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I spent part of the afternoon sitting in a courtroom...

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70salesguy

Only 99 easy payments!
I spent part of my Friday afternoon sitting in the back of a courtroom in the County courthouse. I was there to see a criminal receive his sentence.

I all started back in October of last year. I live in a nice, quiet and somewhat isolated community with a total of 19 homes. I have my office in the basement of my home and was going to work in the office this day. About 0915, I decided to walk up to the mailbox and get the morning papers. Just as I opened my front door to head out, I heard the sound of a siren like that of a burglar alarm go off. It sounded to me like it was towards the right side of my home. I have a neighbor on the right side that we shall call the "Smith family". Very nice people who maintain their property very well and who own and run a mid-sized industrial concern in this town.

As I was planning to work in my office today, I am dressed in shorts and a t-shirt and a pair of slippers for my trip to the mailbox. On any other day, I would be fully dressed with my usual khaki pants, knit shirt and shoes. I normally would have my keys in my pocket as well. After I heard the siren, I walked towards the right side of my property to determine for sure that the neighbor's house was the source of the alarm. There is a small section of "natural" area including trees between our properties. I noticed a car that "didn't belong" parked in back of their house, but no others. At this point I am thinking 2 thoughts, one is that I should try to get the tag number of this car and the second is to then call the County Police (We have an excellent County Police department where I live)!

At this point, a man comes out the front door and heads around to the rear of the house via the circular driveway, which brings him towards me. It must have taken him a few seconds to notice me (I'm sure that I looked just like a fat tree)! When he does notice me, he raises his arm, points a semi-automatic pistol at me and says "turn around and go back in the house or you're a dead man!:yikes:

So, of course I turn around and head back into the house. But right beside my front door, I keep a semi-automatic shotgun, just for those pesky Fuller Brush salesmen, you understand. I grab the shotgun and head back out. As I approach the corner of my house, I carefully peek around to determine where the burglar is. He has just shut the door of his vehicle and is starting the vehicle. My goal now is to get the tag number. I'm trying to close the distance between me and the vehicle to see the tag as he starts to back up. Just as he starts to pull off in a forward direction, I realize I still can't read the tag number, and he drives away.

At this point I run back into the house to call the police. This I did and then took the cordless phone as well as the shotgun back outside with me, in order that I could watch the house. This was in case he had left an "accomplice" behind. It was no more than 2 or 3 minutes before the first County Police car arrived. At this point I put the shotgun down, leaned it up against a tree and identified myself to the County Police Officer. Within another minute, 2 additional cars arrived. One officer went around to the rear of the house as the other two officers searched the house. After they cleared the house, they quickly wrote down my description of the burglar and his car and then put out an alert to all other units as well as the Sheriff's Department and the City Police Department for the city that I live just south of.

At this point, I called my neighbors at their place of business to inform them and was told by their receptionist that they were already on the way. After they arrive and I was able to "calm down" a little, they went through their house and determined that only one thing appeared to be missing, and that was a jewelry box that belonged to their college age daughter. Of course, there were reports to be filled out. The County Police Officers were very courteous and helpful, and while we were filling out the reports, a call came in about another alarm at a house within a few miles of where we are. One ot the officers remained while the other 2 quickly left to respond to the call.

I had a pretty good look at the burglar and the car, and the officer felt that they would apprehend the suspect quickly. Sure enough, the following Thursday, he was caught. The scenario was simular to mine, a neighbor heard the alarm, saw the suspect and called the County Police.

As it turns out, he was charged with about 15 counts of B&E as well as possession of a firearm by a felon, and the requisite charges from threatening me with the firearm.

I met with the County Police later to "firm up" the charges and then was contacted by the District Attorney's office (D.A.). A young woman named Cynthia was assigned to this case. She was doggedly determined to prosecute this case since she had a witness that was also determined to see him behind bars!

It turns out the burglar, who is 44, was from a somewhat well-to-do family. His father was the VP of a large local textile company and his brother is also a successful businessman. This man, we'll call him JP, was married and had a son and daughter. It turns out that the owners of my local UPS Store go to church with his ex-wife and children! The couple had divorced and he developed a substance abuse problem that led to his "crime spree".

