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#and the time between arrest and trial for felonies
crumbleclub · 1 year
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i am gonna know so much random information about guidelines and bureaucratic processes in 1980s Utah as this fic goes on
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Tessa Stuart at Rolling Stone:
KRISTA HARDING’S DAUGHTER was eight weeks old when that police cruiser pulled behind her on the interstate and hit the lights in September 2019. She called her boss at the Little Caesars in Pinson, Alabama, where she’d just been promoted to manager: I’m going to be a little late, but I’m coming in! Don’t panic. Harding’s registration tag was expired. She figured the officer would write her a ticket and she’d be on her way, but when he came back after running her driver’s license, he had handcuffs out. There was a felony warrant out for her arrest, he said: “Chemical endangerment of a child.” Harding used her most patient customer-service tone to ask the officer if he’d please check again. But there was no mistake, the cop confirmed: He was taking her to the Etowah County Detention Center, almost an hour’s drive away. “I’m in the back of the cop car just bawling my eyes out, like, ugly-face-snot-bubbles crying,” Harding remembers. She was worried about being away from her newborn, and she was confused: Chemical endangerment of a child? “I think of somebody cooking meth with a baby on their hip,” she says. 
She’s right to think that: The Alabama law, passed in 2006, was intended to target those who expose children to toxic chemicals, or worse, explosions, while manufacturing methamphetamine in ad-hoc home labs.  Harding says it took at least eight hours to be booked into a cell that night, and it was more than a week before she was finally allowed to see a judge. She was still leaking breast milk, and desperately missing her two daughters. Her family wasn’t allowed to bring her clean underwear, so every day she washed her one pair, saturated with menstrual blood, in the cell sink, then hung them to dry.
Harding says she eventually learned the warrant for her arrest had been issued because of a urine test taken at a doctor’s visit early in her pregnancy. Sitting alone in her cell, she conjured a vague memory of her OB-GYN warning her local authorities had begun to crack down on weed. The comment had struck her as odd at the time: Nine years earlier, when she was pregnant with her first child, the same doctor at the same hospital had told Harding, who’d smoked both pot and cigarettes before she was pregnant, that she’d rather Harding kick the nicotine than the weed. (Studies are unequivocal about the fact that cigarettes contribute to adverse pregnancy outcomes, but the research on weed is less conclusive, with some doctors arguing it at least has therapeutic benefits, like helping with morning sickness.)
But in the years between her first child and her second, something had changed in certain parts of Alabama. In Etowah County, in 2013, the sheriff, the district attorney, and the head of the local child-welfare agency held a press conference to announce they intended to aggressively enforce that 2006 law. Instead of going after the manufacturers of meth, though, they planned to target pregnant women who used virtually any substance they deemed harmful to a developing fetus.
“If a baby is born with a controlled-substance dependency, the mother is going to jail,” then-Sheriff Todd Entrekin said at the time. Police weren’t required to establish that a child was born with a chemical dependency, though — or even that a fetus experienced any harm — a drug test, a confession, or just an accusation of substance use during pregnancy was enough to arrest women for a first offense that carries a maximum sentence of 10 years. One public defender would later call these “unwinnable cases.” Over the following decade, Etowah County imprisoned hundreds of mothers — some of whom were detained, before trial, for the rest of their pregnancies, inside one of the most brutal and inhumane prisons in the country, denied access to prenatal care and adequate nutrition, they say — in the name of protecting their children from harm. 
[...]
In the past two decades, Alabama has become the undisputed champion of arresting pregnant women for actions that wouldn’t be considered crimes if they weren’t pregnant: 649 arrests between 2006 and 2022, almost as many arrests as documented in all other states combined, according to advocacy group Pregnancy Justice, which collected the statistics. Across the U.S., the vast majority of women arrested on these charges were too poor to afford a lawyer, and a quarter of cases were based on the use of a legal substance, like prescription medication.
Today, Marshall is the attorney general of Alabama, and just a few months ago, the state’s Supreme Court used the same logic — that life begins at conception, therefore an embryo is legally indistinguishable from a living child — in a decision that was responsible for shutting down IVF clinics across the state. The ruling was a triumph for the fetal-personhood movement, a nationwide crusade to endow fertilized eggs, embryos, and fetuses with constitutional rights. Personhood has been the Holy Grail for the anti-abortion movement since Roe v. Wade was decided in 1973, but outlawing abortion — at any stage of pregnancy, for any reason — is just the start of what legal recognition of embryos’ rights could mean for anyone who can get pregnant. Experts have long warned that elevating an embryo’s legal status effectively strips the person whose body that embryo occupies of her own rights the moment she becomes pregnant.
Across the country, this theory has led to situations like in Texas, where a hospital kept a brain-dead woman alive for almost two months — against her own advanced directive and the wishes of her family — in deference to a state law that prevents doctors from removing a pregnant person from life support. (The hospital only relented after the woman’s husband sued for “cruel and obscene mutilation of a corpse.”) Or in New Hampshire, where a court allowed a woman who was hit by a car while seven months pregnant to be sued by her future child for negligence because she failed to use “a designated crosswalk.” Or in Washington, D.C., where a terminally ill cancer patient, 26 weeks pregnant, requested palliative care, but was instead subjected to court-ordered cesarean section. Her baby survived for just two hours; she died two days later.
Or in Alabama, where, in 2019, Marshae Jones walked into the Pleasant Grove Police Department with her six-year-old daughter expecting to be interviewed for a police investigation. Months earlier, Jones, four and a half months pregnant at the time, had been shot by her co-worker during a dispute. In the hospital after the shooting, Jones underwent an emergency C-section; her baby, whom she’d named Malaysia, did not survive. Rather than indicting the shooter, though, a grand jury indicted Jones, who they decided “intentionally” caused the death of her “unborn baby” because she allegedly picked a fight “knowing she was five months pregnant.” The charges were ultimately dismissed, but Jones’ lawyer says her record still shows the arrest, and Jones, who lost her job after the incident, struggled to find work after her case attracted national attention.
The threat this ideology poses to American women is not contained to Alabama: Recognition of fetal personhood is an explicit policy goal of the national Republican Party, and it has been since the 1980s. The GOP platform calls for amending the U.S. Constitution to recognize the rights of embryos, and representatives in Congress have introduced legislation that would recognize life begins at conception hundreds of times — as recently as this current session, when the Life at Conception Act attracted the co-sponsorship of 127 sitting Republican members of Congress.
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Taking inspiration from Black Americans’ fight for equal rights, the anti-abortion movement began thinking of its own crusade as a fight for equality. “The argument that the unborn was the ultimate victim of discrimination in America was really resonant with a lot of white Americans, a lot of socially conservative Americans — and it was vague enough that people who disagreed about stuff like feminism, the welfare state, children born outside of marriage, the Civil Rights Movement” could find common ground, Ziegler says.  By the time the Supreme Court ruled on Roe v. Wade in 1973, the idea that a fetus was entitled to constitutional protections was mainstream enough to be a central piece of Texas’ argument that “Jane Roe” did not have a right to get an abortion.  
