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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

(Newser) – You see someone smashing a hammer into a house you've been
renovating. You call 911 and run inside, where you find four local
boys, aged between eight and 10, all vandalizing the house. What do
you do? New York county man Jesse Daniels decided to put the kids in a
closet until the cops arrived—a move that could now send him to jail
with charges of endangering the welfare of a child, reports 13 WHAM.
He faces a maximum sentence of a year in county jail for each charge.

"One person was sitting on the floor and the other ones were swinging,
just swinging crazy," says Daniels. He claims he took a hammer off one
kid before corralling them all into the closet. "I said listen you
guys are staying here until the police come, period," he says. But the
boys and their parents tell a different story. They say Daniels
threatened the kids with the hammer and grabbed one boy by the throat.
"I understand they were in the wrong but there are other ways to
handle it," says one father. "He knew who the kids were it's not like
they were strangers and send the kids home and call the cops then. You
don't sit there and torment them and tell them you're going to bash
their skulls in with a hammer." The kids face felony charges of second
degree burglary and second degree criminal mischief.

http://www.newser.com/story/169581/m...o-to-jail.html
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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:

He faces a maximum sentence of a year in county jail for each charge.


A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" sentences.

A year for four convictions he can stay local is called "Concurrent"
sentences.
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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

On 6/16/2013 4:54 PM, Oren wrote:
On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:

He faces a maximum sentence of a year in county jail for each charge.


A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" sentences.

A year for four convictions he can stay local is called "Concurrent"
sentences.


If I was on the jury, I would explain jury nullification to the other
jurors and put a stop to that nonsense. ^_^

TDD
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Default Man Stops Kids Vandalizing House ‹Now He Might Go To Jail

In article ,
The Daring Dufas wrote:

On 6/16/2013 4:54 PM, Oren wrote:
On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:

He faces a maximum sentence of a year in county jail for each charge.


A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" sentences.

A year for four convictions he can stay local is called "Concurrent"
sentences.


If I was on the jury, I would explain jury nullification to the other
jurors and put a stop to that nonsense. ^_^

TDD


why would you have to. just one "nay" would result in a not guilty
verdict
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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

On Sun, 16 Jun 2013 18:35:00 -0500, The Daring Dufas
wrote:

On 6/16/2013 4:54 PM, Oren wrote:
On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:

He faces a maximum sentence of a year in county jail for each charge.


A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" sentences.

A year for four convictions he can stay local is called "Concurrent"
sentences.


If I was on the jury, I would explain jury nullification to the other
jurors and put a stop to that nonsense. ^_^

TDD


I'm not called to jury duty, of late. I write on the paper "retired
LEO" or just never answer the jury summons"

If they lock me up, they have to feed me.


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Default

They're not going to have a jury trial for something like this.

The judge is going to consider that all involved have learned their lesson and send them all home.

My parents used to get letters all the time asking them to show up at a certain place and time to be screened for jury duty in a particular court case.
I always took care of it by phoning the phone number on the letter and telling the clerk: "Well, I'm not sure how good a juror my dad would make. As soon a we sit down to watch TV after supper, he's always falling asleep."

And, the nice lady would always say: "Oh. If that's the case, tell him he doesn't have to come down. It's OK, we'll find someone else."
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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

"Get off my lawn!"

http://www.youtube.com/watch?v=NelBNtNm8l0

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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

And sentence the kids to hard labor, fixing the
damage plus community service, wearing
prison jump suits?
..
Christopher A. Young
Learn more about Jesus
www.lds.org
..
..
"The Daring Dufas" wrote in message ...

If I was on the jury, I would explain jury nullification to the other
jurors and put a stop to that nonsense. ^_^

TDD

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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

On 6/16/2013 6:51 PM, Oren wrote:
On Sun, 16 Jun 2013 18:35:00 -0500, The Daring Dufas
wrote:

On 6/16/2013 4:54 PM, Oren wrote:
On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:

He faces a maximum sentence of a year in county jail for each charge.

A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" sentences.

A year for four convictions he can stay local is called "Concurrent"
sentences.


If I was on the jury, I would explain jury nullification to the other
jurors and put a stop to that nonsense. ^_^

TDD


I'm not called to jury duty, of late. I write on the paper "retired
LEO" or just never answer the jury summons"

If they lock me up, they have to feed me.


They don't call me anymore after I told the clerk I would vote "Not
Guilty!" no matter what the evidence was. Of course now, my medical
problems would keep me from jury duty. The Last time I got a traffic
ticket, I showed up with my walker which I have to have if I must stand
in any kind of line. They would probably freak out over the external
defibrillator I wear at all times. Anyway, case dismissed since it would
cost them a million bucks to take care of me unless they want to jail me
and withhold medical care so I would die in their custody. ^_^

TDD


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Default Man Stops Kids Vandalizing House ‹Now He Might Go To Jail

In article ,
"Malcom \"Mal\" Reynolds" wrote:

In article ,
The Daring Dufas wrote:

On 6/16/2013 4:54 PM, Oren wrote:
On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:

He faces a maximum sentence of a year in county jail for each charge.

A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" sentences.

A year for four convictions he can stay local is called "Concurrent"
sentences.


If I was on the jury, I would explain jury nullification to the other
jurors and put a stop to that nonsense. ^_^

TDD


why would you have to. just one "nay" would result in a not guilty
verdict


Just one nay would result only in hung jury. A single nay would likely
result in the Prosecutor trying again. You would need to have at least
3-4 nays to dissuade the Prosecutor from this folly.
--
America is at that awkward stage. It's too late
to work within the system, but too early to shoot
the *******s."-- Claire Wolfe


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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

On Jun 16, 8:29*pm, nestork wrote:
They're not going to have a jury trial for something like this.

