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Teen turns down plea deal for 25 years in prison, gets 65 years instead

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posted on Apr, 10 2018 @ 04:05 PM
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originally posted by: Zimnydran
I see something wrong... If he killed someone, his life should be forfeit...... at the very least he should be forced to provide the victims family with the income lost with the taking of a life. Locked up, busting his butt 8 hours a day and sending the check off to the family as a reminder to himself.


He didn't kill anyone, didn't have a weapon etc... his buddy was shot by the police and he is tried for the murder of his buddy...lol




posted on Apr, 10 2018 @ 04:05 PM
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I guess I feel more sorry for the dead guy. If I was sentenced to 65 years in prison, I'd just kill myself. I don't see what joy I would get from life in prison.
edit on 10-4-2018 by Blue Shift because: (no reason given)



posted on Apr, 10 2018 @ 04:08 PM
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originally posted by: CornishCeltGuy
a reply to: TinySickTears

Interesting thoughts, cheers

It's actually quite difficult to get prison time in the UK, you really have to do something pretty bad.
We haven't got the prison spaces so short of cutting someones arm off, rape or murder it'll just be a lame fine which can be paid in installments.


its true though
this country is not big on second chances

all i have to say is good #ing luck trying to have a life after youve done 25-20 years for a felony.



posted on Apr, 10 2018 @ 04:08 PM
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a reply to: Xtrozero

I'm absolutely not a fan of mandatory anything when it comes to charges and sentencing.

I don't know enough about this, but if that's the only reason to get those 30 years, that's a pretty ignorant reason. But if there's more to it, it might be warranted.

That said, when there's a plea deal in front of you and you're looking at more than twice that, more consideration probably should have been given.

If this is the law, I just read it, and it seems like it would be relatively easy to prove--it certainly seems that no matter what one individual does during the course of a crime spree like this, if you conspired to do it with them, you are guilty by association, no matter what the other one does.

I don't agree with that type of a law, but as it stands, it sounds like he should have taken the plea deal.

ETA: It seems odd to me that he would be charged with murder, though, as that somehow implies that the officers murdered him instead of killed him in a justified shooting trying to protect their own life.

In any event, from your link:

Smith smiled and laughed through the sentencing, said C.J. Robinson, chief assistant district attorney. Smith flashed a broad smile March 14 as he was led out of the courtroom shortly after the verdicts were announced.

He'll have a lot of time to think about what he's so flippant about while in prison, I suppose.

edit on 10-4-2018 by SlapMonkey because: (no reason given)



posted on Apr, 10 2018 @ 04:08 PM
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a reply to: Xtrozero

since he was smiling in the court room after being sentenced, its pretty obvious he not as upset as you are. perhaps he knows something you dont



posted on Apr, 10 2018 @ 04:11 PM
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a reply to: fightzone58

at the very least hes guily of attempted murder of a police officer www.miamiherald.com...



posted on Apr, 10 2018 @ 04:12 PM
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a reply to: SlapMonkey

If that is the law the Kid should have been charged with Attempted murder of a Police officer , If the Officer fired in self defense there was no murder .



posted on Apr, 10 2018 @ 04:12 PM
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originally posted by: TinySickTears


its true though
this country is not big on second chances

all i have to say is good #ing luck trying to have a life after youve done 25-20 years for a felony.




Once you are in the system it is almost impossible to get out. Look at a DUI or domestic violence charge...they carry years of required actions that if you miss anything ever you start all over or get hammered harder.

DUI...miss an appointment and you lose your license, you get pulled over since you still need to work and now you go to jail...you lose your job, life family...ya the initial actions was stupid but there is no getting out alive...



posted on Apr, 10 2018 @ 04:14 PM
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a reply to: Gargoyle91

Yeah, that's what I just edited my comment to note. That part of it does seem odd. I guess they argued that since the defendant was part of the actions knowingly that led to the victim being killed, they're saying he's party to the killing.

But like you say, it shouldn't be murder unless the officer could be charged with it.

I hope that he appeals...it seems like there's some good merit to have such a murder conviction overturned, and it sounds like it should be.

It also sounds like he had a polished turd for a lawyer.



posted on Apr, 10 2018 @ 04:15 PM
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originally posted by: Xtrozero

originally posted by: Zimnydran
I see something wrong... If he killed someone, his life should be forfeit...... at the very least he should be forced to provide the victims family with the income lost with the taking of a life. Locked up, busting his butt 8 hours a day and sending the check off to the family as a reminder to himself.


He didn't kill anyone, didn't have a weapon etc... his buddy was shot by the police and he is tried for the murder of his buddy...lol

His buddy ran at police shooting. That means he attempted to murder a police officer, who was simply doing his job.

Maybe if more states had laws like this, people would think twice about such things. This kid undoubtedly knew his friend had a gun, and knew things could go wrong during a robbery. He therefore knew there was the possibility of someone being killed during the heist.