The justices rejected that idea. “The word ‘person,’ as used in the Fourteenth Amendment, does not include the unborn,” Justice Harry Blackmun wrote. But he gave the movement a cause to rally behind for the next half-century by adding: “If this suggestion of personhood is established, [Roe’s] case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment.”  Making that happen became the anti-abortion movement’s primary focus from that moment on. One week after Roe was decided, a U.S. congressman first proposed amending the Constitution to guarantee “the right to life to the unborn, the ill, the aged, or the incapacitated.” It was called the Human Life Amendment, and though it failed to make it to a floor vote that session, it would be reproposed more than 300 times in the following decades.  By 1980, the idea had been fully embraced by the Republican Party: Ronald Reagan’s GOP adopted it into the party platform — where it remains to this day — and in 1983, the Republican-majority Congress voted, for the first and only time, on the idea of adding a personhood amendment to the U.S. Constitution. That vote failed. 
After their 1983 defeat, activists turned their attention away from the U.S. Capitol and toward the states, where they sought to insert the idea of fetal personhood into as many state laws as possible: everything from legislation creating tax deductions for fetuses or declaring them people for census-taking purposes, to expanding child-endangerment and -neglect laws.  Activists pursued this agenda everywhere, but they were most successful at advancing it in states that share certain qualities. “You could draw a Venn diagram of American slavery and see that what’s happening today is in common in those states,” says Michele Goodwin, a Georgetown University law professor and author of the book Policing the Womb. “Some would say, ‘Well, OK, how is that relevant?’ Slavery itself was explicitly about denying personal autonomy, denying the humanity of Black people. Now, clearly, these laws affect women of all ethnicities. But the point is: If you’re in a constitutional democracy and you found a way to avoid recognizing the constitutional humanity of a particular group of people, it’s something that’s not lost in the muscle memory of those who legislate and of the courts in that state.”
Rolling Stone has a solid in-depth report on the war on women and reproductive health in Alabama, going into detail the fetal personhood movement.
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noirandchocolate · 1 year
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With Donald Trump being formally charged with 37 counts alleging he illegally retained classified government documents after leaving office and then obstructed investigations into this activity, you may be interested in learning more about U.S. federal criminal procedure so you can understand what's already happened so far and how the case will proceed going forward.
The Department of Justice's website has a nice section outlining the different parts of a criminal case prosecuted in federal court, from investigation to sentencing and appeal. The descriptions of each segment of a case's life are in basic, layman's terms so little to no prior knowledge of legal concepts should be needed to understand.
Just thought I'd share, since folks are throwing around legal terms like "indictment" and "arraignment" that not everyone might be familiar with!
Also a few more points to be aware of:
A grand jury is called that because it is bigger than a trial (petit) jury, not because it is more important. A grand jury voting to indict someone is just the beginning of a case!
To obtain an indictment the government must show that there is probable cause to believe the defendant has committed the crime(s) sought to be charged. This is a much lower standard than the beyond-a-reasonable-doubt one used to convict a person. However, the grand jury is a very key step, particularly with highly publicized, politically sensitive cases like this one. It's meant to prevent prosecutors from just going after anyone with any charges without any proof--to, for example, stave off the kind of political "witch hunt" Trump continuously claims is happening. So the fact that a jury of average citizens has found that there's even enough evidence to charge a former President with federal felonies is huge.
Trump was arrested, but he is not currently being detained pretrial. This is not unusual.
Discovery, the pretrial period during which the parties gather and exchange evidence (in particular, the government must share anything it plans to rely on with the defendant) can last quite some time. So it may be a while before the case proceeds to trial.
Ditto the above regarding pretrial motions. It's very likely Trump and his legal team will be seeking to have evidence thrown out or even have charges dismissed. This is the part of the case during which the judge (who is unfortunately a Trump appointee) will be making crucial decisions about what evidence will eventually go before the jury.
Juror selection may well also be time-consuming since the usual goal is an unbiased jury that knows nothing about the defendant and, well...yeah.
Following trial, if Trump is convicted, it is extremely likely he will appeal to the Circuit court (the level between the District court and the Supreme Court). Additionally, although the charges against him do carry the possibility of serious prison time, there are ranges within which the judge can choose to set the amount of that time. I haven't researched this issue in detail.
In conclusion, it's a very big deal that Trump has been indicted in federal court, but there are a lot of things that still have to happen before he goes to trial. If you're interested on how cases proceed, check out the link above!
Disclaimer: I'm an attorney but for ethics purposes nothing I say on here is legal advice.
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ciaossu-imagines · 1 year
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khr + prison
This was a really interesting one, and definitely not an AU and fandom combination I’d been thinking I’d ever see. I’ll fully admit that this one had me a little stumped at first, but I eventually came around to an idea. So listed below, you will find a decent handful of characters and the crimes they got imprisoned for!
Okay, so while a lot of the fandom likes to pussyfoot around it and act like Tsuna is this total good-boy who wouldn’t hurt a fly, let’s get honest. Tsuna straight out murdered Byakuran in the TYL! Arc. Plain out and out, so obviously, the crime that ended Tsuna in prison is murder. It might have been murder for a good reason, but it’s still murder.
Gokudera gets arrested, charged with, and imprisoned for assault with a deadly weapon. And then keeps getting time added on for all the prison fights he gets into.
Yamamoto gets put into prison for aiding and abetting when he tries to help his friends. Given that he was trying to help them break out of prison because he felt they were being wrongfully treated in prison and were in danger, it’s understandable that he gets a pretty lengthy sentence.
Hibari gets put into prison for assault, battery, assault with a deadly weapon, racketeering and tax evasion. He ends up completely running the prison in less than two months.
Fuuta gets a rather short prison sentence because he was arrested and charged with breaking and entering. It’s just that there was something really cool in that place that he just had to rank for his book. Prison terrifies him but at the same time, he never runs out of things to rank in there.
Bianchi is charged but acquitted for separate counts of attempted murder and second-degree murder. Not enough evidence to make the charges stick and a mistrial happened after a large portion of the jury found themselves hospitalized with severe food poisoning. While she spent time in prison, it was only while she awaited her trial.
Let’s not forget that Ken, Chikusa, Mukuro, Birds, Lanchia, the Twins, and M.M. are all canonically people who have been in prison so let’s keep that going in this AU. This gang has so many different felonies and charges against them that it’s almost a game between them now to see who can get the most charges or the most bizarre ones. Ken has multiple counts of public indecency against him because he feels he should be able to take a piss wherever he needs to, as long as he’s not whipping it out in heavily crowded areas or anything, but Mukuro was charged and convicted of war crimes, so those two are tied for ‘what the hell’ charges at the moment.
Xanxus, Levi A. Than, Squalo, and Bel are all imprisoned for murder. Lussuria is imprisoned for murder and committing an indecency against a dead body.
