Académique Documents
Professionnel Documents
Culture Documents
v.
CHRISTOPHER FINKLEY,
Defendant.
/
Before and since July 27, 2016, Christopher Finkley has worked hard in a
stressful job, has been a loving father and son, and has followed the law. On that day,
however, under great stress and the influence of alcohol, he did a terrible thing: he
touched a fellow passenger on the leg without her consent and his penis was exposed
during the flight. He has accepted responsibility for both offenses by pleading guilty
to indecent exposure and simple assault. He has paid a $500 fine for the indecent
exposure conviction. He now stands before this Court to be sentenced for simple
Mr. Finkley acknowledges his conduct was serious and deserves punishment,
1
2:16-mj-30520-EAS Doc # 9 Filed 03/23/17 Pg 2 of 9 Pg ID 26
conduct and regrets the pain it has caused the victim, the public, and his family. A
term of incarceration is far greater than necessary under these circumstances. Instead,
Mr. Finkley submits a $500 fine and probation is sufficient, but not greater than
necessary, to punish him for his conduct, deter him from future misconduct, and
grandfather. But his job as a long-distance truck driver takes him away from his family
and friends for weekseven monthsat a time. He spends so much time away from
his children and wife, he feels he missed [his] whole life on the road.
Mr. Finkley was born and raised in Myrtle Beach, South Carolina, to Michael
Finkley, Sr., and Vanzella Finkley. PSR 17. When he was seventeen, his parents
divorced. The divorce was expected, but Mr. Finkley did not expect his mother to
move so far from home to Maryland, where she lives to this day. Although he remains
in touch with his mother, he does not have many opportunities to see her. Christopher
Finkley and his brother Michael Finkley, Jr., remained in Myrtle Beach with their father.
Michael, Sr., and Christopher were very close; they spoke regularly and saw each other
2
2:16-mj-30520-EAS Doc # 9 Filed 03/23/17 Pg 3 of 9 Pg ID 27
Christopher Finkley has been married to Vanessa Finkley since they were twenty-
two years old. They met working at a Burger King when they were in their late teens
and early twenties. Ms. Finkley currently owns a hair salon. She and Mr. Finkley have
daughter. Christopher, Jr., and his girlfriend are expecting twins in a few months.
At the age of 21, Mr. Finkley got the job of his dreams driving trucks, first,
with Big M Transportation, and then with Auto Truck Transport USA, LLC. PSR 27
28. Long-haul trucking is a tough profession. (See Ex. A, Anne Ballay & Mona Shattell,
PTSD in the Drivers Seat, Atlantic (Mar. 22, 2016).) The job demands that Mr. Finkley
spend a month at a time on the road followed by only three days at home with family.
PSR 19. He picks up semi-trucks from the factories and delivers them to dealerships
all across the United States and Canada. Like most long-haul drivers, Mr. Finkley has
very little control over his schedulewhen he is on the road or where he will be.
Mr. Finkley often begins a round of driving from San Antonio, Texas, but the origin of
his route changes each month. His routes require long hours alone on the road with
few opportunities to talk to other people. Even when he has a day off from driving, he
This grueling schedule makes Mr. Finkley feel that he missed his sons whole
childhood and is missing his daughters formative years, too. He laments the time he
spends away from his daughter and wife. All this time away from home has taken its
3
2:16-mj-30520-EAS Doc # 9 Filed 03/23/17 Pg 4 of 9 Pg ID 28
toll on Mr. Finkley. And while he has looked for a job closer to home, there are few
jobs in Myrtle Beach that offer the same benefits and pay.
This summer, Mr. Finkley broke the law for the first time in his life. At that time,
the stresses of his job were taking a serious toll on his mental and physical health. In
addition, Mr. Finkleys father, Michael Sr., started to have health problems. Michael,
Sr., suffered numerous strokes over the years, and his health was in decline in the
summer and early fall of 2016. Mr. Finkley and his brother struggled with the question
the children of aging and ailing parents have to face: what is the best and most
compassionate way to care for a parent? That question occupied Mr. Finkleys mind
each time his father had a stroke and especially during the summer and fall of 2016.
Ultimately, Mr. Finkley and his brother decided that hospice was the best option. In
September 2016, Michael Finkley, Sr., died in hospice care. PSR 17. When his father
passed away, Mr. Finkley could not be there; he was on the road, as he always is. He
On July 27, 2016, Mr. Finkley left his family and ailing father in Myrtle Beach to
fly to San Antonio, where he would begin his next month-long route, and he had a
transfer in Detroit. On the short flight from South Carolina to Michigan, Mr. Finkley
drank at least two double shots of Bombay gin. During the flight, he acknowledges that
his penis was exposed and that he was touching it. He also admits that he sat next to a
4
2:16-mj-30520-EAS Doc # 9 Filed 03/23/17 Pg 5 of 9 Pg ID 29
woman and touched her leg without her consent. Both actions were wrong. He deeply
regrets his conduct and wants to do everything in his power to make amends and assure
this Court that he will not do this or anything like it ever again.
