Tuesday, June 12, 2007

Other News w Toomey update

The Rollins case:
New date set for murder retrial
***
The Toomey case:
- Plea may add more time to accused child molester's sentence

He's going to plead to more than he would have gotten if he was convicted on the original charges?

Update to the Toomey case:
Resolution to sex case reached; defendant must register as sex offender for life

Humboldt County Superior Court Judge Timothy Cissna granted an amended complaint Tuesday against Jacob Charles Toomey.

The amended complaint — a resolution to the case agreed upon by both the prosecution and defense on Monday — lists 10 charges instead of the initial three Toomey, 28, of Redway, had been charged with.

The new complaint, read aloud in court, charges Toomey with one count of a lewd and lascivious act against a child, age 14 or 15, when the perpetrator is more than 10 years older, and nine counts of unlawful sexual intercourse with a minor under 16, when the defendant is 21 or older.

Toomey pleaded guilty to the new charges in Cissna’s courtroom Tuesday.

The stipulated sentence, Cissna announced in court, consists of 12 years in prison.

Toomey will also have to register, for life, as a sex offender and pay restitution to the victim for all out-of-pocket expenses.

Such out-of-pocket expenses Cissna listed in court Tuesday include, but are not limited to, counseling, medical care and cost of delivery.


As long as he gets felony prison time, and not probation.

As I understand it - What he is charged with is known as a 'wobbler" meaning they can either be a misdemeanor or a felony. Unless he is sentenced to prison, even if he pleads to a felony, after he serves his sentence or probation, he lawfully petition the court to have his sentence reduced to a misdemeanor and then have it expunged, as if it never happened.

Correct me if I am wrong. It's complicated, and this stuff never gets explained, what these sentences really mean.

But, we'll find out more, I guess. Toomey will not be sentenced until June 20, by Humboldt County Superior Court Judge Christopher Wilson.

I'm curious what "cost of delivery" refers to. The obvious inference... geez.

other blog discussion: Well, if she was 14

Update 6/20/07:
ER Man sentenced to 12 years in molestation case, must register as sex offender
A Redway man will have to register as a sex offender for life as part of his sentence that was handed down Wednesday afternoon.

In addition to the lifetime sex registration, Jacob Charles Toomey, 28, was sentenced to 12 years in state prison Wednesday — the stipulated sentence per his plea agreement, confirmed Humboldt County Deputy District Attorney Jeffrey Schwartz.

36 comments:

Anonymous said...

Actually I heard that he could have, if the DA would prosecute the way he should, got 35 years for all the real charges. Although that's just hearsay.

Rose said...

That makes more sense. Though the plea deal hasn't been mentioned yet, just the possibilities. It's possible the deal could be far less.

Anonymous said...

IT BETTER NOT BE!!!

Anonymous said...

Hey the plea in the Toomey case is to non-strike offenses. It also allows him to be placed on probation. Way to go yougofree.com. Letting another sex offender off...are kids and our community are sooo safe with your incompetence. What message are you sending to these deviants? Do they have to kill them in order to get attention from the DA's office? Oh, no..the screwed up Applegate case shows all of us that it really doesn't matter at all.

Rose said...

Explain!

Anonymous said...

He's charged with a strike, probation ineligible. Jeffie is giving away the strike, and settling for a "statutory rape" case instead of lewd acts with a child under 14. He's claiming he can't prove it happened, even once, before she turned 14. I' sure he's also about to say that the victim and her family are in total agreement. What they agree on is probably that they have no confidence in the prosecutor. Of course, he's not about to try to prove this case, and by the way he just got the DA's policy regarding teenagers and CAST changed because
he thinks cases involving
teens are too easy for the defense. How would he know?Really, it's beyond pathetic.

Anonymous said...

Statutory rape? The rapist is 28! The kid is 14. Younger than Christopher Burgess. Where's the outrage?

Anonymous said...

The coverage of the abbreviated hearing sounds as if the detective had a pretty good handle on the age of the child, using markers such as where they lived, when they moved, what happened at what place, etc. The case would not have been charged as under 14 if there wasn't evidence for it, and it doesn't seem as if the detective's testimony was shaken at the prelim. But as noted elsewhere, this is an easy way for the prosecutor to avoid a trial.
And as been noted elsewhere,
any minute now we will hear that the victim and her family are "100%" happy.