Mammon gets imprisoned for tax fraud, grand larceny, and various drug charges relating to him being a huge drug kingpin.
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offender42085 · 1 year
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Post 1022
Jabe Ira Carney, Florida inmate S15074, born 1983, incarceration intake in April 2008, at age 24, scheduled for release April 2027
Manslaughter, Driving with invalid operators License, Fleeing LEO, Reisting LEO, Possession of Heroin
Jabe Ira Carney has the name of his buddy tattooed on his arm, a permanent reminder of the man killed when Carney lost control of a vehicle in a drunken-driving crash on Interstate 275.
Carney and Jason Michael Gibson were in residential drug rehabilitation in St. Petersburg when they left to go drinking in Manatee County in February 2006. Carney, and a passenger survived the roll-over crash. Gibson died at the scene.
At trial in March 2008, Carney's attorneys tried to convince jurors that Carney was not behind the wheel at the time of the crash. The jury deliberated for nearly six hours. Carney was found guilty of DUI manslaughter.
Carney was sentenced to 25 years in prison for crimes that included DUI manslaughter and fleeing to elude a law enforcement officer. His driver's license will be revoked for the rest of his life. Prosecutors pushed for severe punishment, hoping a long stint behind bars would serve as a deterrent.
Carney's friends and family, including his mother, urged Circuit Judge Janette C. Dunnigan to find compassion and not put Carney away for decades.
Defense attorney Jeffrey C. Young of Sarasota asked Dunnigan to sentence Carney to the bottom of a range of prison sentences -- about 12 years. Young noted that the victim also had been drinking.
The friends and family of Carney explored the tension between rehabilitation and punishment. Locking Carney up for a long time, the supporters said, does nothing to help him solve the drug and alcohol addiction that landed him in jail.
A store surveillance camera recorded Carney getting into the driver's seat hours before the wreck on I-275 north of Palmetto. Carney's blood-alcohol level was 0.111 percent -- above the threshold at which Florida motorists are considered impaired.
"I really messed up this time," Carney reportedly told the Florida Highway Patrol.
Last year, Carney ignored a court order to appear for trial on the manslaughter charge. Carney was arrested after a police chase on Interstate 75. He was in possession of heroin.
Carney said he was trying to evade capture because he was wanted for skipping trial.
Dunnigan found little sympathy for Carney, who was also convicted on a felony-level charge of driving with a suspended license.
3g
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beardedmrbean · 1 month
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A 39-year-old Los Angeles man has been sentenced to nearly 23 years in federal prison for dozens of felonies that involved extorting Koreatown karaoke businesses using methods seemingly ripped from gangster films.
Woodland Hills resident Daekun Cho, 39, was convicted in March on 57 charges: 55 counts of interference with commerce by extortion, one count of attempted interference with commerce by extortion and one count of carjacking.
Prosecutors say that from 2018 until his arrest in March 2023, Cho “demanded ‘protection’ money from karaoke businesses in Koreatown, as well as from drivers of ‘doumis’ – or hostesses – employed by patrons of the karaoke establishments,” the U.S. Department of Justice said in news release.
Using threats — and at least once, a baseball bat — Cho “physically attacked, threatened, and instilled fear in his victims to induce them to pay him” so-called “protection fees” that ranged between $100 and $1,000 per month either in person or via Venmo, prosecutors said.
In one instance in May 2021, a doumi driver refused to pay Cho, so Cho and an accomplice “beat the victim with baseball bats until knocking him unconscious and then stole his minivan,” prosecutors detailed.
“The victim suffered a broken arm and multiple cuts and bruises,” the release said. “In response, the victim and his business partner closed their karaoke driving company, and the business partner left California.”
In July 2022, a different victim that was dropping two doumis off at a Koreatown karaoke bar was approached by Cho, who appeared to have something in the pocket of his hoodie. Prosecutors say the 39-year-old opened the victim’s car door with his sleeve to not leave any fingerprints and threatened the victim, telling him he was not “permitted to drop off doumis at the establishment.”
“As the victim drove away, he heard gunshots, breaking the car’s glass, a shard of which hit a doumi in the neck,” the release stated.
Yet another karaoke driver who paid Cho in cash for years and then over Venmo, which Cho began accepting during the pandemic, according to the DOJ, was assaulted in Jan. 2023 after he stopped paying.
The 39-year-old violently assaulted the man, stole $1,000 from him and threatened to kill him.
“In text messages shown at trial, Cho threatened many victims that if they did not pay him, they would ‘see the real demon,’ ‘face the consequence,’ ‘get beat up,’ or be ‘punch[ed],’ or Cho would ‘come see u’ or ‘kick u out of ktown,’” the release noted. “One victim testified at trial that Cho pointed a gun at a victim’s head when he refused to comply with Cho’s orders.”
At the time of his arrest, Cho had a 9mm firearm, a Glock 17 firearm, a partially built ghost gun, multiple high-capacity magazines loaded and ammo for a revolver. Prosecutors added that one of the firearms was fully loaded with the safety disengaged.
Cho also had an illegal knife, two metal baseball bats and $20,733 in cash.
“For years, this defendant terrorized merchants in Koreatown with his violent, shake-down schemes and intimidated victims into remaining silent,” said United States Attorney Martin Estrada. “But working with our local partners, we were able to uncover and expose this incorrigible racketeer. Extortionists who seek to profit through violence are on notice that we will use federal tools to hold them accountable and the consequences will be severe.”
Cho was sentenced in August to 270 months in federal prison and ordered to pay $240,167 in restitution, as well as $5,700 in special assessments.
Homeland Security Investigations and the Los Angeles Police Department investigated the case.
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BATON ROUGE, La. — The mother of a Livingston Parish public schools student accused of making secret recordings on her daughter’s high school campus took a plea deal late last month and was sentenced to probation.
Amanda Carter, 39, was arrested in November on 20 counts of felony interception and disclosure of wire, electronic or oral communication — though she was only formally charged with two counts.
On June 21, Carter pleaded guilty to one count of misdemeanor illegal wiretapping and was sentenced to serve two years of probation and pay around $300 in fines, according to the 21st Judicial District Attorney’s Office. She also was banned from sending recording devices to any Livingston Parish school facilities.
In a federal lawsuit filed in February against the Livingston Parish School Board, Carter says she attached recording devices to her daughter’s wheelchair because she had concerns about her safety. Carter’s daughter has special needs and is nonverbal, according to the lawsuit.
The lawsuit described Carter’s purported findings from the recordings: Her daughter failed to receive academic services for a long period of time, staff made rude comments while changing her diaper and she was subject to daily body searches as staff sought evidence to report the Carter family to the Department of Children and Family Services.
Those recordings led to Carter’s arrest.
Prosecutors said that, last October, Carter uploaded an audio recording of a discussion between coaches at her child’s school to YouTube and Facebook. When the recording was made, her daughter’s wheelchair containing the device was in the coach’s office while her child wasn’t using the chair.
Although Carter told authorities she sent the recording devices to school to protect her child, the uploaded audio did not involve her daughter, prosecutors said.
