A new law lets a terminally ill inmate out of prison to die at home.

The story of the last few years of Adnan Nijmeddin’s life – and they will be his last few years – is a story of tragedy. But its final days or weeks have a touch of grace, as Nijmeddin, a convicted murderer, was released early from prison on what’s known as “compassionate release” due to a terminal illness.

The tragic downfall began on Jan. 17, 2012, when Nijmeddin got into an argument over a lost CalFresh card. The dispute drew a crowd of some 15 or 20 people, some of whom joined by throwing bottles and other objects at Nijmeddin’s Ford Explorer on Soledad Street in Chinatown. As the fight escalated, Nijmeddin drove toward the crowd, hitting Billy Rajah, dragging him 30 feet and killing him. The horrific scene was captured on a camera at Dorothy’s Kitchen, and Nijmeddin was charged with murder.

In 2014 he was convicted, and in 2015 he was sentenced to a prison term of 15 years to life.

Then on Jan. 18, 2023, Nijmeddin was diagnosed with advanced pancreatic cancer. Doctors determined he would live less than a year, with or without treatment. His physical condition meant he would not be a threat to public safety. The California Department of Corrections recommended that a Monterey County Superior Court suspend his sentence so he could be released from Mule Creek State Prison.

Instead of dying in prison, Nijmeddin, now 65, will die at his brother’s home in Fresno.

None of this was automatic, despite a new state law, Assembly Bill 960, signed into law last year, that requires the Department of Corrections to make such sentencing recommendations when an inmate is terminally ill or medically incapacitated. Nijmeddin’s defense attorney, Don Landis, petitioned Monterey County Superior Court Judge Julie Culver to release Nijmeddin, arguing he met the criteria for compassionate release; she declined. On March 21, Nijmeddin appealed.

On April 5, the Sixth District Court of Appeal came back with a decision: Nijmeddin should be released. They overrode Culver’s reasoning and wrote, “The record lacks any substantial evidence that Nijmeddin, who is severely physically incapacitated and getting worse by the day, ‘is an unreasonable risk of danger to public safety.” (Specifically, Culver worried about “his ability to pick up a phone.”)

The timing of the decision – 15 days after the appeal was filed – may not sound significant, but in the slow-moving world of court, it is potentially the difference between life and death.

In authoring AB 960, Assemblymember Phil Ting, D-San Francisco, determined that California’s previous compassionate release guidelines were ineffective. “The eligibility criteria for the compassionate release program remain too narrow and the process too cumbersome for a population that poses the lowest risk to public safety. As a result, very few people are granted relief and, consequently, many die while awaiting a referral to the court,” according to Ting’s analysis. From January 2015-April 2021, 306 people were referred for compassionate release, but only 53 were released; 95 died before the process could be completed.

Part of the argument for compassionate release is morality, and doing what is humane; part of it is about public safety, and releasing people who no longer pose a threat; and part of it is about cold, hard dollars and cents. It is expensive for CDCR to treat end-of-life patients.

It’s not yet known how common compassionate release cases will be – this is the first under AB 960 in Monterey County. CDCR must provide annual reports starting in 2024. The appellate decision in Nijmeddin’s case is published, meaning it will stand as a reference in other, similar cases across the state.

“I am anticipating we will receive more of these,” says Assistant District Attorney Marisol Mendez.

The DA’s Office opposed Nijmeddin’s release, partly on the basis of simple fairness: “Families have to continue to live knowing that the person who has created the darkest hole in their life is now out of prison,” she says.

There are dark holes all around. Rajah’s family lost him to homicide; Nijmeddin’s family lost him to prison and now to cancer. A little bit more compassion may be just what the justice system needs.

SARA RUBIN is the Weekly’s editor. Reach her at sara@mcweekly.com