The judge is going to consider that all involved have learned their
lesson and send them all home.


Maybe not in Canada, but in the USA if the prosecutor charges
him with 4 counts of endangering the welfare of a child, I don't
see the typical judge sending them all home. If the state brings
charges, it's not within his power to do so, except for extraordinary
circumstances. He'd basically have to find that there isn't any
evidence
to support the charges. If you have 4 kids sticking to their story,
then you do have evidence and only a trial can determine if he's
guilty or not.




My parents used to get letters all the time asking them to show up at a
certain place and time to be screened for jury duty in a particular
court case.
I always took care of it by phoning the phone number on the letter and
telling the clerk: *"Well, I'm not sure how good a juror my dad would
make. *As soon a we sit down to watch TV after supper, he's always
falling asleep."

And, the nice lady would always say: *"Oh. *If that's the case, tell him
he doesn't have to come down. *It's OK, we'll find someone else."

--
nestork


Seems it's a lot easier to avoid jury duty in some places than
in others.
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Default Man Stops Kids Vandalizing House -Now He Might Go To Jail

Sounds like the kids got what they deserved. Be nice to have the kids doing the restoration at the house, and community service. All in jail house uniforms. If I was the parents, I'd have the kids grounded for a month after their sentence.
..
Christopher A. Young
Learn more about Jesus
www.lds.org
..
..
"Metspitzer" wrote in message ...
(Newser) - You see someone smashing a hammer into a house you've been
renovating. You call 911 and run inside, where you find four local
boys, aged between eight and 10, all vandalizing the house. What do
you do? New York county man Jesse Daniels decided to put the kids in a
closet until the cops arrived-a move that could now send him to jail
with charges of endangering the welfare of a child, reports 13 WHAM.
He faces a maximum sentence of a year in county jail for each charge.

"One person was sitting on the floor and the other ones were swinging,
just swinging crazy," says Daniels. He claims he took a hammer off one
kid before corralling them all into the closet. "I said listen you
guys are staying here until the police come, period," he says. But the
boys and their parents tell a different story. They say Daniels
threatened the kids with the hammer and grabbed one boy by the throat.
"I understand they were in the wrong but there are other ways to
handle it," says one father. "He knew who the kids were it's not like
they were strangers and send the kids home and call the cops then. You
don't sit there and torment them and tell them you're going to bash
their skulls in with a hammer." The kids face felony charges of second
degree burglary and second degree criminal mischief.

http://www.newser.com/story/169581/m...o-to-jail.html

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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

On Jun 16, 2:54*pm, Oren wrote:
On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:

He faces a maximum sentence of a year in county jail for each charge.


A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" *sentences.

A year for four convictions he can stay local is called "Concurrent"
sentences.


You sure about that? I was a CO (read "jailer") for 15 years, We had
several instances of people sitting
out multiple misdemeanor offenses so they could get off the probation
rolls. The rule was that the sentence
must be one year or more for a felony offense before they were shipped
to the state. I don't recall _ever_ shipping'
a misdemeanant to the state no matter how many misdemeanor charges
there were.

Harry K
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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

On Jun 16, 4:35*pm, The Daring Dufas the-daring-du...@stinky-
finger.net wrote:
On 6/16/2013 4:54 PM, Oren wrote:

On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:


He faces a maximum sentence of a year in county jail for each charge.


A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" *sentences.


A year for four convictions he can stay local is called "Concurrent"
sentences.


If I was on the jury, I would explain jury nullification to the other
jurors and put a stop to that nonsense. ^_^

TDD


Which would automatically result in a mistrial if the PA, DA or Judge
heard about you doing it.

Harry K
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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

On Jun 16, 4:51*pm, Oren wrote:
On Sun, 16 Jun 2013 18:35:00 -0500, The Daring Dufas









wrote:
On 6/16/2013 4:54 PM, Oren wrote:
On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:


He faces a maximum sentence of a year in county jail for each charge.


A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" *sentences.


A year for four convictions he can stay local is called "Concurrent"
sentences.


If I was on the jury, I would explain jury nullification to the other
jurors and put a stop to that nonsense. ^_^


TDD


I'm not called to jury duty, of late. I write on the paper "retired
LEO" or just never answer the jury summons"

If they lock me up, they have to feed me.


I used to get called, informed them I was an ex-CO. They must have
finally flagged my name on the rolls. Haven't had a call in over 15
years.

Harry K


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Default Man Stops Kids Vandalizing House —Now He Might Go To Jail

On Mon, 17 Jun 2013 07:24:55 -0700 (PDT), Harry K
wrote:

On Jun 16, 2:54*pm, Oren wrote:
On Sun, 16 Jun 2013 17:19:44 -0400, Metspitzer
wrote:

He faces a maximum sentence of a year in county jail for each charge.


A four year consecutive sentence conviction means he moves from county
jail to state prison. That long of a sentence is not conducive to
local agencies or local jails. Called a "box car" conviction. Lined up
behind each other. Finish one and start the other sentence.
""Consecutive" *sentences.

A year for four convictions he can stay local is called "Concurrent"
sentences.


You sure about that? I was a CO (read "jailer") for 15 years, We had
several instances of people sitting
out multiple misdemeanor offenses so they could get off the probation
rolls. The rule was that the sentence
must be one year or more for a felony offense before they were shipped
to the state. I don't recall _ever_ shipping'
a misdemeanant to the state no matter how many misdemeanor charges
there were.

Harry K


I do not know if " four charges of endangering the welfare of a child"
is a Felony or a misdemeanor in New York state. The article seems to
imply "misdemeanor"?

"The four boys face felony charges of second degree burglary and
second degree criminal mischief."
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