Cynthia kept me informed about the progress of the case, and as the "victim" of the most serious charge, she was glad to have me so interested in the case.

It finally came down to the decision to accept a plea bargain in the case. We both agreed that we could get him enough time in prison without a jury trial. This week, his public defender (P.D.) proposed that he would take several years active sentence which includes a state Dept. of Corrections program to deal with his alcohol and drug abuse issues, and receive 5 years of active and intensive probation. If he commits any crime during the 5 years, he will serve the remaining years of the sentences. We agreed to 36 months active, 60 months probation and 84 to 120 months additional sentence to be served if probation was violated.

Cynthia called me Thursday night about this and we decided this would be our offer. If they didn't agree, we were ready to go to trial. I decided to give the offender (J.P.) one last chance to "get clean" and return to the life that he once led. Cynthia felt like it was a near 100% chance that he would violate probation and have to serve the remaining sentences. I told her that I could feel good about him serving some active sentence and getting help for his problems, then having a chance to "get clean and straight".

His sentencing was scheduled for 1400 hours yesterday, and I was in the courtroom. Other cases were there to be sentenced before him, and his case didn't come up until about 1530 hours. When his case came up, he was led into the courtroom in his orange jumpsuit. The case was laid out and then the plea bargain was presented to the judge. He was a little skeptical about J.P.'s ability to stay clean for 60 months and advised J.P. to take more active sentence up front and less later in the event he violated probation. J.P. stated that he really believed that with the help of the D.O.C. treatment program and work release program, that he could turn his life around. He apologized to his "victims" and stated how he had been a productive citizen until such time as he developed a substance abuse problem. He said that he really thought he could do it and asked the Judge to allow him this sentence.

The Judge agreed to allow this sentence and it ended up that he got 39-48 months active sentence, D.O.C. treatment program, work release (if he qualifies). 60 months active intensive supervision probation with extensive restrictions, and 88-132 months sentence suspended only upon successful completion of the 60 months probation. The range of months is because the sentence is actually not less than 88 months and not more than 132 months. This means if he behaves himself in prison, he would serve 88 and if his has infractions, he will serve no more than 132.

Currently in NC, there is no parole. A 39 month sentence means 39 months.

The sentence was pronounced and he was led off to jail, and to be transferred from the county jail to a state prison.

Did we do the right thing? Both for him and society in general?

I would curious to hear your serious thoughts about this. :scratch2:
 
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YES! I believe his obviusly complete inability to lead any Normal life is over. His crime spree which involved you and I am sure others would not have ended had you not interveened and they had not caught him. This could have most certainly turned out much worse if on any given day he had not gotten his (fix) he may have shot and or killed someone in the process of robbibg another home. His sentence is Light compared to some I have seen and perhaps (if his time inside) doesn`t completely drive him over the edge maybe he has a chance to recover and retun to society. IMHO you did the absolutely correct thing!
 
you should buy a SPAS 12 :thmbsp:

fa_sg_spas12_1.jpg
 
You can't just let an armed guy go around breaking into peoples houses,Yes!you did what was right.
I do feel prison is the wrong place for him at this time.
Prisons make people more violent, Out of need to survive.They also educate crimanals to be more effective crimanals once they get out.
Our prison system is very flawed right now and needs a major overhaul.
I think this man is saveable,and should be getting counsaling both for drugs and what makes him need them,He would also benifit from spiritul help.
I hope he turns his life around,and I'm glad you did not assume room temp.A guy on drugs with a gun in a volital situation is very dangerous.
 
I think that you should have your shotgun taken away from you.

Why would you jump to this thought, and why not think the burglar should have had his hand blown off for pointing a gun irresponsibly? Just food for thought...


As far as the burglar goes, 39 months is probably long enough to rid him of the drug problem, and to remind him that acting irresponsibly with his gun, will land him in prison for a LONG time as opposed to maybe a year in county jail for burglary alone, and he deserves more than the 39 months for threatening MY gun rightsk, and sparking sentiments among the public such as that which I quote above. :no: .... And I think I'll move to North Carolina if they still favor the citizen over the criminal there!

