone convicted of a “serious or violent” felony three different times. Courts can escalate the punishment to a life sentence. 

“A gun possession charge, even though it’s not violent, it’s still classified as serious,” McDowell told the Signal Tribune.

Many crimes considered “serious” are nonviolent, but carry the same sentencing enhancement as violent felonies under the three-strikes law. There are numerous cases of people serving 25 years to life under the three-strikes law for crimes that would otherwise only require sentences of a few years.

For instance: while the maximum punishment in California for someone convicted of selling drugs to a minor is nine years, if it is their third conviction of a serious felony they will be sentenced to 25 years to life in prison.

Due to his third felony being classified as serious, the California Court of Appeals ruled that McIntosh was ineligible for parole.

According to a study by the Justice Policy Institute, Black people are disproportionately impacted by the three-strikes law. Although only 6.5% of California’s population is Black, 44.7% of inmates serving out sentences for third strikes are Black.

According to the Sacramento Bee, in 2016 there were 6,900 felons imprisoned in California on their third strike.

At the time of his arrest, McIntosh’s girlfriend was pregnant with his youngest child, according to McDowell.

“It definitely hurts him to see that his kids had to grow up without him,” McDowell said.

McIntosh is also a grandfather now but has never had a chance to meet his grandchildren. He communicates with them via mail and calls facilitated by Unite the People.

“They call him grandpa, but he’s never actually physically seen them, held them,” McDowell said.

McIntosh’s rehabilitation

McIntosh’s story was featured in the documentary “Q-Ball,” which follows a winning season for San Quentin prison’s basketball team.

“How I cope now is moving forward, making myself a better man,” McIntosh said in the documentary.

As well as playing on the court, McIntosh can be seen in the documentary encouraging a younger player to fully commit to winning the next season.

He is still a member of the prison’s team, the San Quentin Warriors, and has played in winning games this season.

McDowell says McIntosh has worked as a mentor for others during his time in prison and is ready to bring this skill back to his community.

According to McDowell, multiple schools have already reached out to Unite the People about having McIntosh speak to students.

“We have a whole bunch of community outreach things set up for him,” McDowell said.

According to Daviena Dumont, McIntosh’s partner, he also plans to set up a sports and mentoring program for at-risk youth.

“So that kids know there’s other outlets […] so that they don’t go down or even get involved in the situation that put him there,” Dumont said.

McDowell forms Unite the People

Ceasar McDowell talks with some of his staff at his non-profit organization, Unite the People, located in Long Beach, on July 6, 2021. (Richard H. Grant | Signal Tribune)

Unite the People’s first office opened in downtown Long Beach within the last year, but McDowell started the organization inside San Quentin six years ago with help of his brother Mitch McDowell.

“I started this organization from my prison cell. I literally built our first website on one of those cell phones you’re not supposed to have—I know—but I did. I built our first WordPress website there. I filed our articles of incorporation from the prison,” McDowell said. 

McDowell was sentenced to three life sentences in prison for a non-violent offense.

After serving the majority of his sentence, his case was reviewed and a correctional case records manager found that McDowell had been illegally sentenced.

Once released, McDowell dedicated himself to continuing the work he began while incarcerated.

He knew firsthand how difficult it could be for people of low income to access affordable legal help.

“They get stuck going to a public defender’s office, where somebody has 300 cases and don’t have time to really try to help you. That’s where a lot of the problem comes in,” McDowell said.

Unite the People offers affordable legal help to incarcerated people as well as those going through criminal trials, with fees decided on a sliding scale based on a client’s income.

To make sure its team is able to empathize with its clients, Unite the People only hires staff members that have previously been incarcerated themselves or have had an incarcerated family member.

Unite the People can be contacted by calling (888) 245-9393 or emailing info@unitethepeople.org

“Unite the People is here working for the community,” McDowell said.

Fight to free McIntosh

Ceasar McDowell poses in the lobby of his non-profit organization, Unite the People, located in Long Beach, on July 6, 2021. (Richard H. Grant | Signal Tribune)

According to McDowell, Unite the People was advised by the district attorney’s office to gather public support for McIntosh before his case is revisited.

“They want us to put together the strongest campaign, the most support possible,” McDowell said.

One of Unite the People’s attorneys, Melinda Gomez, came up with the idea to start the Operation Black campaign around two months ago.

The Operation Black Instagram page, @operation_blacc, is currently run by Dumont.

Dumont is currently asking the public to send in letters in support of McIntosh’s release, to be read at his next parole hearing at the end of July.

She said she doesn’t feel it’s fair that McIntosh is facing 25 to life behind bars when there are cases of people who commit violent acts but are given more lenient sentences.

“There’s murderers getting out every day,” Dumont said. “There’s rapists getting out every day—people that are like real threats to society are getting out.”

Dumont also created a GoFundMe campaign for McIntosh, who wants to start his own flooring business if released.

“He has tons of experience doing flooring, which he learned by being incarcerated. He did all the flooring and stuff for the hospitals at the prison,” Dumont said.

Dumont told the Signal Tribune that McIntosh has a strong support system to return to if he is released.

“He has everything set up for him when he gets out. He has a home, goals, he has job offers,” Dumont said. “All he needs is just a chance to get out. He just wants to work and provide for his family. That’s all.”

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