Two men sentenced to first-degree murder for a 1991 death are seeking commutations of their life sentences.

Jason A. Jones, now 52, and Leonard Crary, now 55, were convicted of party to first-degree intentional homicide and party to burglary while armed with a dangerous weapon in 1992.

Jones and Crary were convicted in the stabbing death of Gerald Szymanski, 47, in Fennimore May 17, 1991.

Szymanski was stabbed at least 21 times, including in the lungs, heart and throat, in a break-in at his apartment, according to testimony at Crary’s preliminary hearing. Szymanski got to a convenience store before collapsing, and he died at what then was Lancaster Memorial Hospital.

Circuit Judge John Wagner sentenced Jones, who was 17 at the time of Szymanski’s death, and Crary, who was 20, to life imprisonment with parole eligibility in 55 years on the homicide charge, and an additional 20 years in prison on the burglary charge, after they were convicted in separate trials. Under state law at the time Crary and Jones are not eligible for parole until 2046, with five years added to the homicide parole eligibility date for the burglary conviction.

Jones and Crary are two of more than 800 state prison inmates seeking commutation of their sentences as part of an initiative Gov. Tony Evers announced in April to “reform Wisconsin’s justice system in the absence of the Wisconsin State Legislature’s efforts to reform the state’s criminal justice system.”

The list of applicants was released by Republican state legislators and at least one conservative web page.

Crary’s preliminary hearing included testimony by a 14-year-old girl that Szymanski’s daughter hired Crary and Jones to kill her father, saying the daughter “just asked if he’d kill him for her” so that the daughter “wouldn’t be scared of [her father] anymore.”

Jones, who was waived into adult court, told Grant County sheriff’s deputies he and Crary went to Szymanski’s apartment to “take any money they could find” and videocassette recorders. Jones told deputies Crary stabbed Szymanski after they went into his bedroom and Szymanski’s dog began barking.

Jones told deputies in a different statement that he and Crary went to Szymanski’s apartment “to go and rob the gentleman’s apartment and … if the plan didn’t work they would kill the man.”

Crary’s statement to law enforcement said Jones cut Szymanski’s throat after Szymanski stabbed Crary in the right arm with Crary’s knife after Szymanski’s dog woke him up.

A search of Szymanski’s daughter’s apartment found a four-inch-long knife and clothing, work gloves and shoes that appeared to have been blood-soaked.

A Platteville psychologist testified during a hearing in which a motion to change the site of the trial was denied that Crary had an IQ of 73, indicating borderline or mild mental retardation, based on intelligence tests. The psychologist testified that Crary didn’t understand several of his Miranda rights, but under cross examination said “I’m no longer as certain” he didn’t understand when then-Grant County District Attorney Emil Everix mentioned three previous criminal trials in which Crary was represented by the same public defender.

Crary testified at his trial that it was Jones’ idea to steal from Szymanski’s apartment, and that Jones jumped on top of Szymanski with a “wrestling move” and cut Szymanski’s throat twice.

Crary claimed he never stabbed Szymanski with the hunting knife he brought along during the burglary.

But pathologist Dr. Robert Huntington III testified that two knives were used to kill Szymanski and marks from Crary’s and Jones’ knives were found on Szymanski’s body after the attack.

Crary was convicted after three hours of deliberation by a jury outside Grant County Nov. 7, 1991, and Wagner immediately sentenced him to life on the intentional homicide charge and 20 years on the burglary charge.

Jones admitted during his trial that he stabbed Szymanski at least six times. Testimony from statements made to law enforcement said Crary first stuck Szymanski in the stomach with a knife and then the two stabbed the man to death.

Jones was convicted by a Dane County jury after a four-day trial Nov. 29, 1991 in which the jury decided against convicting Jones of the lesser charges of felony murder or first-degree reckless homicide.

Jones — wearing a jean jacket with a drawing of a knife through a heart — was sentenced in January 1992 to the same sentence as Crary.

“The vicious nature of the crime was a situation where two young men dexided to become judge, jury and executioner,” said Wagner at Jones’ sentencing. “After the crime they blamed each other.”

Jones appealed his conviction claiming he was denied his Fifth Amendment right against self-incrimination and his Sixth Amendment right to counsel. Jones’ appeal also claimed Circuit Judge John Wagner, who heard the case, incorrectly didn’t allow the jury the option of finding Jones guilty of second-degree intentional homicide.

Jones’ appeal was denied by the state Court of Appeals in 1994 and the state Supreme Court in a 5–2 decision in 1995.

The first 12 applicants for commutation, five of whom were sentenced to life imprisonment after they were convicted of first-degree intentional homicide, are set to appear before the new Commutation Advisory Board Friday.

The last governor to commute sentences was Gov. Tommy Thompson in 1995. Evers has issued more than 2,000 pardons — which restore some constitutional rights, for those who completed sentences and have had no pending criminal cases for the past five years — but no commutations, which complete a sentence.

Evers’ executive order said a commutation “promotes rehabilitation by providing a system that rewards the positive efforts of incarcerated individuals who demonstrate personal growth and a commitment to change with the possibility of a second chance to contribute to society, become productive members of their communities, make amends, and improve their lives and those of the people around them.”

The executive order also said “the granting of commutations can also encourage incarcerated individuals to be accountable, take responsibility, make amends, and seek forgiveness for their actions that have harmed other individuals and the community.”

Convictions that are not eligible for commutation include sexual assault, physical abuse of a child, sexual exploitation of a child, child trafficking, incest and soliciting a child for prostitution.