Mass. parole board reviews release terms for Koonce after commuted sentence

The first man in 25 years to have his life sentence commuted in Massachusetts is one step closer to being set free.

Thomas Koonce told the Massachusetts parole board Thursday that he has a place to live and a job offer now. After serving decades in prison, his sentence for a first-degree murder conviction was commuted to second-degree murder last month. Thursday's hearing was the final step in the commutation process.

Koonce appeared at the parole board's Natick offices in a suit and tie, shackled at the wrists and ankles. Many of Koonce's supporters filled the room, including his son, Thomas Andrews; Conan Harris, who is married to Congresswoman Ayanna Pressley; and Governor's Council member Marilyn Devaney.

Koonce told the board that even though he was in prison for life he took advantage of several educational and therapeutic programs and hopes to work on restorative justice if he is released.

"My goal was to change the mentality of the young man who made some horrible choices that ended up costing a young man his life and the heartbreak of two families: his and mine," Koonce said, during his testimony.

Koonce, of Brockton, was held in prison for about 30 years for firing a shot during a melee that killed Mark Santos of New Bedford in 1987.

At the time, Koonce was on leave from the Marines Corps and was out with friends, and he said they encountered fighting between men from New Bedford and Brockton. Koonce said he feared for his life and intended to fire a warning shot from the car in which he was riding.

Initially, Koonce was released on bail; his first trial ended in a mistrial. He was convicted in 1992.

"I would like to sincerely apologize to the Santos family for having to endure this very painful process as a direct result of my actions," Koonce said. "I will continue to honor his life through the life-changing restorative justice work that I will continue to do — inside or outside of prison walls."

The Santos family did not attend Thursday's hearing, but family members have publicly expressed opposition to Koonce's release. Bristol County Assistant District Attorney Daniel Walsh told the board that prosecutors are not opposed to Koonce being granted parole.

Andrews, who was a month-old when his father was sentenced, thanked the parole board, Gov. Charlie Baker and the Governor's Council for the opportunity to have his father set free.

"I could have been another statistic," Andrews said. "Watching him never give up on himself and stopping this horrible accident from rippling into more horrible tragedies really has stuck with me, and will be something that sticks with me every day that I live."

Last year, the parole board, in its role as the Advisory Board of Pardons, unanimously recommended Koonce's commutation petition be approved and sent to Baker. After the governor approved it, the petition was sent to the Governor's Council. Last month, that panel unanimously approved commuting Koonce's sentence, making him eligible for parole.

The parole board must now decide if it will grant parole and the conditions for Koonce's release.

Koonce's attorney, Tim Foley, said the plan for Koonce's release includes a job at the Transformational Prison Project, a group of formerly incarcerated people who organize restorative justice programs. Koonce also plans to live in Marlboro with friends. Foley said a lot of people whom Koonce has helped through the years are now eager to assist him with the transition to life outside of prison.

"Mr. Koonce's students are going to become the teachers," Foley said. "They are going to teach him how to transition into the community. He has so much support out there. It's almost like a restorative justice circle."