Now about firing a marking shot at the car: In my personal opinion that wasn't so good; no offense. My master rule on gun use is that it doesn't get drawn until my life or one around me is in immediate threat. If I draw, it's (God forbid the need) to be fired at a criminal to stop him from hurting/killing myself or someone near me. Never to warn or threaten. That's what the "other guns" are for... (see bodybuilding).

Charles
 
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Indeed, you did the right thing, 70!
So many people today will not get involved in giving their accounts of seeing a crime being committed. I would not have grabbed my gun unless, I or one of my family member's lives were threatened.

In a lot of communities, the absurd "Stop Snitchin" mantra has many people terrified of being harassed or killed if they tell local authorities of a crime they are a witness to.
I applaud you in doing your civic duty to get the criminal off the streets.

Rome
 
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I don't have any complaints about the handling of the incident other than the firing of a shotgun at a fleeing vehicle. If someone in my neighborhood did this, I would be freaking irate and talking to the police about what my options were in going after the neighbor. It was completely irresponsible behavior.
 
I can't say if you did the right thing or not but what you did is probably what I would have done. I believe in giving people a second chance. Just curious if you had to testify at a pre-trial.

I was once in a similar situation with some scum bag I didn't know pressing a loaded .38 against the back of my head. I can say without hesitation that was the worse feeling I've ever had and I thought he was going to kill me. They caught the guy and he served several years in prison.
 
I don't have any complaints about the handling of the incident other than the firing of a shotgun at a fleeing vehicle. If someone in my neighborhood did this, I would be freaking irate and talking to the police about what my options were in going after the neighbor. It was completely irresponsible behavior.

QFT.

And, from the Moderator part of me- like every other gun-related topic that people toss out here, there's no way this thread is going to survive the afternoon.
 
Let's focus on the real issue!

QFT.

And, from the Moderator part of me- like every other gun-related topic that people toss out here, there's no way this thread is going to survive the afternoon.

I have removed the portion of the post that evidently offends those who don't agree with the second amendment, in an effort to extend the life of this post.

The focus of the post and the question remains, did we (the prosecutor and I) do the right thing?
 
I have removed the portion of the post that evidently offends those who don't agree with the second amendment, in an effort to extend the life of this post.

The focus of the post and the question remains, did we (the prosecutor and I) do the right thing?
I don't think his comment had anything to do with the second amendment. :no:
 
Guns, religion, abortion, etc.... People have strong opinions about these subjects as well as a few others.

It takes something personal to change their minds.

Around here there was a small country store that was purchased by someone from a big city as they wanted to get away from all that came with big city living (crime, fear, etc).

The country store was a state game check station and the new owner kept this but was very anti gun, anti hunting and not afraid to express her opinion to all who checked their deer at her location.

It took her hitting a deer and having it come up the hood of her car and into the driving compartment, landing on her young daughter to changer her mind.

Now she greets hunters with the mantra "kill em all"

+++++++++++++++++++++++++++++++++++++++++

To bring this back on to your topic.

1) The sentencewas a fair one. The person should be given the opportunity to think about what they did and try to change. Whether they will change is up to them.

2) Discharging a firearm at an occupied vehicle when your life was NOT in danger was just plain stupid. The risk to others by either stray shot or even the vehicle going out of control and into one of your neighbors homes was not worth the risk. I think that you should have just let them drive away. Everything else you did was excellent
 
Sounds to me like everyone did the right thing, other than the perp who was pointing a pistol at you, threatening to kill you, and apparently breaking into every house in town.

So he's going to do a little time? Too bad ,so sad.

But he asked for it, and he got it. I'd try not to let bother me a great deal,
Chas
 
2nd Moderator's Note:

This thread is circling the bowl at Mach 2. Many of the comments submitted are intrinsically linked to political hot topics, and such topics are not fodder for discussion here at AK. Any more of those, and the thread is gone.
 
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