I don't understand this judge's ruling. Please help.

[Love the 1911]

Great thread

Merry Christmas

 

[level.eleven]

Great thread

Merry Christmas

I know. It would be awful is this arsonist started his, what...5th fire, in a family's home on Christmas Eve. Of course, he isn't being abused. So we got that going for us.

 

[Love the 1911]

What we've got going for us is the legal system working the way it works in all cases.

I know you feel it is a shame that a cop is given the same treatment as any American citizen in that a court issues the final punishment after input from all sides in a criminal trial.

I realize that since your opinion of the way this was handled is different than what the judge decided, the judge is obviously wrong.

I find it amazing that in a case where an officer was arrested and charged with setting fires (by other officers), we are still a bunch of worthless, self serving *******s that only look out for one another.

Again, Merry Christmas. Don't sleep too soundly though...there's an arsonist on the loose!

 

[level.eleven]

Again, Merry Christmas. Don't sleep too soundly though...there's an arsonist on the loose!

This much is true. Had he been a mechanic he would be in jail according to the judge. Instead, we have a serial arsonist on the streets because his safety is more important than mine.

 

[fireblade]

Again, Merry Christmas. Don't sleep too soundly though...there's an arsonist on the loose!

http://www.youtube.com/watch?v=iScCWS0jQfQ

 

[cobber]

Prosecution had to agree to it. They did.

A judge NEVER has to accept a plea agreement. Doesn't matter if the State and defendant both want it, the guy in the robe can reject it... It sounds like there was an open sentence as to placement and the judge rejected the State's request for DOC time.

If the State wants DOC time, it needs to put it in the plea. But then defendants don't take pleas, all these cases go to trial, and taxpayers foot the bill AND get called for jury duty. And often defendants get acquitted.

It's not a pretty picture.

 

[edporch]

Judge Grant "Unequal Protection Under law" Hawkins is part of the corruption that holds police LESS accountable for their crimes than the rest of us.
He's unfit to be a judge.

If I was the judge, I would've said to the defendant he should've thought about how prison would be for him BEFORE he committed the crime.

How many of us here if we were going to prison wouldn't be concerned about OUR safety?

 

[Kutnupe14]

I don't think that his safety was the main concern of the judge (though) admittedly it was a factor. Watching the vid, it's hinted on that this guy may have some serious mental issues. He's going to have to undergo a mental health evaluation, and he's has 6 years probation. Honestly, he's probably going to end up in jail anyway.

And if you think case like this end up with the arsonist going to prison, you'd be fooling the hell out of yourself. Given the amount of monetary damage and the fact no one was injured, most get less.

Edit: Btw, who's the the hot blonde with the short hair in the vid? Hubba hubba.

 

[edporch]

I don't think that his safety was the main concern of the judge (though) admittedly it was a factor. Watching the vid, it's hinted on that this guy may have some serious mental issues. He's going to have to undergo a mental health evaluation, ...
-Snip-

Even if this is true, he should still be sent to serve his sentence, and get promised "mental help" at prison like anybody else.
This story wreaks of special treatment.

I'm sick of seeing police officers held to a LOWER standard, when if anything, they should be held to a HIGHER standard because they enforce the laws.

And no, I'm not a 'cop hater" by any means, being that my grandfather was a Deputy Sheriff killed in a gunfight while making an arrest.

It's because of this, that when I see cases of criminal police officers getting special treatment, it spits on the sacrifices of officers who've given their lives for us.
And I am getting SICK of it!

 

[Kutnupe14]

Even if this is true, he should still be sent to serve his sentence, and get promised "mental help" at prison like anybody else.
This story wreaks of special treatment.

I'm sick of seeing police officers held to a LOWER standard, when if anything, they should be held to a HIGHER standard because they enforce the laws.

And no, I'm not a 'cop hater" by any means, being that my grandfather was a Deputy Sheriff killed in a gunfight while making an arrest.

It's because of this, that when I see cases of criminal police officers getting special treatment, it spits on the sacrifices of officers who've given their lives for us.
And I am getting SICK of it!

This story reeks of special treatment because the perp is a former cop.
Many outside of initial booking would never again see a jail cell after being convicted of a similar crime, Heck those that have done much more haven't received jails time,

For Example:

Woman gets probation for role in arson | The Portland Press Herald / Maine Sunday Telegram

Arsonist who caused $400K damage to 2 Mormon meetinghouses gets probation | Deseret News

So if your sick of "it," it's not the treatment of coppers, but people in general.

(let's not forget Kut worked as a probation officer for years and saw tons of "why the hell isn't this guy in jail" files pass across his desk)

 

[Mackey]

Ex-IMPD Officer Won't Go To Jail For Arsons - Indiana News Story - WRTV Indianapolis

... What about the safety of the public after allowing a convicted arsonist off with a slap on the wrist?

Well, he didn't exactly get a slap on the wrist. 21K and probation is no fun. I'd wonder what you would do to keep the public safe? Life? Capital punishment? The guy is messed up and even if he served, say, 3 years, he'd be back on the streets. He needs help. Good chance he'd pay with life or limb if he did time on these charges.

 

[Prometheus]

Perhaps a better question should be why are prisons in America so unsafe?

