Newsom Seeks Posthumous Pardon For North Bay Medal of Honor Recipient

PETALUMA, CA — Gov. Gavin Newsom seeks a posthumous pardon for a Vietnam War veteran from Petaluma who received the Congressional Medal of Honor—the nation's highest—in 1971 from President Richard Nixon, Newsom's office announced on Veterans Day.

U.S. Army Sgt. Richard Allen "Butch" Penry, who died in 1994, was among six veterans of the U.S. Armed Forces whom Newsom sought to pardon this Nov. 11.

The California Constitution gives the governor the authority to grant executive clemency in the form of a pardon, commutation or reprieve. The governor regards clemency as an important part of the criminal justice system that can incentivize accountability and rehabilitation, increase public safety by removing counterproductive barriers to successful reentry, correct unjust results in the legal system, and address the health needs of incarcerated people with high medical risks, Newsom's office said.

Clemency recognizes the grantee's self-development and accountability after conviction. It does not forgive or minimize the harm the grantee caused, Newsom's office said.

The governor is expected to weigh numerous factors while reviewing clemency applications, including an applicant's self-development and conduct since the offense, whether the pardon is in the interest of justice, and the impact of the pardon on the community, including crime victims and survivors.

Newsom granted clemency to five veterans Monday who served honorably and were able to prove they have been living an "upright" life:

• Don Archibald, a U.S. Army veteran who was sentenced to five years to life in prison for first-degree robbery in 1966 by Los Angeles County when he was 20 years old. In 2010, Archibald was granted a certificate of rehabilitation.
• Marcus Page, a U.S. Marine veteran who served three years of probation and 240 days in jail for the transport of a controlled substance. He was sentenced in 1994 by San Diego County.
• Robert Teagle, a U.S. Army veteran who was sentenced in 1981 to three years of probation and 69 days in jail for the sale of a controlled substance in San Bernardino County.
• Brian Tinney, a U.S. Navy veteran who was sentenced in 1994 by San Diego County to five years of probation and 90 days in jail for grand theft of property. In 1996, his probation was revoked and he was sentenced to two years in prison for the crime of felon or addict in possession of a firearm.
• Alex Zonn, who served in the U.S. Air Force, was sentenced by Ventura County to three years of probation and 60 days in jail in 1970 for selling marijuana.

U.S. Army Sgt. Richard Allen "Butch" Penry

Penry was presented a medal of honor on June 15, 1971, by then-President Nixon for "conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty."

The Congressional Medal of Honor Society states that Penry distinguished himself while serving as a Company C rifleman Jan. 31, 1970, during a night ambush mission in Binh Tuy Province, Vietnam.

"During a determined assault by over 30 enemy soldiers, Sgt. Penry occupied the most vulnerable forward position, placing heavy, accurate fire on the attacking enemy and exposing himself several times to throw hand grenades into the advancing enemy troops. He succeeded virtually singlehandedly in stopping the attack."

The platoon was preparing the ambush position when it suddenly came under an intense enemy attack from mortar, rocket and automatic-weapons fire—seriously wounding the company commander and most of the platoon members.

Seeing the extreme seriousness of the situation, Penry worked his way through the deadly enemy fire to the company command post where he administered first aid to the wounded company commander and other personnel. He then moved the command post to a position with greater protection and visual communication and control of other platoon elements.

He soon learned the company radio was damaged so he ran outside the defensive perimeter through a fusillade of hostile fire to retrieve another radio. When that one was also inoperable, Penry went through heavy fire twice more to retrieve more radios.

He then crawled to the edge of the perimeter to retrieve more ammunition and weapons for the wounded men to use against the enemy soldiers.

For a fourth time, Penry crawled outside the defensive perimeter to retrieve yet another radio. After he successfully established communications with higher headquarters, he continued to administer first aid to the wounded and repositioned them to better repel further enemy attacks.

Despite continuous and deadly sniper fire, Penry again left the defensive perimeter and moved to within a few feet of enemy positions so he could lead five isolated, wounded soldiers to safety.

As evacuation helicopters approached, Penry voluntarily left the perimeter and set up a guiding beacon. He established the priorities for evacuation and successively carried 18 wounded men to the extraction site.

After all wounded personnel were evacuated, Penry stayed on the ground and joined another platoon in pursuit of the enemy.

Penry's "extraordinary heroism at the risk of his own life are in keeping with the highest traditions of the military service and reflect great credit on him, his unit, and the U.S. Army," the citation states.

According to Newsom's office, Penry returned from active duty at a time when there were few resources for veterans and little understanding of Post Traumatic Stress Disorder —PTSD —and struggled with reentry to civilian life. Penry self-medicated through substance use, which was the context for his drug-related convictions. Because Penry had more than one felony conviction, the governor cannot grant a pardon without the approval of the California Supreme Court.

Since taking office, Newsom has granted 186 pardons.

See Newsom's Veterans Day Proclamation.