Several weeks later, the recording device was confiscated, prosecutors said, and Carter sought to get it back by filing a complaint with the Livingston Parish Sheriff’s Office and playing another recording. Carter also had already received a cease-and-desist letter from the parish school board asking her to stop sending the devices to the school.
Joseph Long, Carter’s attorney, said that the plea deal was “about as light a penalty as you could ever ask for.”
“(Carter) was satisfied with the plea offer and that’s why she accepted it,” he said. “In a perfect world, she would go fight at trial, but that costs a lot of money. She’s looking for closure so she can take care of her family.”
Carter also agreed not to bring any more listening devices into her daughter’s school, Long said. Originally, Carter had asked that the school put cameras in the special needs classrooms to no avail. Now, the school board has placed cameras in the classroom, which Long said would provide a visual record if anything happened to her daughter.
Carter’s push for the cameras is part of a larger debate across the state about how to use recordings to help parents safeguard children who can’t speak for themselves, while still respecting the privacy rights of teachers, aides and other students.
A new law, which became effective last summer, requires school districts to develop policies and procedures for placing cameras in special education classrooms upon request — and to install those cameras if the money is available to do so. Other legislation last year provided state funding for such an initiative.
“After we had our preliminary examination, I think both sides agreed it was best to get a resolution,” Long said. “Prosecuting a mother of six who was just trying to protect her daughter serves no purpose.”
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90363462 · 2 years
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Tory Lanez Placed On House Arrest Until Megan Thee Stallion Shooting Trial Begins
Shannon Dawson
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Vivien Killilea
Tory Lanez has been placed on house arrest until his upcoming trial against Megan Thee Stallion.
On Oct. 26, court officials slammed the Canadian rapper with the order after allegations about his alleged assault incidentwith August Alsina surfaced last month.
Prosecutors say Tory Lanez is “a danger to society”
The prosecution filed a motion to have Lanez, whose real name is Daystar Peterson, brought into custody without bail because “he is a danger to society” and has a history of “defying court orders.
According to CBS Los Angeles, prosecutors noted how Lanez recently violated court orders not to come within 100 yards of Megan Thee Stallion. They also pointed to some of his recent social media posts aimed at the Houston native.
House arrest for the 30-year-old rapper will begin on Oct. 31 and will last until the start of his trial, which starts Nov. 28.
What happened that night in the Hollywood Hills?
Lanez is facing several hefty charges stemming from his alleged shooting of Megan Thee Stallion in 2020. Officials say the two mega-artists got into a roadside dispute after leaving a party in the Hollywood Hills. Megan, 28, demanded to get out of the car as the tension between the two stars came to a boiling point. According to LAPD Ryan Stogner, as Megan walked out of the vehicle, Lanez, who was allegedly “intoxicated,” shouted “Dance, bitch!”right before pulling the trigger at her foot.
In the criminal complaint, prosecutors said that Lanez “inflicted great bodily” harm on the Grammy-award-winning femcee. He has since been charged with a felony assault and faces a maximum sentence of 23 years if convicted.
Megan The Stallion has been slammed with criticism over the last year due to the incident, with some internet detractors questioning the rapper as to whether she was actually shot by Lanez. Megan opened up about the backlash in a 2020 op-ed for The New York Times. 
“The way people have publicly questioned and debated whether I played a role in my own violent assault proves that my fears about discussing what happened were, unfortunately, warranted,” the star wrote.
RELATED CONTENT: Tory Lanez Arrested After Judge Ruled He Violated Protective Order Involving Megan The Stallion
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ausetkmt · 12 days
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Defense Attorney Joe Munoz sits with Rhonda Bay in Wood County Circuit Judge Jason Wharton’s court on Wednesday where Bay accepted a plea deal to plead guilty to a charge of accessory after the fact to burglary, a misdemeanor offense. (Photo by Brett Dunlap)
PARKERSBURG — A Parkersburg woman accepted a plea deal and will likely testify next week in a murder trial.
Rhonda Bay, 35, appeared in Wood County Circuit Court on Wednesday before Judge Jason Wharton to enter a plea of guilty to a charge of accessory after the fact to burglary, a misdemeanor offense.
Bay was originally charged with accessory after the fact to murder following the Memorial Day Weekend 2021 murder of Darren Jimmie Salaam. Victor Thompson is scheduled to go to trial Monday before Wharton for the murder of Salaam. Vincent Cross will also be tried for being an accessory after the fact to murder.
Thompson was indicted on two counts of murder and one count of burglary after allegedly shooting and killing Salaam, 36, of Akron, in May 2021.
By entering into the plea agreement the original indictment against Bay will be dismissed. She is also expected to testify next week.
“The defendant will be forthright and truthful with the prosecutor’s office and other law enforcement agencies in regards to all inquiries made to this agreement including debriefings with the respect to the defendant’s knowledge of the facts surrounding the shooting of Darren Salaam,” Bay read from the plea agreement.
She said she is willing to do that.
Bay said she bought Thompson cigarettes, giving him food and telling him a place where he could go after the offense when he broke into a home at 4420 17th Ave. She told him he could go to an old tattoo shop on 19th Street.
She said she knew that he had broken into the house when she did this, but did not immediately know he had shot and killed someone.
Bay told Wood County Prosecutor Pat Lefebure that Thompson did not really tell her what happened at the residence, only indicating he said he was in trouble when Lefebure asked her about whether Thompson told her about firing the gun.
Thompson allegedly went to the residence on 17th Avenue to collect a debt and there may have been a disagreement involving a drug transaction before he shot Salaam through a curtain divider, prosecutors said during a bond hearing in 2021. Thompson was arrested in Ritchie County after a weeklong manhunt.
Thompson’s criminal history includes prior felony convictions for operating a methamphetamine lab, unlawful assault, third-offense driving under the influence and uttering between 2003 and 2014, prosecutors previously said, adding he also had ties to the Aryan Brotherhood.
Bay said she had gone to the residence early in the morning with Thompson to get $140 in money that was owed to her from a female resident there. She did not get the money. Thompson was there because the resident also owed him money for a drug debt and also did not get the money. Bay did not believe Thompson had a weapon at that time.
Thompson’s girlfriend was upset he did not get the money and belittling him, Bay said.
Bay got dropped off at her house and did not go back to the house on 17th Avenue.
Sometime later Thompson and his girlfriend showed back up at Bay’s house after the shooting, but she did not learn of the shooting later after she saw news reports about it and Thompson’s girlfriend later indicated to Bay Thompson shot someone there.
She never saw Cross and did not know him. She also admitted to using drugs at the time.
Lefebure said Bay is providing assistance in this case against Thompson and he feels the plea agreement is in the best interest of everyone.
The statute of limitations for the crime she is pleading guilty to is usually one year. Bay waived that and proceeded to plead guilty.
She could face a possible sentence of one year in jail and a fine of $500. Defense attorney Joe Munoz moved for alternative sentencing. Wharton ordered a pre-sentencing investigation through the Adult Probation Office.
