Biden Commuted Their Death Sentences, but They're Refusing It—Why?

If you were drowning and someone tossed you a lifeline, you would grab it, wouldn’t you? 

While circumstances can influence outcomes, there are instances where individuals may choose to go against the expected norm. This is exemplified by the recent development involving two federal death row inmates whose death sentences were commuted to life imprisonment by President Biden, yet they have opted to reject this reprieve.

Shannon Agofsky, aged 53, and Len Davis, aged 60, currently housed at the U.S. Penitentiary in Terre Haute, Indiana, have decided not to sign the necessary documentation to acknowledge the President’s clemency offer. Court records indicate that their decision stems from the legal rights they maintain while on death row.

On December 30, the duo lodged urgent pleas in federal court seeking an injunction to prevent the modification of their death penalties. Their argument revolves around the premise that agreeing to the commutation would diminish the meticulous review process typically associated with death penalty appeals.

Heightened scrutiny is a legal process in which the courts examine cases like death penalty appeals closer for errors because these cases are a matter of life or death.

In other words, both inmates are still fighting their convictions in the appellate courts, and the removing of the increased scrutiny with which those courts would examine their appeals.

“To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny,” Agofsky’s filing reads. “This constitutes an undue burden, and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures.”

Davis, a former New Orleans police officer, “has always maintained that having a death sentence would draw attention to the overwhelming misconduct” against the Justice Department, he wrote in his filing.

Shannon Agofsky was convicted of the 1989 murder of an Oklahoma bank president, Dan Short. Agofsky and his brother, Joseph Agofsky, kidnapped and murdered Short, then stole $71,000 from the bank Short ran. Shannon Agofsky’s brother was convicted of robbery and died in prison in 2013. Shannon remains on Death Row.

Len Davis was convicted of the murder of Kim Groves in 1994. Davis was a police officer, and Groves filed a complaint against him for the beating of a teenager.

Both men have applied to a judge to appoint a co-counsel to fight the commutations.

Three inmates were not included in the Biden commutation, as my colleague streiff noted in December:

The three men left on death row are Robert Bowers ( in 2018), Dylann Roof (Charleston, South Carolina, church shooting in 2015), and Dzhokhar Tsarnaev (2013 Boston Marathon bombing).

Four inmates in the military prison system awaiting the death penalty were likewise not included in the clemency.



Joe Biden claims to be personally opposed to the death penalty, but if his objection and these commutations were truly a matter of principle, they would have been done at the outset, not at the end of his presidency, and he would not have exempted anyone.

Donald Trump has vowed to restore the federal death penalty. The Constitution, in fact, specifically allows for the death penalty; the Fifth Amendment states (bolded part added):

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The bolded portion implies that, with due process of law, a person may be “deprived of life, liberty or property.”

You May Also Like
‘The Sopranos’ Creator Was Unsure James Gandolfini Would Be “Threatening Enough” For Tony Soprano Role

The creator of ‘The Sopranos’ doubted if James Gandolfini could portray a sufficiently intimidating Tony Soprano.

David Chase, the creator of The Sopranos, shared insights into the casting…
Shedeur Sanders prank callers unmasked after NFL hopeful was trolled during draft humiliation

Prank callers targeting Shedeur Sanders revealed after NFL prospect was harassed during draft embarrassment

The prank callers who cruelly duped NFL prospect Shedeur Sanders into thinking…
Humiliating NFL Draft moment as Shedeur Sanders' dreams are crushed by brutal prank call

Shedeur Sanders faces an embarrassing prank call that crushes his NFL Draft dreams

Shedeur Sanders’ NFL Draft nightmare took a cruel twist Friday when his…
Selma Blair shares unbelievable health update amid years-long MS battle

Selma Blair provides incredible update on her health after battling MS for years

Selma Blair shared a positive update on her battle with Multiple Sclerosis,…
Virginia Giuffre, who accused Britain's Prince Andrew in Jeffrey Epstein sex trafficking scandal, has died

Virginia Giuffre, who accused Prince Andrew in Jeffrey Epstein sex scandal, has passed away

Virginia Giuffre, who previously accused Prince Andrew of sexually exploiting her as…
Trump's lone GOP-critic in Congress considers shock career move amid Pentagon power struggle

The only Republican congressman who criticizes Trump is thinking about making a surprising career change during a power struggle at the Pentagon.

One of the few remaining critics of Donald Trump on the Republican…
Shocking photos show CIA deputy director's son fighting for Russia in Ukraine war before his battlefield death

Startling images reveal son of CIA deputy director fighting for Russia in Ukraine conflict before his tragic death on the battlefield

Pictures show the CIA deputy director’s son who – unbeknownst to his…
Pope Francis' funeral schedule, what to expect from the Novendiali, a 9-day period of prayer, mourning

People attending Pope Francis’ funeral?

The upcoming funeral for Pope Francis, who passed away at 88 on…
‘Sex Education’ Star Emma Mackey Cast As White Witch In Greta Gerwig’s ‘Narnia’ At Netflix

Emma Mackey from ‘Sex Education’ to Play White Witch in Greta Gerwig’s Netflix Adaptation of ‘Narnia’

Emma Mackey from the popular show Sex Education will portray the iconic…
RHOBH star Dorit Kemsley files for divorce from estranged husband PK after his clinch with Ryan Seacrest's ex

Dorit Kemsley, a cast member of The Real Housewives of Beverly Hills, starts divorce proceedings from her separated spouse PK following his interaction with the former partner of Ryan Seacrest.

The Real Housewives Of Beverly Hills star Dorit Kemsley has finally filed…
Shedeur Sanders' NFL Draft nightmare ends as QB is FINALLY picked by Cleveland Browns after dramatic slide

Shedeur Sanders Breaks NFL Draft Slide with Selection by Cleveland Browns

Shedeur Sanders, the Colorado quarterback, has recently experienced a significant setback during…
Jeopardy Liam Starnes: University of Chicago student and Barrington High School alum blows away game show competition

Liam Starnes from University of Chicago and Barrington High School impresses everyone on Jeopardy with his skills

CHICAGO (WLS) — Liam Starnes of Barrington has been enjoying a winning…