Quick background:
On 9-12-13 there was a theft of our electronics. I say our, because six boats at my marina were "hit".
On 12-20-13, trial was held and the defendant plead guilty and was given several weekends behind bars, and given 18 months probation, however, he was released for the first six months in order to work and pay restitution of $2600. If restitution was not paid, he was to go back in jail for the remaining 12 months of his sentence.
Fast forward to July 2014. His six months was up, and no restitution had been paid. I called the court system and spoke to the person who was supervising his case. I was informed that no restitution had been paid, however, the defendant claimed he was pursuing a job opportunity and could then pay us back.
I told the supervisor that's what was supposed to happen during the last 6 months.
August 2014: I called to see the status of this case (I'm like a dog with a bone). I know they hated to here from me every month. Still no restitution, but the defendant was due in for "counseling" the following week. I told them I would call back later.
September, October, November; I kept calling and getting some "story" about why he was still walking around. I eventually told the court supervisor that I was as disgusted with him, as I was with the defendant. I told him that he was "enabling" the defendant to "game" the system. I told him I expected that of the defendant, but that it was his job to see that the original sentence was carried out. The supervisor said that he was going to write an "unfavorable" report and send it to the judge.
December 2014; I am notified that another court date (Jan 6th 2015) had been set up for Violation of Probation.
Jan. 6th
Court case was set for 8:45 am. I slip and slide in my wife's Mazda Miata (sent her off to work in my "big ass truck" as she calls it) to court so I can speak with the prosecutor. My early arrival let me have a good discussion with the attorney.
We stepped out of the courtroom and into the hall, where I brought him up to speed on some of the aspects of the case.
I told him that I was sure that the defendants attorney was going to portray the defendant as some sort of victim. They always bring up an unhappy childhood, addiction to drugs or alcohol, or an unfavorable work environment as to reason why the defendants turned to crime.
I wanted the prosecutor and the judge to know that there was another viewpoint.
First:
At the original trial, the defendant had stolen enough electronics, and the monetary value was so high, that he was charged with a felony. The prosecutor asked us (the group of six) if we would consider reducing the charges from a felony to a misdemeanor. Because the defendant was young (22), we didn't want to saddle him with all the negatives that come from a felony conviction. So charges were reduced:roll eyes:
Second:
Although he stole many thousands of dollars of equipment, he was only required to pay restitution on a small portion of the value. Here's how that works. If he stole a fishfinder/gps worth $2000, and the insurance company reimbursed the owner $1500 (because there was a $500 deductible); the defendant was only required to pay the $500 deductible back to the owner
If he sold the unit for $1000, he made a $500 profit
Third:
The defendant violated his probation in July 2014, and in my viewpoint, he should have been either hauled back into court then, or been put in jail. He has been walking around for the past 6 months free as a bird. He was allowed to spend the Holidays with family and friends instead of being in jail.
Fourth:
I explained to the persecutor that we (the six) realized that as taxpayers, it would cost much more to incarcerate the defendant for his remaining 12 months (for a $2600 violation); however, we wanted a "message" sent to criminals "gaming" the system.
Fifth:
While we anticipated that the judge may consider "home detention" with an ankle bracelet; we supported incarceration.
So; take a minute to consider how you think the case turned out today. What do you think happened?
Results:
The defendant never showed up in court
The judge issued a bench warrant for his arrest, and a $2600 bond was placed upon his head. Now here is speculation on my part. I believe this means that he will be picked up, arrested, and allowed to pay 10% of the bond (or $260) and he will walk out of the courthouse free again until another trial is set up (probably 6-9 months from now).
This will put us into September 2015. Two years after he stole our equipment
Now remember back to what I said about how the system has lowered expectations. All morning, I watched the prosecutor and the defense attorneys make deals. I thought I was watching a game show on TV. Reduce charges, allow for "time served", postpone cases if defendants were in treatment or performing community service; all this being done in consideration of the defendant (not the victims).
The judge was about an hour late arriving because of the road conditions. I was considering asking the prosecutor if he wanted me to step up into the judges chair; but then I remembered why we were all sitting in the courtroom waiting for the judge to arrive. It bounces back to doing a crappy job getting the roads cleaned. Don't do an exceptional job; mediocre is the new standard
5th
Excellent!
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