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#1
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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 |
#2
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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. |
#3
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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 |
#4
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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 |
#5
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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. |
#6
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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." |
#7
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Man Stops Kids Vandalizing House —Now He Might Go To Jail
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#8
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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 |
#9
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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 |
#10
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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 |
#11
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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. |
#12
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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 |
#13
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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 |
#14
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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 |
#15
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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 |
#16
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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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