Sentencing is set for 9 a.m. Dec. 22.
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dankusner · 1 month
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State, defense spar over Ambler video’s destruction
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2 accused of taking steps to ensure ‘Live PD’ footage of death wasn’t seen
Whose fault was it that video from the “Live PD” television show that showed the in-custody death of Javier Ambler II after a traffic chase in March 2019 was not preserved for investigators?
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A Williamson County prosecutor said in opening statements Tuesday at a trial that former Williamson County Sheriff Robert Chody and Assistant County Attorney Jason Nassour were at fault for not saving the video and worked to prevent its release.
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“This is a Williamson County debacle,” said prosecutor Mike Waldman.
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Chody’s defense attorney said the blame was with the Austin Police Department and the Travis County district attorney’s office for not making sure the video was preserved.
“The reason that we are here is that Robert Chody and Jason Nassour are the fall guys,” said E.G. Morris.
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Nassour’s attorney, Keith Hampton, did not make an opening statement, saying he was going to reserve the right to make one later.
Chody and Nassour are accused of taking steps to ensure that the “Live PD” video of Ambler’s death in 2019 was not seen by investigators or the public.
They are charged with tampering with evidence and conspiracy to tamper with evidence, both third-degree felonies punishable by up to 10 years in prison.
Ambler was driving home from a poker game in the early morning hours of March 28, 2019, when two Williamson County sheriff’s deputies – who both had “Live PD” crews in their patrol cars – started chasing him after he failed to dim his headlights.
Ambler crashed his car several times before it became disabled in North Austin after a 22-minute chase that started in Williamson County and ended in Travis County.
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J.J. Johnson and Zach Camden used Tasers four times on the 400-pound former football player as he cried that he had a heart condition, could not breathe and was not resisting arrest, according to a body camera video from an Austin police officer at the scene.
Ambler, a 40year-old former postal worker and the father of two sons, died a few minutes later.
Chody and Nassour arrived at the scene after Ambler died.
Information on Ambler’s death was not made public until more than a year after he died.
Producers canceled “Live PD” two days after the details of the death of Ambler, who was Black, were revealed by the American-Statesman and KVUE-TV in June 2020, sparking national headlines more than a year after the fatal incident.
The cancellation also came amid protests across the country over another in-custody death of a Black man, George Floyd, in Minneapolis.
The steps that Nassour and Chody took to ensure the “Live PD” footage was never seen included a provision in a contract made after Ambler’s death with Big Fish Entertainment Co., which produced the show, that any video be destroyed no later than 30 days after it was shot, according to an indictment filed in the case in June.
Waldman told the jury Tuesday that Chody never took statements from “Live PD” witnesses at the scene of Ambler’s death and that Chody allowed the show’s video from the scene to be taken away and sent to New York.
“No law enforcement ever saw that video,” said Waldman.
He said the Williamson County deputies involved in using their stun guns on Ambler were not wearing their own body cameras but were wearing cameras provided by “Live PD.”
A grainy black and white dashcam camera from one of the deputy’s patrol cars did show two professional cameramen within 5 feet of the incident “showing every single act that happened between Johnson and Ambler.”
In the months after Ambler’s death, Waldman said, a Travis County investigator tried repeatedly to get contact information for the “Live PD” television crew from Williamson County investigators but couldn’t obtain it until September 2019.
The video was destroyed in June 2019, according to a recent indictment.
Another investigator sent a subpoena to New York for the video but never could get the right address, so no one received it, the prosecutor said.
He also said that at the time of Ambler’s death, Williamson County did not have a contract with “Live PD” to film the show, so Chody got commissioners to agree on June 4, 2019, to a new contract that was backdated to include the date of Ambler’s death.
After the Statesman reported on Ambler’s death more than a year after incident, Waldman said, Nassour wrote to one of the “Live PD” producers that the show needed “to change the message and say there was no recording, it never existed and your crew said their batteries ran out.”
“Nassour knew that wasn’t true,” Waldman said.
Morris said in his opening statement that Chody did not take statements from “Live PD” witnesses at the scene because Austin police had taken over the investigation.
He said that when Chody and Nassour negotiated a new contract with “Live PD” after Ambler died, they did not put the clause in the contract that said all raw footage should be destroyed within 30 days unless a judge or other authorities requested that it be retained.
The clause originally said the footage could be destroyed within 90 days but the lawyer from the Williamson County Commissioner’s Court changed it to 30 days, Morris said.
The reason the destruction clause was put into the contract was to prevent “Live PD” from later selling any raw footage from Williamson County that might make the county look bad, Morris said.
He said the reason the contract was backdated to include the date of Ambler’s death was so the county could ensure it had insurance coverage.
He said a deputy at the scene had written down the names and phone numbers of “Live PD” crew members but lost the notes at the scene.
Austin police also listened to some body camera footage and got phone numbers of “Live PD” employees at the scene, called and left messages.
“How is it that the detective couldn’t find who these people (”Live PD” crew) were?” Morris asked.
The Austin Police Department never asked Chody for the names of the “Live PD” crew, Morris said.
He said an assistant Travis County district attorney, seeking the video a few days after Ambler’s death, did not know how to issue a subpoena for it, Morris said.
“Had he issued a proper subpoena there is no indication at all that (”Live PD” production company) Big Fish would have destroyed this video,” the defense attorney said.
Chody told Big Fish Entertainment that he was finished with his internal affairs investigation in June 2019, but he said there was still a criminal investigation, Morris said.
“He (Chody) did not say it was OK to destroy the video or recycle it,” Morris said.
The trial could last at least two weeks because prosecutors expect to call more than 40 witnesses, according to a court document.
Dan Abrams, the host of the “Live PD” show, is expected to testify in the trial after he said in 2019 that Chody requested the show retain the Ambler video pending an investigation.
“Live PD” retained the video for three months, Abrams said, until June 2019, when Chody informed “Live PD” attorneys that their investigation was complete using the bodycam video that they had, Abrams said.
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Defense attorneys have argued that federal law prevented Chody and Nassour from seizing video at the scene, and District Judge Karen Sage agreed, saying the state could not discuss with jurors their actions at the scene without her approval.
Johnson and Camden, the two Williamson County deputies involved in using Tasers on Ambler, were found not guilty of manslaughter in March
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writeyoururlher · 1 month
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How a Criminal Defense Attorney in Murrieta Can Help You Avoid Jail Time
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Facing criminal charges in Murrieta, CA, can be a daunting and life-altering experience. The fear of potentially facing jail time is a significant concern for many individuals caught in the criminal justice system. However, with the help of a skilled criminal defense attorney in Murrieta, there are several strategies that can be employed to reduce or even eliminate the possibility of incarceration. Here’s how a knowledgeable attorney can work to protect your freedom and keep you out of jail.
