A 24-year-old Kansas man was released from prison as a free man on Friday morning, despite initially being sentenced to remain incarcerated until 2030.
Deshaun Durham described the moment as surreal as he left the Hutchinson Correctional Facility, stating, “It’s a crazy, crazy feeling… I definitely have to make the best of my opportunity and not get in trouble again.”
Durham had spent nearly eight years in prison after pleading guilty to a marijuana-related charge. He learned last month that Governor Laura Kelly had commuted his sentence, offering him an early chance at freedom. “It was hard not to tear up a little bit because it’s just something that’s so rare,” Durham shared.
The Crime and Sentence
Durham was arrested at age 20 in June 2020. Reflecting on his arrest, he explained, “I was a young kid in Manhattan, and I decided to sell marijuana to support my habit.” His mother, Brandi Wishard, also offered her perspective, saying, “Your twenties are where you find yourself and make mistakes.”
In March 2022, Durham pleaded guilty to distribution or possession with intent to distribute marijuana. A Riley County judge sentenced him to 92 months (about 7.6 years) in May 2022.
Wishard believed her son’s sentence would be shorter because it was a first offense and a non-violent crime. When Durham told her about his nearly eight-year sentence, she thought he was joking.
“He started crying, and he’s like, ‘Mom, how am I going to do eight years in prison?’… I promised him two-and-a-half years ago that I would do everything in my power to get him home,” she said.
Life in Prison and Reflection
Durham began his prison sentence as he turned 22 and described his experience as a significant learning curve. “It’s kind of hard to get adjusted to sleeping on a mat and dealing with someone overruling you 24/7,” he said. Despite these challenges, Durham expressed that his time behind bars changed him for the better and helped him learn valuable lessons.
He credited some fellow inmates with guiding him positively, saying, “They really shaped me into who I am today.” However, he acknowledged that prison life could lead others down a darker path.
Path to Freedom and Advocacy
Durham’s mother worked for over two years to free her son, learning about the Last Prisoner Project, an organization that supports people serving long sentences for non-violent cannabis crimes.
Donte West of the Last Prisoner Project connected with Durham and his mother and sought assistance through legal avenues. West, who has personal experience with similar convictions, noted how surprising it was that Durham’s case involved the same judge and county where West had been convicted.
Barry Grissom, a former U.S. Attorney for the District of Kansas, reviewed Durham’s case and supported the commutation. “He was in prison with people who were child molesters, who were doing much less time than he was doing,” Grissom said.
He also criticized the financial burden of high incarceration rates, saying the government could redirect resources to public safety rather than pursuing the prohibition of cannabis.
Durham’s Plans for the Future
Upon his release, Durham has a mix of personal goals and advocacy plans. His first priorities include enjoying non-prison food, reconnecting with family members, and meeting his niece, who was born while he was behind bars. Additionally, he plans to attend a Kansas City Chiefs game.
Durham also expressed his desire to help others in similar situations, stating, “I’m interested in trying to help other people that are in prison for crimes like mine.” His hope is to prevent others from serving long sentences for non-violent, victimless offenses.
An Ongoing Issue
West and Grissom emphasized that there are likely many others like Durham serving excessive sentences for similar crimes. “There’s many other Deshaun’s behind those walls,” West said. He added that their organization is actively seeking to address these cases and advocate for systemic change in the criminal justice system.
“Nothing can replace somebody’s freedom,” West concluded. “When you’re in prison, holidays pass you by, you lose your family, and you lose time. Tomorrow’s not promised.”
Durham’s case underscores the consequences of the war on drugs, the criminalization of non-violent crimes, and the importance of compassion, legal reform, and second chances.
