I spend my time as constructively as possible while incarcerated. Recently, our pod participated in “Warrior Games” a DOC managed program that is designed to promote teamwork, comeraderie and some friendly competition. I chose to complete the “Murph” workout- a natural outgrowth of my SEAL training. While I predated Michael Murphy as a SEAL, his workout has become lore as a mainstream workout and within the SEAL community. Of course I didn’t have the additional weight of a 20lb vest which is the strict version of the workout, but I was able to complete the crucible in just under 33 minutes.

The General Assembly of Virginia passed legislation in 2020 allowing incarcerated people who were convicted of crimes from 1995 to 2000 to become parole eligible. This is because during those five years juries were specifically not allowed to be told that parole had been eliminated in 1995. There are, perhaps, 280 such people who fit this category and I happen to be one of them. This is know as the Fishback window described elsewhere in this website. In August of 2020, I was reviewed for parole by an examiner and in September some of my advocates had a meeting with one of the Parole Board members. Both seemed to go well enough and in my interview I was open and honest about everything that was asked. By late October, however, I was denied parole. 

Earlier in 2020, my father passed away. I feel fortunate to have had a phone conversation with him a couple weeks before his passing. When I was denied parole, I knew that meant that I would never see my 95 year old grandmother again either. She spent her waning weeks right where she wanted to be: in her own home surrounded by loved ones. I was able to speak with her too before she passed. My stepfather, my father, and my grandmother all passed away without getting to hug me again as a free man. 

I know that times were tough for many people during the pandemic. Indeed, 2020 will be marked as one of the worst in my life as well. In July of that year, the virus swept through here and I couldn’t escape it. Fortunately, after suffering from the typical symptoms, including spending a week or so without taste or smell, I recovered well enough. A few guys in my living area had a tough time, but all recovered.

Since my previous update, the piloting of my victim oriented offender rehabilitation program, Mending Fences, went well and a lot of useful information was gleaned. The Director along with another member of the Virginia Center for Restorative Justice attended and participated in the final session. They were impressed with the work we had done and asked if they could incorporate elements of Mending Fences into their own program. Most of the participants have since returned home and reentered their communities and I am happy to report that all of them are doing well; none have returned to prison. My partner in the creation of Mending Fences was granted clemency in 2020 by Governor Ralph Northam and is also doing well.

I had the good fortune to participate in the horticulture and the advanced horticulture class at Greensville Correctional Center.  There, I spent 7 years learning how to manage the end-to-end planting and harvesting process in the facility’s greenhouse, as well as the requisite care of the various systems- electrical, irrigation, ventilation and water reclamation. It was truly one of the most rewarding jobs I have had since being incarcerated.

In March 2024, drawing from my knowledge and experience in horticulture, I was invited to develop a therapeutic horticulture curriculum for incarcerated people by Veterans Healing Veterans from the Inside Out, a rapidly expanding trauma recovery and suicide prevention program for veterans across the United States. I dedicated countless hours to crafting an eight-part curriculum, providing a structured teaching and learning framework. This curriculum was later approved by the warden at Soledad Correctional and formally adopted by the California Department of Corrections and Rehabilitation, making it the first incarcerated veteran-focused therapeutic horticulture program in the nation. Through these efforts, incarcerated veterans now have a powerful tool for healing, rehabilitation, and personal growth.

In July 2024, I was transferred to Pocahontas State Correctional Center. Within days of my arrival, I was offered a cell in the Good Living Unit, a pod that houses incarcerated people who have been recognized for their good behavior. This living area has perks and privileges, like extra recreational time and Friday night movies. 

I also joined Veterans Support Group shortly after my arrival to Pocahontas and was asked to be President of that organization..

For a brief but meaningful time, I had the opportunity to work as a dog trainer in the Second Chance at Re-Entry (SCAR) program here at Pocahontas. The program partnered with a local shelter to identify dogs in need of obedience training, giving them a better chance at adoption. Working with dogs again was incredibly rewarding, not only for me but for everyone around me. It lifted the spirits of the men in my pod in ways that few other programs could. Sadly, the program has come to an end, it will no longer be continued at this facility.  Its impact on me and others will not be forgotten.

A few months ago, I captained and participated in the Warrior Games, a multi-sport event dedicated to raising funds for Warriors Heart of Virginia, a treatment facility that helps veterans and first responders recover from addiction and substance abuse. I competed in several events that are standard in the CrossFit workout known as the “Murph” challenge. While I served in the SEAL Teams before Lieutenant Michael Murphy, his legendary workout has become both a staple in the SEAL community and a widely recognized test of endurance. Although I didn’t wear the standard 20-pound vest required for the strict version of the workout, I still completed the grueling challenge in just under 33 minutes. At 49 years old, I had the second-fastest Murph time and claimed the fastest mile in my age group. The event was enjoyed by all as it fostered teamwork, camaraderie, and promoted a friendly competition. 

On Veteran’s Day I was asked to speak to an audience of veterans and Warrior Games participants. For the first time, since I have been incarcerated, I shared my journey to becoming a Navy SEAL and reflected on the inner strength that has sustained me through my prolonged incarceration.

“I was fully prepared to give my life in defense of this nation. I joined the military to fight for the liberties of my fellow Americans. Today, however, I am still in a fight for my own liberty. Throughout my experiences in the military, I’ve endured incredible hardship, pain and suffering. It filled within me the tremendous resilience and inner strength which has aided me throughout my entire incarceration, as well as in my fight for justice”

It would be easy to become bitter, folding to depression, hatred, and to wake up angry each morning. Instead, I am grateful. Of all attitudes that I could have, I choose to assume one of gratitude. In spite of the above and my own deep experience of pain and separation, I refuse to allow that to define who I am even under difficult conditions; I prefer to share the things that I am grateful for.

Each day that I go to work, I seek to learn something new so that when I am given the opportunity to regain my freedom, I will have important and useful skills that I can use in the service of others and enable me to support myself.

I continue to read and study every day as well. I am flirting with the idea of writing a book. Tentatively, it would include the ideas of localism, community, restorative justice, ecology, along with weaving-in indigenous cultural elements, all of which are near and dear to my heart and soul. 

Some of the books I’ve read include Sepp Holzer’s Permaculture; The Fountainhead, by Ayn Rand; Aristotle’s Rhetoric; Six Theories of Justice, by Karen Lebacqz; Snow Falling on Cedars, by David Guterson; Fundamentals of Criminal Behavior and Correctional Systems, by John Cull and Richard Hardy; Remaking Society, by Murray Bookchin; Reimagining God and Religion, by Jerry Wright; and, River of Doubt: Theodore Roosevelt’s Darkest Journey, by Candice Millard.

Finally, I have a wonderful team of intelligent and dedicated advocates (the Free Dusty Network) who volunteer their time and energies towards trying to help me gain freedom.