1. Building a Strong Defense Strategy
The foundation of avoiding jail time begins with a strong defense strategy. A criminal defense attorney will thoroughly investigate the details of your case, gather evidence, and identify weaknesses in the prosecution’s argument. By doing so, they can:
Challenge the Evidence: Your attorney will scrutinize the evidence against you, looking for inconsistencies, errors, or illegal procedures that could lead to evidence being dismissed.
Identify Legal Defenses: Depending on the specifics of your case, your attorney might argue self-defense, lack of intent, or even mistaken identity as part of your defense.
Present Alibis or Witnesses: If you have a solid alibi or credible witnesses who can testify on your behalf, your attorney will ensure this information is effectively presented in court.
A well-prepared defense can significantly weaken the prosecution’s case, increasing the chances of a favorable outcome.
2. Negotiating Plea Bargains
In many cases, criminal charges do not go to trial. Instead, they are resolved through plea bargains. A plea bargain is an agreement between the defendant and the prosecution where the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence. Have a peek here murrieta criminal defense attorney
Reducing Charges: Your attorney can negotiate with the prosecution to reduce the charges against you. For example, a felony charge might be reduced to a misdemeanor, which often carries lighter penalties.
Avoiding Jail Time: A skilled attorney can negotiate a plea deal that includes alternatives to jail time, such as probation, community service, or a fine. This can be particularly beneficial in cases where the evidence against you is strong, and the risk of conviction is high.
Plea bargains can be an effective way to avoid the uncertainty of a trial and the risk of a harsher sentence.
3. Pursuing Alternative Sentencing Options
Even if a conviction is likely, a criminal defense attorney can work to secure alternative sentencing options that do not involve jail time. In Murrieta, there are several alternatives to incarceration that your attorney might pursue:
Probation: Instead of serving time in jail, you may be placed on probation, which allows you to remain in the community under certain conditions, such as regular check-ins with a probation officer and adherence to specific rules.
House Arrest: In some cases, house arrest may be an option, allowing you to serve your sentence at home while wearing an electronic monitoring device.
Community Service: Your attorney may negotiate a sentence that includes performing community service rather than spending time in jail.
Rehabilitation Programs: For certain offenses, such as drug-related charges, attending a rehabilitation program may be offered as an alternative to incarceration.
These options allow you to serve your sentence in a way that avoids the harsh realities of jail and helps you maintain your responsibilities at home and work.
4. Challenging the Prosecution’s Case
A crucial aspect of avoiding jail time is to undermine the prosecution's case. A skilled criminal defense attorney will employ various tactics to challenge the evidence and arguments presented by the prosecution:
Motion to Suppress Evidence: If evidence was obtained unlawfully, your attorney can file a motion to suppress it, which means the evidence cannot be used against you in court. This could lead to a dismissal or reduction of charges.
Cross-Examination of Witnesses: Your attorney will cross-examine the prosecution’s witnesses, challenging their credibility, reliability, and consistency. Discrediting key witnesses can weaken the prosecution’s case significantly.
Filing for Dismissal: If there are substantial legal issues with the prosecution’s case, such as lack of evidence or procedural errors, your attorney may file a motion to have the charges dismissed altogether.
By aggressively challenging the prosecution’s case, your attorney can create doubt and increase the likelihood of a more favorable outcome, including the possibility of avoiding jail time.
5. Providing Guidance and Support
Navigating the criminal justice system can be overwhelming, especially when your freedom is at stake. A criminal defense attorney not only provides legal representation but also offers guidance and support throughout the process:
Explaining Your Options: Your attorney will explain the potential outcomes of your case and help you understand the best course of action to avoid jail time.
Keeping You Informed: Throughout the legal process, your attorney will keep you informed of any developments, ensuring you are prepared for each step.
Offering Reassurance: Facing criminal charges is stressful, but knowing you have an experienced attorney advocating for your rights can provide peace of mind.
This support is crucial in helping you make informed decisions that align with your goals and best interests.
Conclusion
Avoiding jail time is a top priority for anyone facing criminal charges in Murrieta, CA. With the help of a skilled criminal defense attorney, you can explore various legal avenues to protect your freedom, whether through building a strong defense, negotiating a plea bargain, pursuing alternative sentencing, or challenging the prosecution’s case. If you or a loved one are facing criminal charges, securing the services of an experienced criminal defense attorney is essential to achieving the best possible outcome and staying out of jail.
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patrickrobertslaw · 2 months
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The Difference Between a Felony and a Felony-Misdemeanor: What You Need to Know
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When facing criminal charges, understanding the distinctions between various types of offenses can significantly impact your defense strategy. Two terms that often come up in discussions about criminal law are “felony” and “felony-misdemeanor.” Although they might sound similar, they represent different levels of severity in the legal system. In this blog, we’ll break down the differences between a felony and a felony-misdemeanor and explain how a felony defense lawyer can help you navigate these complex charges.
What is a Felony?
A felony is a serious crime typically punishable by more than one year in prison. Felonies are classified into different degrees, ranging from first-degree felonies (the most severe) to lower degrees, depending on the nature of the crime and the defendant’s prior criminal history. Examples of felonies include:
Murder
Rape
Robbery
Burglary
Drug Trafficking
Felonies carry long-term consequences beyond incarceration. A felony conviction can lead to a permanent criminal record, loss of voting rights, difficulty finding employment, and other significant repercussions.
What is a Felony-Misdemeanor?
The term “felony-misdemeanor” can be somewhat misleading. It refers to offenses that are classified as misdemeanors but are punishable by a maximum penalty that is more severe than typical misdemeanors. In some jurisdictions, felony-misdemeanors are considered less severe than felonies but more severe than standard misdemeanors.
Key Characteristics of Felony-Misdemeanors:
Punishment: Felony-misdemeanors generally carry a maximum jail sentence of up to one year, which is longer than standard misdemeanors but shorter than felonies.
Classification: These offenses might include crimes that are categorized as misdemeanors but have severe penalties, such as certain types of assault or theft crimes where aggravating factors are present.
Criminal Record: While a felony-misdemeanor is not as severe as a felony, a conviction can still have significant implications for your criminal record and personal life.
How a Felony Defense Lawyer Can Help
Whether you’re facing a felony or a felony-misdemeanor charge, having a skilled defense lawyer is crucial. Here’s how a felony defense lawyer can assist you:
Understanding the Charges: A lawyer can help you understand the exact nature of the charges against you, whether they are categorized as a felony or a felony-misdemeanor. This understanding is essential for developing an effective defense strategy.
Exploring Defense Strategies: Your lawyer will assess your case and explore various defense options, including challenging the evidence, questioning the legality of the arrest, or negotiating a plea deal.
Navigating Legal Procedures: The legal process can be complex and overwhelming. A defense lawyer will guide you through every step, from arraignment to trial, ensuring that your rights are protected throughout the process.
Mitigating Consequences: If conviction seems likely, a lawyer can help mitigate the potential consequences by negotiating for reduced charges or lighter sentencing.
Providing Support: Facing criminal charges can be stressful and emotionally draining. A defense lawyer provides not only legal expertise but also support and guidance during this challenging time.
