Phillip Cavil Sr. has spent the last three years looking for a second job %uFFFD not an easy task for an ex-felon. And because of his felony conviction, Cavil cannot legally own a gun. But in a twisted irony, Cavil has found a job and it will require%uFFF
“The primary reason I’m going to the military is…I need financial help to make sure I can take care of my family better. Right now, with only one job and child support coming out (of my paycheck), I’m unable to pretty much maintain my own household,” Cavil told the Defender. “Every time I go in for an interview, (employers) like my resume.
But when they see the felony on there, they say ‘What happened?’ I explain what happened, and I hear ‘we’ll call you later.’ They never call me back. I call them and ask what’s going on, and they say they’ve filled that position. They can’t say it’s a felony charge because that would be discrimination,” Cavil said.
The government is also well aware of his felony record. He is among a growing number of felons allowed to join the military, under a special military waiver that allows recruits with a criminal past to still enlist. Cavil’s life-changing brush with the law came in 1996 when, at 24, he was charged with felony gun possession after breaking up a fight.
“This guy pulled a gun out on me and my cousin in the building that I was living in,” Cavil explained. Police arrived on the scene and Cavil was arrested and charged with unlawful possession of a firearm. Though his gun was registered in downstate Carbondale, due to city ordinances, the registration was not valid in Chicago where the incident happened.
He was put on probation for two years. Since his conviction, the state Supreme Court struck down that law in December 1999, ruling that it violated the single subject provision of the state constitution. Since then, simple unlawful use of a weapon has been a misdemeanor, explained John Gorman, communications director for the Cook County State’s Attorney’s Office. Caviil did try to get his felony charge changed to a misdemeanor charge.
“I was under the impression that I needed a lawyer to change this to a misdemeanor. “My lawyer said I couldn’t get it reversed because I pleaded guilty to the UUW charge so I could get probation. They told me if I went to court before a jury or a judge, and the judge found me guilty, I could be in jail for three to five years.” But in the military, Cavil’s weapon’s charge won’t matter much. Though he’ll be trained to use military weapons, his job will be clerical.
“I believe I might go out on patrol every now and again, but my primary job would be administrative.” According to a House Oversight and Government Reform Committee’s report, the army issued 511 waivers in 2007 for soldiers with felony records to join, compared to 249 in 2006. The Marine Corps issued 350 waivers last year compared to 208 the year before.
The number of African American men who are in the military with felony records is unavailable at this time, but over 1.4 million African American men currently have felony convictions. Cavil will be deployed to Afghanistan in August.
Shamontiel Vaughn can be reached at svaughn@chicagodefender.com.
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