Humboldt once had aggressive and competent prosecutors of child abuse cases. Humboldt chose to get rid of them. Now Humboldt has Jeff. Happy?

Anonymous said...

well, according to information that I have, he is going to prison for 12 years. Now he will only do 85 percent of that prison sentence, will come out on Parole and must register as a sex offender for life.

Now as I mentioned before, this compared to the true 35 years that he should have gotten is just a drop in the bucket. But it is better then the 6 year deal that was planned before he even set foot in a court room.

The bottom line is this. Yougofree must go free. He must be free'd from the DA's office along with his boss. I propose that the state attorney general be notified of this and let him come in and run this office to get it back on it's feet.

As for 0923 where are you getting your information. It does concern me greatly.

I'm thinking of moving this is rediculas.

Anonymous said...

http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=25053

There is an update to this case

Rose said...

Thanks! I have added it to the post.

Anonymous said...

lewd act with a child, age 14 or 15, when the perpetrator is more than 10 years older, PC288(c)(1), Is a FELONY. It is not a wobler so can not be expunged or lowered to a misdomeanor.

He will do time in prison, most likely 6.5 to 9 years. The other nine counts, unlawful sexual intercourse, PC261.5 (Commonly known as Statutory rape) is what is called a Wobbler, it is either a misdomeanor or Felony. In this case, PC 261.5(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with minor who is under 16 years of age is quilty of a misdemeanor or a femlony and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years,

So, for the 1 count of PC288(C)(1) he is getting he's getting 3 years in state prison. For for the additional 9 charges of PC261.5(d) he is getting 1 year state prison for a grand total of 12 years.

Now he will have to do, like I said, atleast half but probably 85 percent. Then have to register for the rest of his life as a pedophile.

Hope that answers your question Rose.

Rose said...

Thanks!

Anonymous said...

10:44 - you are incorrect. 288(c) is a wobbler and is either a felony or a misdemeanor as is the 261.5. Both can be reduced and expunged unless the guy goes to prison. Both are probation eligible offenses. Neither is a strike, neither is a serious felony. 12 years is the maximum time. And the time runs at 50%. Go look it up.

pc 288(c):Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.

261.5 (d):Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.

Anonymous said...

0809, your right, Rose I led you astray, 288(c)(1), is in fact a wobbler.

Now, if my source is correct, the deal, will send him to prison for 12 years. He will most likely get out in 6.5 (a little over 50% of the time) to 9 years, 85% time.

0809, where are you finding the 50% time>

Rose said...

Thanks, you guys. See, I don't think that anyone realizes just what all these plea bargains really mean. The idea that serious charges can then be reduced and expunged just a few years down the line is repugnant. Many of the cases we are seeing plea bargained are very serious offenses, and the idea that these guys can get their record cleaned thanks to Paul and yougofree.com - well, what can you say?

It's often said that the people got what they voted for - I don't think so. I don't think anyone KNEW that this was what they were getting. No one in their right mind would be FOR this.

But his campaign website is still up, calling him a "VISIONARY." One shudders to think what his "vision" is.

Anonymous said...

9:01 - it ain't 85 percent because it neither a 288(c) or 261.5 is a serious felony. I am getting 50% from the penal code. Who is your source that it is a 12 year stipulated prison sentence? That was not in the paper, is it someone in the DA's office? If so, whom?

Anonymous said...

It's not a strike, much less a violent one, so it's only 50%. Serious strikes are 80, violent are 85, everything else is 50. At 9 years 4 months for the original charges he would do about 80 months, or 6/8.
At 12 years 50% time he
does 6. So the people gain
NOTHING, for giving up a strike. But at least Jeff's weekends and vacation time
are cleared up. Again. As usual.

Anonymous said...

And as usual we're "100% satisfied". I hope he means the victim, not just the defense. Glenn Brown must be laughing himself sick.
I bet the defense REALLY misses the old team. Not.

Anonymous said...

0901, from the paper, http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=25053

"The stipulated sentence, Cissna announced in court, consists of 12 years in prison."

