Justice For Jay

Mark Daniel Urban, Jr and Brandon Lee Brogan were originally sentenced to 10 years in jail by the State of South Carolina for the hideous crime of "leaving the scene of an accident with death or injury involved" that killed Jay Christopher Jarman.
Both of their sentences were suspended on the condition that they follow a set of very specific rules granted by the "privilege" of probation.
Originally, neither was in compliance with the provisions of their probation, however, as we all know, probation is a joke.
Luckily for most people, they don't know how broken our "justice system" really is. Probation is barely a slap on the wrist.
Urban and Brogan were offered the option of having their probation supervised (and we do use the term loosely) in South Carolina where they committed their crime or, if they'd rather, in their home state.
Also, most people aren't aware that the laws and rules for probation are different from state to state. It doesn't matter what rules South Carolina has if your probation is being supervised by West Virginia (their home state).
Most people are also under the misguided perception that if a criminal breaks a rule of their probation that their probation is revoked, they go to jail and serve their original sentence. That's not true either. Are you surprised?
The probation officers have a heavy load under the weight of all of the offenders who are on probation, so many violations aren't even noted. Violations have to be numerous and blatant. Even if there are numerous and blatant violations, there still has to be an arrest warrant and the prosecuting state (SC) has to decide if they're willing to spend the money to bring the criminal back to prosecute them for "probation violation". Even if the prosecuting state decides that they are willing to spend the money, the criminal can refuse to be extradited and get a court appointed attorney to argue his case. Even if the criminal does get extradited to the prosecuting state, he can get another court appointed attorney and a hearing to explain why he couldn't manage to comply with the guidelines of his probation.
The hearing is complete with the original prosecuting judge who discounts the fact that he previously set forth a 10 year suspended sentence and decides whether the probation violations merit any punishment.
In Mark Danial Urban's case, he violated every aspect of his probation for a period of six months before he was cited and a warrant issued for his arrest. There is no doubt that he would have fallen through the cracks and no one would ever have known or cared if not for the diligence of Jay's family to constantly follow up with both SC Department of Probation as well as West Virginia Department of Probation.
Most people would assume at this point that after blatantly violating every provision of his probation that the judge would revoke Urban's probation and that he would then be sentenced to jail for the original ten years, but that's not the case. The judge sentenced him to 5 years of confinement and 5 more years of probation.
We were shocked and extremely disappointed, but then to learn that, according to SC law, serving only 886 days in confinement is what's required for a 5 year sentence. Mark Daniel Urban was released from confinement on March 30 (a month earlier than even originally scheduled due to another ludicrous guideline with SC Prison System) and was given the opportunity again to request supervision by his home state of West Viriginia for his five years of probation. Here we go again.......

We hope that the citizens and criminal justice officials in West Virginia will do the right thing and alert officials to any and all violations that either of these two convicted felons, Brandon Lee Brogan and Mark Daniel Urban, Jr., commit.* To this date there has been no justice for the family of Jay Christopher Jarman

General Conditions of Supervision:

1. I shall report in person the South Carolina Department of Probation, Parole and Pardon Services' office within 48 hours of sentencing or release, and as instructed by the Department; and I shall make complete and truthful reports to the agent.


2. I shall not change my residence or employment without the consent of my agent. Further, I shall allow my agent to visit me in my home, at my place of employment, or elsewhere, at any time.


3. I shall not use controlled substances, except when properly prescribed by a licensed physician, nor consume alcoholic beverages to excess, nor enter establishments whose primary business is the sale and drinking of alcoholic beverages. Further, I shall submit to a urinalysis or blood test when instructed by agents of the Department, and I agree that any of these test results may be used as evidence in any hearing for the violation of the conditions of my supervision.


4. I shall not possess or purchase any firearm or other dangerous weapons, and I shall not associate with any person who has a criminal record, or any other person whom my agent has instructed me to avoid.


5. I shall work diligently at a lawful occupation. Further, I shall notify my agent if I become unemployed.


6. I shall not violate any Federal, State, or Local Law, and I shall contact my agent if I am ever arrested or questioned by a law enforcement official for any reason whatsoever.


7. I shall pay a supervision fee as determined by the Department.


8. I shall not leave the State without permission from my agent. Further, if I am ever arrested in another state for violating these conditions, I hereby irrevocably waive all extradition rights I may otherwise have been entitled to and agree to return to South Carolina when directed by my agent, the court, or by a warrant.


9. I shall obey all conditions of supervision set forth in this order including the payment of fines, restitution, or other payments, and the service of any period of incarceration.


10. I shall follow the advice and instructions of my agent and I agree to comply with any further conditions imposed by the Department or its agents.

• SPECIAL CONDITIONS OF SUPERVISION
  300 hours PUBLIC SERVICE EMPLOYMENT -- The offender is required to perform up to 500 hours of work, without pay, for a non-profit agency. (Or maintain full time employment)
  
  (Urban Only) URINALYSIS -- All offenders are required to submit to periodic drug testing. This offender was specifically ordered by the court to be tested.
  
  (Brogan Only) OTHER CONDITIONS; Obtain High School Diploma

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