SEAN BOSTON
Hutch Post
HUTCHINSON, Kan. — Deshaun Durham walked out of the Hutchinson Correctional Facility on Friday morning with a big smile on his face. The 24-year-old from Manhattan was granted clemency by Gov. Laura Kelly after serving over 2.5 years behind bars.
"It's a surreal moment," Durham said. "It kind of feels like an out-of-body experience, feels like a dream, sometimes I've got to pinch myself to make sure its real."
Durham was sentenced in June of 2021 to 92 months in prison for possession with intent to distribute 2.4 pounds of cannabis. The courts will typically give probation for people with no criminal history, which is why it was rare that Durham was sentenced to nearly eight years in prison.
"He should not have been sent to prison for 2.4 pounds of marijuana for nine years," Barry Grissom, Durham's attorney, said. "When you think about it, it's a waste of taxpayer dollars. The amount of money that we spend in investigation, interdiction, arrest, prosecution and incarceration is money that could be better spent by law enforcement keeping us safe in our homes, as opposed to running a prohibition."
Durham expressed extreme gratitude to Donte West with the Last Prisoner Project, as well as Grissom, as both played integral parts in helping get his sentence reduced.
"It's good to have faith in people out there, working on you and making sure the right things happen," Durham said. "It's just nice knowing you can sleep better at night, knowing you've got people in place that are really devoted and motivated to getting you home."
Although Durham is grateful to be granted clemency, he was surprised that it happened.
"I was surprised, because it's something a lot of people do in the prison system and very few get it," Durham said. "When I got the news I got it, it was hard not to tear up a little bit, because it's just something that's so rare."
Durham was 20 at the time of the crime and says he has learned a lot from being incarcerated.
"I learned my lesson and now we're here, just ready to look forward and open a new chapter in my life," Durham said. "It's kind of taught me that prison isn't a place that I belong and it's not a place that anyone who gets caught with marijuana, something that is legal in a majority of the United States, deserves to be at. There is definitely some real tough characters in prison, and this place can change you for the worse."
Durham's mother, Brandi Davis, was also there to witness her son walking off the property after being released.
"When he called me from sentencing two and a half years ago and told me he got eight years, I was floored," Davis said. "I never imagined that he would get eight years, I thought he was joking. He asked me how he was 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. Luckily, I had people like Last Prisoner Project and Donte and Barry that absolutely supported him in every way and fought like hell to get him home. There really are no words. Deshaun hasn't been home for two and a half years. When I was decorating the house for Christmas, I thought about how Deshaun was going to be in all of our celebrations and he's going to be in the pictures this year."
The final night in the cell of the prison for Durham was one he was looking forward to.
"It was definitely hard to sleep, but it was kind of easy knowing it was going to be my last night sleeping in a prison bunk," Durham said. "I actually woke up about 3:30 in the morning and started getting ready and everything, making sure it wasn't a dream still, because it all feels so surreal."
Durham walked out of the prison with a Kansas City Chiefs sweatshirt on, hoping to get to the Sunday Night Football game against the Chargers in two days.
"That was definitely one of my first ideas, I'm trying to go to the game," Durham said with a smile on his face. "I watch every game, I don't tend to miss a game often, so I'm hoping to make it to the game on Sunday."
Gov. Kelly overturned the Prison Review Board's rejection of Durham's clemency application on Nov. 6.
"We were very very fortunate that we have an amazing governor for our state," Grissom said. "Governor Kelly exercised an immense amount of courage and wisdom to reduce this young man's sentence in light of what he said, is going on around the country, when you compare that to what's happening in Missouri, Colorado, Oklahoma, he should not have been sent to prison for 2.4 pounds of marijuana for nine years."
Durham is looking forward to turning his life around outside of the prison walls.
"I'm definitely interested in trying to help other people that are in prison for crimes like mine," Durham. "So no one else ends up like I did, without the support from everybody else around me, I would have had to have done my full eight-year sentence."
Durham hopes to attend welding school and start a family in the near future.
The Last Prisoner Project is a 501(c)(3) non profit that was founded in 2019 and works towards helping incarcerated cannabis offenders.