Congress has outlined considerations courts must take into account when they
fashion a sentence that is sufficient, but not greater than necessary, 18 U.S.C.
incapacitation, and rehabilitation, Tapia v. United States, 564 U.S. 319, 325 (2011).
punishment. And when deciding between which form of punishment to impose, this
Court must consider the seriousness of the offense, the need to deter criminal
conduct, the need to protect the public from future crimes, and Mr. Finkleys need for
Mr. Finkleys conduct on July 27 was aberrant. The two tickets and misdemeanor
convictions that resulted from this incident are his first criminal convictions ever. He
has never been involved in a situation like this before. Since July 2016, he has not had
This, Mr. Finkleys first and only experience with the criminal justice system, has
been trying. He has not slept well since July. He ruminates nightly and thinks about
5
2:16-mj-30520-EAS Doc # 9 Filed 03/23/17 Pg 6 of 9 Pg ID 30
his actions with shame. His conduct has negatively impacted his relationship with his
wife. And Mr. Finkley has had to come to Detroit twice at significant cost and loss of
time.
A $500 fine is substantial. His family and personal income are modest, and this
sum of money will force him to make significant adjustments in his monthly budget.
See PSR 31. Paying such a substantial sum serves two purposesretribution and
deterrenceboth specific and general. The fine is justifiably significant given the
seriousness of the offense. The difficulty he will have paying the fine will serve as a
programming. Since July 2016, Mr. Finkley has looked back on his conduct with shame
and reflected about what factors contributed to his behavior. He has taken steps to
address the rehabilitative component of sentencing on his own by evaluating his use of
alcohol. Although he knows alcohol did not cause him to touch the woman, he was
intoxicated and his inhibitions were lowered. On his own initiative, Mr. Finkley decided
to cut alcohol out of his life completely and has not had a drop for the past month and
a half. His past compliance with the law and his conduct since July 2016 demonstrate
of Mr. Finkleys job. Long-haul truckers, like Mr. Finkley, do not have control over
their scheduleswhere they will be or when they will be there. A sentence of probation
6
2:16-mj-30520-EAS Doc # 9 Filed 03/23/17 Pg 7 of 9 Pg ID 31
has the potential to cause problems with Mr. Finkleys job. And nobody is served if he
loses his livelihood. If this Court decides that a term of probation is necessary to ensure
Department that the reporting and travel conditions are lenient enough that he can
has been a law-abiding citizen his whole life. He did a terrible thing in July. But his life
up to and since July 2016 demonstrate that he is not a danger to society and does not
need to be incapacitated. Mr. Finkley will lose his job if he must miss work to serve a
term of imprisonmenta consequence that will impact not only him, but his family, as
well.
7
2:16-mj-30520-EAS Doc # 9 Filed 03/23/17 Pg 8 of 9 Pg ID 32
CONCLUSION
A sentence of a fine and probation takes into account Mr. Finkleys conduct and
background, while satisfying the purposes of punishment. Mr. Finkley requests this
Court impose a fine of $500 to be paid in four installments of $125 each month and a
term of probation.
s/Colleen P. Fitzharris
colleen_fitzharris@fd.org
Attorneys for Defendant
613 Abbott St., 5th Floor
Detroit, Michigan 48226
Telephone: (313) 967-5854
8
2:16-mj-30520-EAS Doc # 9 Filed 03/23/17 Pg 9 of 9 Pg ID 33
CERTIFICATE OF SERVICE
Counsel certifies that on the above date, the foregoing paper was filed
with the clerk of the Court using the ECF system, which will send notification
to opposing counsel.
9
2:16-mj-30520-EAS Doc # 9-1 Filed 03/23/17 Pg 1 of 5 Pg ID 34
EXHIBIT A
2:16-mj-30520-EAS Doc # 9-1 Filed 03/23/17 Pg 2 of 5 Pg ID 35
2:16-mj-30520-EAS Doc # 9-1 Filed 03/23/17 Pg 3 of 5 Pg ID 36
2:16-mj-30520-EAS Doc # 9-1 Filed 03/23/17 Pg 4 of 5 Pg ID 37
2:16-mj-30520-EAS Doc # 9-1 Filed 03/23/17 Pg 5 of 5 Pg ID 38