Monday, December 11, 2006

A question about PLEA BARGAINS

Last Wednesday, the 16-year old murderer Joaquin Angel Fitzgerald pled guilty to second degree murder of Tracy Daniel Reynolds.

He was charged with committing murder during the commission of a robbery, personal use of a firearm during a robbery, torture and cruelty to an animal. "Deputy District Attorney Allan Dollison said an agreement was reached that his other charges, including unrelated infractions, would be dropped if Fitzgerald pleaded guilty to second degree murder."

The charges against his sidekick, 15 year old Keyontae Lamar Taylor were dropped earlier in exchange for his testimony against Fitzgerald. Taylor was charged with murder during the commission of a robbery, committing robbery while vicariously armed, and with torture and cruelty to an animal.

"The two boys were accused of befriending Reynolds, 38, on the railroad tracks, drinking a few beers with him and then leaving and returning with a gun and robbing and killing Reynolds.

But before they killed him, “The investigation indicated that the victim was shot first in the leg. The painful character of that wound (was) intended to speed up his cooperation with the robbery,” Humboldt County Assistant District Attorney Wes Keat said in a previous interview with The Eureka Reporter." (Sixteen-year-old pleads guilty).

The complaints of torture and animal cruelty stem from incidents that allegedly happened prior to Reynolds’ killing, Keat said. Keat said the boys allegedly shot at cows in the area, killing one.

So you plea bargain two guys who committed premeditated murder, who shot the guy in the leg to make him give them his money before they killed him, and who tortured animals, shot cows for fun along the way.

He hasn't been sentenced yet, but had Fitzergerald been convicted of premeditated first degree murder he would have been looking at 25 years to life. Because he used a gun, he should have been looking at an additional 25 years to life - meaning he could have - and should have gotten a 50 year to life sentence...

Last Thursday, the Reggae Rapist accepted a deal from the Humboldt County District Attorney’s Office and pled guilty to sexual battery. (a non-strike)

"Ramon Roberto Klein, 28, of Daly City, was charged with assault with intent to commit mayhem or sex crimes, unlawful sexual penetration and unlawful possession of a specified controlled substance.

Klein also had two enhancements to his charges in that he has a prior strike for being convicted of making criminal threats in 2001 and serving a prior prison term. ...Per the agreement, Klein will be sentenced to four years in state prison and will have to register as a sex offender."


He'll be out in 2 years from the time he was first arrested - and "sexual battery" doesn't count as a strike. Had they tried him what he was initially charged with he was looking at 16+ years AND the strike.

No mention of who the prosecutor was.
Klein accepts deal from DA's Office

Earlier, three of four Whitethorn kidnapping/rape defendants were sentenced to three years of formal, supervised probation. Each of the defendants had many of the charges against them dropped as part of a deal with the Humboldt County District Attorney’s Office. Only Levi Garza, who pled guilty to kidnapping, false imprisonment and selling drugs was sentenced to eight years in prison, the longest penalty in a case that originally had four defendants facing life terms.

And, of course, there was Derek Bowman, with nine felonies and a handful of misdemeanor charges ...dismissed or suspended sentence on all of them in a single day. Given probation.

Is it enough that they are doing SOME time?

10 comments:

  1. There is no justice in Humboldt any longer. The results of the last four years are now raining down and this crap is all we can expect for a while. Not only that, after Gallegos finally has run the office into the ground, we are gonna have to deal with all these criminals getting out way to early and reoffending. Just as we are having to deal with the rest of them that were placed on probation because Paul and his lame ass deputies were too lazy and incompetent to do their jobs the first time.

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  2. I need to get this straight...All these"men" commit criminal acts, get arrested, charged correctly then have tea with P. and either walk or do very little time?? Hummm aren't these all criminal charges?
    Hell will freeze before P. gives up on PALCO and I do believe that that is a civil charge....So if your bad, really bad it's okay, but if your not bad and P and his handlers hate you....well to bad so sad. Do I have it right?
    D.

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  3. Just think of all the EFFORT that went into the PL case, the enormous PR effort, getting articles across the nation, the extensive fund-raising effort, the time and resources - not even one IOTA of effort went into taking these real criminals to trial.

    It doesn't look like one iota of effort is going into rebuilding Humboldt County's Victim Witness Program, Humboldt County's CAST Unit (the Child Abuse Services Team)...

    I'd be interested to know if any child abuse cases have made it to trial this YEAR. You can see what's happening with the murderers and rapists...

    Murderers, rapist, drug dealers... yougofree.com and pleabargainsRus

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  4. Ummm Rose? Is this the SAME Derek Bowman 25, arrested by HCSD for burglary??

    Its in the Times-Standard this morning...

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  5. I see that:
    Police beat (arrest list for Dec. 9
    TS Dec. 1, 2006 (page 3)

    Derk Wendell Bowman, 25, of Loleta, on a warrant for forgery

    So does this mean picked up for violating his probation on a previous charge - or a whole new charge?

    And, can Daddy buy him out of this one? Kinda doubt it.

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  6. It's a new offense, which will also violate his probation. So what?

    Even money he does 30 days swap, reinstated on probation, no
    jail time, no new conviction.

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  7. Anyone know when he goes before a judge the next time? I'd love to attend. Roy

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  8. Great idea, Roy.

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  9. Your analysis of this plea bargain mess confirms a discussion I had with a jurist who sometimes holds court in Humboldt County. He wondered about the DAs claims that the crime rate was falling-which seemed to be at odds with his own observations. So he did a little research and found out just about what you're reporting: charges over many incidents that could have led to the Three Strikes level all being plead out to violations of the paarole for first offence and let off with time served!!! UGLY

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  10. Derek Bowman Court Docket #CR062912S
    He was on formal probation for felony PC459/460(B) but having been recently arrested, he is scheduled for a probation hearing on 1/5/07. This is also known as sentencing. Gee, what will happen next? Tune in.

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