How can a judge sentence ANYONE to prison knowing it is so violent and rife with incompetent staff who cannot control the population of their charge?

Cruel and unusual. I would call Americas prison system cruel and unusual with the level of violence and rape that is ALLOWED to occur in the system.

Clean up the prisons and you can start housing cops and judges in them, just like everyone else.

 

[UncleMike]

Perhaps a better question should be why are prisons in America so unsafe?

How can a judge sentence ANYONE to prison knowing it is so violent and rife with incompetent staff who cannot control the population of their charge?

Cruel and unusual. I would call Americas prison system cruel and unusual with the level of violence and rape that is ALLOWED to occur in the system.

Clean up the prisons and you can start housing cops and judges in them, just like everyone else.

Prisons are unsafe because they're not allowed to chain the violent offenders to the wall like they used to.
The "Cruel and unusual" moniker now includes not being given ice cream on their birthdays, or not being allowed access to pornography...
The Liberal lawyers of America have screwed up the entire Judicial system!!!

 

[Denny347]

Interestingly, this is the same judge that ruled Bisard's blood tests inadmissible.

Well, inadmissible for DUI charge but admissible for the crim reck charges.

 

[Bunnykid68]

When I go to prison I just want my own cell that nobody is allowed into. I would want to be celibate, but that's just me.

 

[Denny347]

Ex-IMPD Officer Won't Go To Jail For Arsons - Indiana News Story - WRTV Indianapolis

A convicted arsonist is given probation because the judge feared for his safety in prison. What about the safety of the public after allowing a convicted arsonist off with a slap on the wrist?

And then there is this.

If Russell successfully completes his probation he can come back to the court and ask for alternative misdemeanor sentencing.

For arson? This man set fire to people's property and homes and has the chance to have it downgraded to a misdemeanor? I need help digesting this ruling.

If you want REAL answers you are going to have to ask Judge Hawkins. I arrest felons all the time that were convicted of many B felony armed robberies and burgaries who NEVER served time...even after 2 to 3 convictions. This is Marion County...sadly that is how we do it here. I know Jessie, I worked with him and we ate breakfast all the time together. I feel he should have probably done some time but again that is not unusual considering the city we are in.

 

[Bill of Rights]

Interestingly, this is the same judge that ruled Bisard's blood tests inadmissible.

The judge didn't have much of a choice. As of July 1, 2010, the law changed and specified where samples could be obtained legally.

IC 9-30-6-6
Chemical tests on blood, urine, or other bodily substance; disclosure of results; no privilege or liability; results admissible; limitation
...
(j) This subsection does not apply to a bodily substance sample taken at a licensed hospital (as defined in IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer may transport the person to a place where the sample may be obtained by any of the following persons who are trained in obtaining bodily substance samples and who have been engaged to obtain samples under this section:
(1) A physician holding an unlimited license to practice medicine or osteopathy.
(2) A registered nurse.
(3) A licensed practical nurse.
(4) An emergency medical technician-basic advanced (as defined in IC 16-18-2-112.5).
(5) An emergency medical technician-intermediate (as defined in IC 16-18-2-112.7).
(6) A paramedic (as defined in IC 16-18-2-266).

The law does not allow a phlebotomist to do this job outside of a hospital.
Had he ruled the sample admissible, it would just have been overturned on appeal.

Blame whoever lobbied to change that law, if you want to blame anyone.

Blessings,
Bill

 

[John Galt]

I arrest felons all the time that were convicted of many B felony armed robberies and burgaries who NEVER served time...even after 2 to 3 convictions. This is Marion County...sadly that is how we do it here.QUOTE]

For the Law to be respected, the Law must be respectable. I fear the time when people start taking the Law into their own hands due to the failure of those entrusted with enforcing the Law.

 

[hornadylnl]

This guy passes the psych eval to get hired?

 

[nicajack]

Our once great country is broken. No one in a position of power or authority is held accountable for any of their wrong doings. Congress just passed a bill declaring our constitution null and void. NDAA. Our congressmen are not punished with insider trading, They have exempted themselves from most all the laws they have passed in the last 30 years. Our presidential impostor is not likely eligable to even be president. The house banking committee, who caused almost single handedly caused the collapse of the economy. Our privately owned "Federal Reserve" has loaned who knows how many trillions of our dollars to their corrupt bankster friends. We are going to be held responsible for paying that debt! The ATFE is a corrupt jack booted bully, as is the FBI, CIA, add infinitum. They all lie under oath and create false evidence and destroy same to meet their needs. They will frame you in a heartbeat! Our military is used to increase the wealth of the wealthy elite, not for anything that would be acceptable to the people. We are justly hated by most of the rest of the world because of our meddling in every other country's affairs, almost always to their detriment. Our justice system is not about justice, it is solely to protect the powerful from being punished for their wrongdoings, and to take money from the people who earn it and give it to the government who, does not earn it. Our criminal justice is just that-CRIMINAL!!!!
Don't forget, it is the Indiana courts that declared that the people should not resist police who are committing a crime by not honoring your constitutional rights. Let them bully you in the name of the law!!!Not here!!!Just try that at my house....
Sorry about the rant, but I can go on on this subject for days.....Angry, fed up citizen. Ron Paul is the only valid candidate. I have taken the oath to my constitution and country twice and I meant every word....John