Conclusion
Understanding the difference between a felony and a felony-misdemeanor is essential when facing criminal charges. Felonies are serious offenses with long-term consequences, while felony-misdemeanors, though less severe, still carry significant penalties. Regardless of the charges you face, consulting with a qualified felony defense lawyer can make a significant difference in the outcome of your case. By providing expert legal advice, exploring defense strategies, and guiding you through the legal system, a defense lawyer can help you achieve the best possible outcome.
If you or someone you know is facing felony or felony-misdemeanor charges, don’t hesitate to reach out to an experienced defense attorney to discuss your case and start building a robust defense strategy today.
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Judd Legum and Aaron Rupar at Popular Information:
On June 20, Missouri Attorney General Andrew Bailey announced on X that he was filing a lawsuit against the State of New York. According to Bailey, when a New York jury convicted Donald Trump of 34 felonies, it was a "direct attack on our democratic process through unconstitutional lawfare" that "sabotage[d] Missourians’ right to a free and fair election." In one sense, this announcement has already been a success for Bailey. The governor of Missouri appointed him as Attorney General in 2023. Today, Bailey is in the middle of a campaign for a full term. In August, Bailey will face Will Scharf, a member of Trump's legal team, in the Republican primary. Specifically, Scharf is part of the team handling appellate matters for the former president. 
Since the announcement, Bailey has been a frequent guest on conservative media outlets — including Fox News and Newsmax — to talk about his decision to sue New York. It positions Bailey, not Scharf, as the most aggressive legal defender of Trump. "Radical progressives in New York are trying to rig the 2024 election," Bailey told Fox News. "We have to stand up and fight back." And yet, nearly a week after Bailey's announcement, the lawsuit still does not exist. Presumably, Bailey will eventually file something, but it will be difficult to construct a complaint that has any credibility.  In the United States, in order to have standing as a plaintiff in a lawsuit, you must have an "injury in fact." In other words, it is not enough to allege that something illegal occurred. The lawsuit must show that the plaintiff was actually harmed.  How was Missouri harmed by the criminal charges filed against Trump in New York? Bailey has struggled to come up with a convincing answer. 
In an appearance on The Benny Show, an online program hosted by right-wing polemicist Benny Johnson, Bailey said that "Missouri has a sovereign interest in participating on equal footing with other states in a national presidential election." Bailey then said New York, by prosecuting Trump, is "taking a presidential candidate off the campaign trail." This, according to Bailey, violates the First Amendment rights of Missourians to "hear from their preferred candidate." Of course, Trump's criminal prosecution has not prevented him from campaigning, except on days when he was required to be in court. So, the alleged constitutional violation appears to be that the trial prevented Trump from campaigning in Missouri every day. Trump has held numerous events before, during, and after the trial. He just chose not to go to Missouri. Trump has not held a campaign event in Missouri since September 2018. Clearly, his absence from Missouri this year has little to do with New York's criminal prosecution.
Bailey also claimed that after Trump's sentencing on July 11, "onerous" provisions, including jail time, house arrest, or community service, will further impact his ability to campaign in Missouri. Criminal convictions, of course, do result in some inconveniences for the guilty. But being punished for a crime is not a constitutional violation. The reality is that any sentence will likely be stayed pending Trump's appeal, which will not be resolved until long after the election. It is unlikely that Trump will visit Missouri before election day, but that will be his choice.  Finally, Bailey is promoting his theoretical lawsuit by promising that it will be adjudicated by the Supreme Court. Bailey is correct that the Supreme Court does have original jurisdiction over disputes between states, but it is not required to exercise its jurisdiction. Bailey acknowledged that his attempt to access the Supreme Court this way is unprecedented. Previous cases between states considered by the Supreme Court, Bailey admitted, were "about boundaries and water rights."
[...]
The Bailey formula for MAGA stardom
Even though he’s still never won an election, Bailey is a rising MAGA star. Since being appointed to office in January of last year, Bailey has become a fixture on right-wing TV, and he has proven to be especially skilled at using X to advance his brand of reactionary politics. Late last year, Bailey announced on X his intention to sue Media Matters for America after Media Matters reported that X was displaying ads for prominent brands next to neo-Nazi content. Bailey filed the suit at the urging of Elon Musk and Trump adviser Stephen Miller. 
This year, based on a deceptive Project Veritas video, Bailey announced on X his plan to file a lawsuit against Planned Parenthood that he said was aimed at driving Planned Parenthood out of Missouri. In both instances, Bailey’s lawsuits ended up being remarkably flimsy.
Right-wing media are legitimizing a currently nonexistent lawsuit from Missouri AG Andrew Bailey (R) that sues the state of New York over a Manhattan jury convicting Donald Trump on 34 felonies in the business records falsification trial.
This “lawsuit” is just a partisan stunt to ward off a fellow MAGA insurgent in Will Scharf in the #MOAG race.
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offender42085 · 1 year
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Post 943
....He had eluded police for close to three weeks, but was eventually arrested in a Mobile Home Park...
Justin Arthur Donovan, Michigan inmate 474861, born 1980, incarceration intake in 2019 at age 39, scheduled for earliest possible release 09/29/2024 with full release 10/05/2074
Assault with Intent to cause Great Bodily Harm, Weapons Possession, Assault/Resist to LEO, Possession of Controlled Substance-Methamphetamine, Fleeing LEO, Home Invasion
In 2019, a man who pleaded guilty to stabbing a 25-year-old man in a Comstock Township home 27 times was sentenced to between five and 20 years in prison.
Justin Donovan, 39, pleaded guilty earlier to assault with intent to do great bodily harm less than murder.
He had initially been charged with assault with intent to murder, but had his charge reduced as part of a plea agreement.
During Donovan’s sentencing, Kalamazoo County Circuit Court Judge Paul Bridenstine noted the defendant’s “extensive criminal history" in weighing his decision. That history includes nine prior adult felony convictions, 11 adult misdemeanors and, according to Bridenstine, multiple juvenile felony adjudications.
At the time of the incident, per court documents, Donovan had been on parole after serving time for a charge of fleeing police, third-degree. He had been released from jail just days prior to the stabbing.
Donovan eluded police for close to three weeks following the stabbing, but was eventually arrested in the Sherwood Forest Mobile Home Park in Kalamazoo Township.
His victim, Kyle Kelley, testified at a preliminary hearing that Donovan had contacted him via phone after the stabbing and told him that he had attacked him because he found out that Kelley had impregnated Donovan’s former girlfriend while he had been locked up.
Kelley claimed that the stabbing was unprovoked and that he was looking out the window with his back to Donovan when it happened. That is something Donovan’s attorney, Robert Champion, said would have been disputed had the case gone to trial.
According to court documents, Donovan stabbed Kelley 27 times in the neck and head, from behind. At the preliminary hearing, Kelley — who was not present in court for Donovan’s sentencing — had a scar that stretched from ear to ear, going across the front of his throat.
