Wednesday, August 06, 2008

The penalty for kidnapping - UPDATED

UPDATED:

Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

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Weren't we hearing life sentence in Gundersen's case? I'm going to have to go back through the damn articles.
Yeah - here it is:
☛ TS Gundersen faces new charges of kidnapping, possessing a machine gun
* Kidnapping or carrying away someone for the purpose of committing rape. The charges stem from a March 7, 1999, incident in Humboldt County involving a second victim, and involved the use of a firearm. The offense carries a possible life sentence.

And that was for going from the living room to the bedroom in his own house, wasn't it?

Then we have today's news of a plea deal in a kidnapping case... with eight years. And this guy really did kidnap his vidtim:
The sentence was a result of a kidnapping, which took place March 28. Testimony during the trial indicated Estrada-Chavez forced a woman into her vehicle as she walked from her car. He then made her drive for more than an hour and a half through various locations in Manila, Trinidad and Blue Lake.


So which is it?

The question is asked in the thread below with the applicable code: Well, Estrada-Chavez was originally charged with a violation of 209(b)(1) - kidnaping to commit robbery, 211 - robbery, assault with a firearm. The sentence on the kidnaping for robbery alone is life in prison.

Penal code numbers
207 KIDNAPPING
207(b) KIDNAPPING A VICTIM UNDER 14 FOR SEXUAL ASSAULT
209(a) KIDNAPPING FOR RANSOM OR EXTORTION
209(b) KIDNAPPING FOR ROBBERY, SEXUAL ASSAULT
209.5 KIDNAPPING DURING THE COMMISSION OF A CARJACKING
210.5 FALSE IMPRISONMENT, USING PERSON AS SHIELD $100,000
211 ROBBERY - IN RESIDENCE
215 CARJACKING
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Here's 209 -
(a) Any person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away another person by any means whatsoever with intent to hold or detain, or who holds or etains, that person for ransom, reward or to commit extortion or to exact from another person any money or valuable thing, or any person who aids or abets any such act, is guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the state prison for life without possibility of parole in cases in which any person subjected to any such act suffers death or bodily harm, or is intentionally confined in a manner which exposes that person to a substantial likelihood of death, or shall be punished by imprisonment in the state prison for life with the possibility of parole in cases where no such person suffers death or bodily harm.
(b) (1) Any person who kidnaps or carries away any individual to commit robbery, rape, spousal rape, oral copulation, sodomy, or any violation of Section 264.1, 288, or 289, shall be punished by imprisonment in the state prison for life with the possibility of parole.
(2) This subdivision shall only apply if the movement of the victim is beyond that merely incidental to the commission of, and
increases the risk of harm to the victim over and above that necessarily present in, the intended underlying offense.
(c) In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.
(d) Subdivision (b) shall not be construed to supersede or affect Section 667.61. A person may be charged with a violation of subdivision (b) and Section 667.61. However, a person may not be punished under subdivision (b) and Section 667.61 for the same act that constitutes a violation of both subdivision (b) and Section 667.61.


UPDATED:

Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

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2 comments:

Anonymous said...

Hey Rose, didn’t you know that everything gets plea bargained away in that office other than the few losers that Paul thinks can get him mentioned in the press. There doesn’t have to be consistency.

Go after the unprovable cases and deal away the ones that matter. That is precisely why this place has turned into a hell hole where folks come to rape, rob, pillage and grow 92,000 plants at a time.

Anonymous said...

Too true. Can't wait until the 26th of August.