Am I the only one with little sympathy for this kid? The thug was even laughing after being sentenced, a slap in the face of the family of his dead friend.



posted on Apr, 10 2018 @ 04:15 PM
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a reply to: Xtrozero

Nope. Accomplice in the crime means you share the blame for everything that happens as a result of the crime. He played a part in getting his friend killed. End of story. Don't want this to happen to you? Don't hang out with people who inclined to shoot at cops.



posted on Apr, 10 2018 @ 04:16 PM
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a reply to: SlapMonkey

I think this is the pertinent code section.


He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under Section 26-15-3.1 , or any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.


ETA - basically if anybody is killed during the commission of or escape from one of those crimes, it's murder. I think there's potentially some wiggle room for an appeal based on who was killed and by whom, but I don't think that window is as open as it looks at first blush.
edit on 10-4-2018 by Shamrock6 because: (no reason given)



posted on Apr, 10 2018 @ 04:16 PM
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originally posted by: fightzone58
a reply to: Xtrozero

since he was smiling in the court room after being sentenced, its pretty obvious he not as upset as you are. perhaps he knows something you dont


Shock... Doesn't really understand... tough kid.. who will most likely live a life of being tenderize... Who knows...



posted on Apr, 10 2018 @ 04:17 PM
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a reply to: SlapMonkey

Fine. Then charge him with attempted murder of a police officer.



posted on Apr, 10 2018 @ 04:17 PM
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originally posted by: TinySickTears

originally posted by: CornishCeltGuy
a reply to: TinySickTears

Interesting thoughts, cheers

It's actually quite difficult to get prison time in the UK, you really have to do something pretty bad.
We haven't got the prison spaces so short of cutting someones arm off, rape or murder it'll just be a lame fine which can be paid in installments.


its true though
this country is not big on second chances

all i have to say is good #ing luck trying to have a life after youve done 25-20 years for a felony.



We have the Criminal offenders rehabilitation act which allows us to tell employers we have no criminal record after a period of time depending on the offence.
Certain jobs are exempt though like looking after vulnerable people etc.


The Rehabilitation of Offenders Act (ROA) allows most convictions and all cautions, reprimands and final warnings to be considered spent after a certain period. This period – known as the rehabilitation period – is determined by the sentence or disposal given, rather than by the type of offence. The ROA gives people with spent convictions, cautions, reprimands and final warnings the legal right not to disclose them when applying for most jobs, most courses and all insurance purposes.

I can legally say I have no convictions when applying for a regular job because my 'felonies' are legally considered 'spent'.



posted on Apr, 10 2018 @ 04:17 PM
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originally posted by: Shamrock6
I think this is the pertinent code section.

That's the old "Birds of a Feather Flock Together" code.



posted on Apr, 10 2018 @ 04:20 PM
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originally posted by: nightbringr


Am I the only one with little sympathy for this kid? The thug was even laughing after being sentenced, a slap in the face of the family of his dead friend.


I have no sympathy for him. I'm thinking as I said before what do you do if you get pulled over for a speeding ticket and get 5 counts of attempted murder added on top since lets say there were four of you in the car and the cop also needed to speed to catch you. You risked everyone's life for that 5 mile per hour over the speed limit...


edit on 10-4-2018 by Xtrozero because: (no reason given)



posted on Apr, 10 2018 @ 04:21 PM
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This isn't new, if you commit a violent felony and someone dies during the commission of that crime all parties are charged for the death. Play stupid games win stupid prizes.

That's why its a bad idea to roll with the homies and commit violent crimes...never know,who will do something like this in the heat of it. Maybe he knew his homie was carrying the gun maybe not...no one said being a criminal was risk free...those are the risks. Wonder where his parents were and what kind of people they were? I feel like if anything there should be some blame there too.



posted on Apr, 10 2018 @ 04:23 PM
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a reply to: Xtrozero

That law is just insanity...


I mean the law that says if we rob a bank together, and the cops kill you. They can charge me with your murder..


Even if the friend killed a cop , I personally would want some kinda evidence the accomplices were ok with shooting police or witnesses..

For example..

Say you planned a robbery where no one was supposed to be there, and none of the robbers were supposed to bring guns..


Then a witness pops up and a robberpulls a gun no one knew he had and shootings the witness..

I don’t think it is “Justice “ to charge the whole group with murder..



posted on Apr, 10 2018 @ 04:24 PM
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a reply to: Shamrock6

Maybe.

Possibly.

Even still, then it wasn't exactly the furtherance of the crimes nor the flight therefrom that caused the death, it was the individual choice of the kid who was killed that decided to pull and point a revolver at a LEO.

The cause of death was that individual pulling a firearm.

This kid in the story did not cause the death, simply because he was part of the group committing robbery...at least not as the elements of Criminal Code § 13A-6-2 (a)(3) reads. It specifically says that the accused must be the one that causes the death of any person.




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