Kelley, who spent three days in the hospital following the incident, testified that he had been told by doctors that “if the blade wouldn’t have hit my jaw I would’ve died.”
“Certainly I consider the circumstances of this incident where you assaulted Mr. Kelley with a knife, numerous stabs, required him to have surgery, as well as blood transfusions in a nearly fatal incident,” Bridenstine said.
Bridenstine also highlighted the fact that Donovan was on parole at the time of the incident and has a “history of amphetamine and other illegal substance use.”
“Based on everything that has been presented, because you have reached agreement with the government to resolve this, I find it just and reasonable to follow that which you agreed to,” he said.
3y
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Okay, there is something I've wanted to get off my chest for a few days now... and my therapist has already heard it all. Warning: This is political. Warning: This will unveil a part of the Shadsie Lore that may make some of you unfollow me or even block me. I do not care. I thought "I shouldn't talk about this on the Internet, even on a place unconnected to my real name" until this article just slapped me in the face and told me that I needed to talk about it:
Ex-Felons Responding to the Trump Verdict I spent a chunk of my high school years visiting my brother in prison, where he served just shy of 4 years for an incident that he is lucky to have survived - he's white, he was arrested by sleepy-desert-town country cops who like the guards of Whiterun in Skyrim mostly deal with drunken brawls and petty thievery and weren't as trigger-happy as the city-cops. Knowing his stories, I know that the American prison system needs reformation badly, as it doesn't rehabilitate people so much as just give them a lot of trauma and, in some cases, makes them worse. And then... came time... Crime Time... for me. *Sad, scared little squeak talking about this.*
So, I did something that I am not proud of damn near 20 years ago. I will not elaborate save to say that: 1. A single felony and associated misdemeanours 2. No one was (physically) harmed 3. It was related to my mental health and how I got a diagnosis. 4. I served no time. 5. I was railroaded into a plea deal - I was contrite and fully confessed to the misdemeanours, but thought that the more serious charge that the DA wanted to pin on me was going overboard. 6. I felt like I couldn't win if it went to trial with only a public defender in my corner and so pleaded to the greater charge in exchange for serving probation. 7. I served 2 years of probation and it amuses me to this day that they gave me an officer who was pregnant. She had to give me over to another officer when she went to have her baby. I asked how she and the baby were and like to joke that I must have been one of the county's nicest criminals for them to give me a probation officer in a delicate condition. 8. This happened almost 20 years ago and it messes up my life to this day. It kept me from getting a job I wanted. (Thankfully I recently got a job with a company that doesn't look further than 7 years back). 9. Having had my record brought to my attention, I researched pardoning and gathered materials and sent off a package to petition my governor. At the speed of bureaucracy I expect to hear back about the initial filing process, let alone getting a hearing, *looks at watch and taps foot* oh, about when Pangea Ultima forms and the world has been taken over by the descendants of squids. Anyway, I've had mixed feelings all this week. On one hand, I'm elated - for once, the GREASED HOG HAS BEEN CAUGHT ON SOMETHING! Always nice to see the rich and powerful get some kind of censure, if not full justice. On the other hand, I see a lot of people online talking about felons not having rights and not having dignity and so forth - you know, the stigmas. Personally, I am never going to run for President, I do not think I would do well with a position of power and have no desire for it. In fact, I am skeptical of the morals of anyone who wants a lot of power. I am an anxious type who'd constantly worry about messing up people's lives on accident. I certainly could not do the President-thing of ordering war-actions (because my personal hero is Vash the Stampede... "thou shall not kill"). And, despite my favorite anime being Trigun and my love of playing Fallout... I don't want anything to do with guns in real life, so no worries on the gun-ownership thing. I live in a state that allows ex-felons to vote so long as they've served their time/probation. I may want to move to a state in the future where I am not sure that is allowed to be with family (One of my reasons for seeking a pardon). Between my brother and me, I am VERY concerned with the human rights and civil rights of repentant ex-cons and of those people in the prison / legal system. That said: Mr. Trump is NOT "one of us." He is a rich (or at least bluffs his way) and powerful and is being treated with the softest of kid gloves. (If I had pulled the threats and outbursts that he had in the courtroom during my hearings, I would have been jailed). I was silent, spoke only when spoken to. He'll never want for a job or money as even if he's more broke than he lets on, he has his slathering minions who send him millions of dollars in a day. He'll never have to rely on a public defender (as passionate and dedicated as they are, they are overloaded and not well listened to in the court system) - he'll always have excellent monied lawyers. I enjoy the HELL out of the idea that he's going to have a probation officer, but I do not think it will humble him. Covid, after all, didn't give him the impression of being a mere mortal man. If anything, this trial, even this conviction, highlights the disparities in the American legal system for me.
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beardedmrbean · 6 months
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A former Washington state high school teacher accused of having an inappropriate sexual relationship with one of her students pleaded guilty to the crime but will face no jail time under an agreed plea bargain, court records show.
McKenna Aileen Kindred, who taught at Central Valley High School in Spokane Valley, pleaded guilty to one count of second-degree sexual misconduct and one count of communication with a minor for immoral purposes, according to Spokane County Superior Court records obtained by USA TODAY.
Both charges are misdemeanors.
The city is the largest suburb of Spokane, located in east Washington.
Neighbor slain with chainsaw, knife: Man wearing 'Scream' mask kills neighbor with chainsaw then watches movie, affidavit says
Details of McKenna Kindred's plea deal
In addition to the charge of communication with a minor for immoral purposes, Kindred, 25, was initially charged with felony first-degree sexual misconduct, court documents show.
She had been set to go to trial on both charges this month, but under a deal reached between her defense attorney and the state attorney's office, she plead guilty to the lesser misdemeanor charges, court records show.
McKenna Kindred now a sex offender for life
Court documents show Superior Court Judge Dean Chuang suspended Kindred's sentence but said she must participate in two years of probation, pay a fine and told her she is not permitted to have contact with the victim.
She must also register as a sex offender, the judge ruled.
"As a result of my actions, I've lost my career, valuable friendships, freedoms and have let down countless people who placed their trust in me," Kindred told the judge during her sentencing hearing captured on video by KXLY-TV. "I am deeply ashamed of the pain I have caused."
Easter arson outside church: Bibles were 'intentionally set on fire' outside Greg Locke's church on Easter, police say
McKenna Kindred's husband was out of town when pair had sex
Kindred was arrested in 2022 and has been free on bond since then, court records show.
At the time of the offense, court records continue, Kindred was married.
The Spokane-Review reported some of the student's classmates came forward with accusations Kindred and the boy had been inappropriately messaging through Instagram and he became "defensive when they questioned him about the relationship."
The boy's mother also told deputies she learned her son was having a sex with Kindred and they had been sharing "explicit photos" with each other, the outlet reported. During an interview with police, the boy admitted the pair had sex when her husband was out of town.
Kindred was placed on administrative leave at the school in 2022 and resigned last year, KHQ-TV reported.
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