Parole for German tourist killer back to Parole Board

Birte Pflegger provided the Crier with an update on the parole process for convicted murderer Thongxay Nilakout, the man who killed her mother and nearly killed her father during a botched robbery at Indian Vista Point near Lake Fulmor in 1994.

In December 2022, a state hearing panel recommended Nilakout for parole. The full board approved the request, but Gov. Gavin Newsom has referred the case back to the whole Parole Board for a hearing, scheduled for 9 a.m. Tuesday, June 20. Nilakout is to be the 11th case heard that day.

The governor, in his comments, asked the full board to consider “whether Mr. Nilakout can be safely released at this time” and noted that… “The psychologist who evaluated Mr. Nilakout identified current areas of concern that include the ‘life crime involving extreme violence against unknown and vulnerable victims, [his] participation in documented negative behavior through 2014, and some ongoing deficits in awareness or understanding related to life crime or subsequent negative behavior.’” While noting that Nilakout had showed some improvement, the governor asked “the full Board to assess whether Mr. Nilakout has sufficiently mitigated his risk factors, and whether his release on parole is consistent with public safety.”

Nilakout was 17 at the time of the murder. He was originally sentenced to life without parole, but a 2012 U.S. Supreme Court decision ruled that mandatory life without parole sentences for juveniles violated the Eighth Amendment, although it left judges the discretion to issue such terms in murder cases.

Pflegger presented arguments against parole for Nilakout: She believes he has not “aged out” of his criminal mindset. He is not yet 47, and recidivism decreases markedly for men after 55. Nilakout admits to shooting the Pfleggers, but his denial of certain facts, she says, makes “his expression of remorse ring hollow.”

She notes that although Nilakout claims to have rediscovered his Buddhist faith shortly before his 2015 parole hearing, he participated in a prison riot in 2014. “He is still learning how to follow rules in the controlled environment of a prison. He is not ready to be paroled.”

Pflegger also claims that Nilakout’s parole plans are “seriously flawed. “He intends to return to Banning and work as a driver for an older brother who owns a single truck. In prison he completed a truck driving theory class, but would still need to undergo training that costs, on average, about $5,000. He also has a history of road rage. Pflegger said that Nilakout “has not had a visitor in over 20 years,” and casts doubts on his ability to reintegrate into his family.

There is also an immigration angle; Nilakout is a Laotian national with a green card. He could be detained by Immigration and Customs Enforcement (ICE) upon release, but Laos does not accept deportees so he “would likely be released from ICE detention either immediately or within six months.”

The hearing may be joined by computer or cellphone at https://tinyurl.com/BPHExecutiveBoardMeeting. Members of the public can complete a speaker card and email it to SpeakerCards@CDRC.CA.Gov. During the hearing, you may post your name in the chat, raise a virtual hand to speak, or just speak when the clerk asks for comments after the case is called. Cards may be found at www.cdcr.ca.gov/bph/wp-content/uploads/sites/161/2021/04/Speaker-Card.pdf. You may also just “Google” California BPH speaker card.