It's all there in the paper that the plea is a stipulated 12 year sentence.

That's my source.

And I figured that you were getting it from the penal code, but what section is all I was asking. I wanted to learn something that's the only reason I asked

Anonymous said...

The bottom line is that yougofree is afraid to go to trial

Anonymous said...

Why cant I ever get links to work in the comments???

0901, Here is the link again to the 12 year stipulated sentence.

http://www.eurekareporter.com/
ArticleDisplay.aspx?ArticleID=25053

you will have to copy and paste it.

Anonymous said...

11:01 - look at 1192.7, 2933.1 and 667.5. It is pretty easy, too bad yougo can't read.

Anonymous said...

thanks 1101. That's what I was looking for.

Anonymous said...

Too bad the judge didn't reject it.

Anonymous said...

Thats why they amended the complaint and dropped the 288. They got around the judge although the judge could have said no to the amendment and had them finish the preliminary hearing.

Anonymous said...

2:00, they didn't drop the 288.

If you read the paper he is being convicted of one count of PC288(c)(1) and 9 counts of PC261.5(d)

Anonymous said...

Oh god! - a 288(c) is not a strike ok. I just read the statutes in the post above and since it says that only lewd acts against children UNDER fourteen are strikes - they dropped the strike when they amended the complaint and took a plea to the new charge. The charge is not for a crime on a child under 14, but a crime against a child 14 or 15 years. This certainly isn't rocket science. Did you read it? If not, why? I am not trying to be condescending, but if you read the statutes that were posted, it would become pretty self evident.

Anonymous said...

thank god for findlaw.com - here are the serious felonies and 288(c) isn't there. Hope this helps. Seems like this settles the matter.

c) As used in this section, "serious felony" means any of the following:

(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 12034; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision.

Anonymous said...

so the "12 year stipulated sentence" is really a 6 year stipulated sentence, a little less than he would have gotten with the original charge, and Glenn
bluffed yougo out of the strike, which isn't hard, because Glenn knows yougo
never intends to go to trial, has to be cornered into it. Which has happened, what, once? twice?
Hey, I'm "100% satisfied too. Satisfied that the shamelessness level is off the freaking scale.

Anonymous said...

3:28, everyone keeps saying they "Dropped the 288" The didn't drop the 288 charge, they just aren't getting the under 13 section of PC288. They are getting the C section.

It isn't that hard but to read what is written and not read into it anymore then that.

Anonymous said...

Ok after reading all these posts this is my conclusion.

All Charges are wobblers.

All Charges, even though they are felonies right now can be reduced after he competes his sentence. Unless....

He goes to prison then they are not reducable (is this right)

We lost the strike because it changed from PC288.5 to PC288(c)(1).

She is 14 now, so they (Brown) convinced yougo that this was just a case of statutory rape (Hence the PC261.5).

I have some questions though.

1. When did she have the baby?
2. When was she Due?
3. When did she concieve?

Is there a chance that she concieved when she was 13?

Yougo is a moron. Hell at this rate, i think Brown should work for the DA

Anonymous said...

Why would a defense attorney plead his client out to 12 years (even at 50% credits) and 290 reg. for life if the alternative wasn't worse? That is, the defense attorney thought he would lose at trial even if Mr. Schwartz didn't.

Anonymous said...

He pled to 6=12 TO AVOID THE STRIKE. When knowledgable people refer to a 288, they mean the a or b counts, which are strikes. Defense lawyers like to avoid strikes, esp
for clients they EXPECT to
reoffend (like child molesters and rapists) because with one strike the
sentence for his next felony will be doubled and probation will be off the table.
Of course the defense knew he would lose. But he also knew Schwart would blink.

Anonymous said...

You watch, Gallegos will let these rapists go and then he will throw the book at some 18 year old guy with a 16 or 17 year old girlfriend.

Anonymous said...

There is an update:

http://www.eurekareporter.com/ArticleDisplay.aspx?
ArticleID=25361


Hmmm, looks like misdomeanor probation isn't an option. 12 years, be out in 6.5 be 290 registrant for life.

Victim and Victim mother are "Aware" not happy, but "Aware" of the plea this time LOL