Month: June 2008

Asinine prosecuting in Stafford County: Guy gets more time for a failure to appear (when he was in jail in another jurisdiction) than for four theft related charges.

Read every sentence twice to fully understand this stupidty. From The Free Lance–Star:

Marcus Duane Simms thought he had a valid reason for not showing up in Stafford Circuit Court twice in January.

He was in jail in Norfolk.

Unfortunately for Simms, a Stafford County jury–and state law–disagreed.

This jury, in this case, is completely stupid. More on the state law below.

The jury recommended that Simms, 21, serve a year in prison after convicting him of two counts of failing to appear in court.

People get less time for dealing drugs for crying out loud!

Sources said that before taking his case to the jury, Simms rejected a deal in which he would have served two days in exchange for his guilty pleas.

As would I.

According to the evidence and court records, Simms was arrested in Stafford last year on four theft-related charges.

As I wouldn’t.

He was supposed to appear for trials on Jan. 8 and 24, but he did not because he was locked up in Norfolk on charges he picked up while free on bond.

Prosecutor Michael Hardiman said that under state law, being in state custody does not excuse a defendant from missing court. He said that Simms’ was required to be on good behavior while on bond.

Mr. Prosecutor Guy: You’re not the most up-to-date on the intent of state law are you?: § 19.2-128:

A. Whoever, having been released pursuant to this chapter or § 19.2-319 or on a summons pursuant to § 19.2-73 or § 19.2-74, willfully fails to appear before any court or judicial officer as required, shall, after notice to all interested parties, incur a forfeiture of any security which may have been given or pledged for his release, unless one of the parties can show good cause for excusing the absence, or unless the court, in its sound discretion, shall determine that neither the interests of justice nor the power of the court to conduct orderly proceedings will be served by such forfeiture.

B. Any person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required shall be guilty of a Class 6 felony.

C. Any person (i) charged with a misdemeanor offense or (ii) convicted of a misdemeanor offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required shall be guilty of a Class 1 misdemeanor.

Anyone with an ounce of sense (something a Stafford County prosecutor and jury apparently lack) would see that the condition in subsection A should also apply to subsections B and C.

In addition, note the inclusion of the words “willfully fails to appear”.

As for being on good behavior: This is completely and utterly irrelevant to Simms’s failure to appear charges. If he violated the terms of his bond, he should have been show caused and have had bond revoked in Stafford County (which occurred). The fact the violated the terms of his bond has absolutely no bearing on his failure to appear charges.

Defense attorney Denise Rafferty agreed that the law was against Simms, but she asked the jury to use its common sense and recognize that Simms could not have been in court those days.

Common sense ain’t so common.

She pointed out that he had shown up for other court appearances in Stafford, including his arraignment and a preliminary hearing.

Simms ended up pleading guilty to receiving stolen property in Stafford and got a suspended three-year sentence.

I’m sure the people that had stuff stolen from them appreciate the fact that the guy is going to get more time in jail for annoying a prosecutor and a judge, than for stealing their stuff.

Simms pleaded guilty in April in Norfolk Circuit Court to charges of eluding police and hit and run. He will be sentenced on those charges later this month.

His sentencing on yesterday’s convictions is set for Aug. 25 in Stafford Circuit Court. The judge could reduce his one-year sentence but cannot increase it.

Two Murder Suspects Arrested

From the Caroline County Sheriff’s Office:

Two suspects have been arrested following extensive investigative efforts by the Caroline County Sheriff’s Office.  Following the investigation of a homicide, which occurred on May 7, 2007 on New Baltimore Road, Deon Alexander Terrell, 19 of Dawn and Lashawn Montque Monroe, 23 of Ruther Glen were arrested on June 9, 2008 and charged with the following:

Deon Alexander Terrell:

  1. 1st Degree Murder
  2. Use of a Firearm in the Commission of a Felony
  3. Robbery
  4. Conspire to Commit Robbery

Lashawn Montque Monroe:

  1. Capital Murder
  2. Use of a Firearm in the Commission of a Felony
  3. Robbery
  4. Conspire to Commit Robbery

Both Suspects are being held without bond at the Pamunkey Regional Jail and a court date of June 11, 2008 has been scheduled.

No further information will be released at this time.

Hydroponics grow house raided in Lake Land’Or.

On May 4, 2008 the Caroline Sheriff’s Office Narcotics Investigators assisted the Virginia State Police with the seizure of a Major Marijuana Grow house located in Caroline County. During the late hours of the night the two agencies executed a search warrant at 201 Marday Drive, Ruther Glen, VA. (Located in Lake Land’ Or) The search revealed approximately $50,000.00 worth of hydroponics marijuana (“Hydro”) inside the home. Investigator located a grow area in a hidden room with a false door in the basement of the home. The grow area was setup up with water purification systems, ventilation, humidifiers, and special lighting for optimum growth. The system was operated with timers to control lighting and the watering of the plants. The home was armed with a video surveillance system with cameras and alarms on all entry points of the home. Investigators arrested Michael E. Park 27, of Fairfax as the only operator of the Grow Operation. The home was owned by Park’s girlfriend and was used strictly for the growing of Marijuana. Park was held without bond and is awaiting trial, according to Sergeant A. W. Lambert.

Sheriff Tony Lippa said, “This is yet another successful operation thanks to those citizens of Caroline County who continue to support their Sheriff’s Office by providing helpful information and assistance. If any citizen would like to provide information to the Sheriff’s Office regarding illegal activity they can the Sheriff’s Office tip line at (804) 633-1133. Callers may remain anonymous if they wish.”

Weekly News Media Briefs – Week Ending June 7, 2008

On May 29, 2008, Investigator S.L. Call received a call in reference to a sexual battery of a 13 year old. After investigating, a 41year old adult male from Ruther Glen was charged with Aggravated Sexual Battery, Taking Indecent Liberties with a Child and Contributing. He was arrested by Deputy W.M. Jones on June 5, 2008 and was held without bond and scheduled to appear in court on June 5, 2008.

On June 1, 2008, Deputy P.E. Ford stopped a vehicle for speeding. After further investigation, Hector M. Ramirez, 32 of Montross was charged with Driving Under the Influence of Alcohol. He was ordered held under a $2,500 bond and a court date June 4, 2008 was set.

On June 2, 2008, Deputy M.J. O’Connor responded to a domestic call in Bowling Green. After investigating, Tonya L. Banks, 26 of Bowling Green was charged with Domestic Assault. She was ordered held under a $1,000 bond and a court date of June 10, 2008 was set.

On June 2, 2008, Deputy C.A. Heywood responded to an assault call in Woodford. After investigating, Hiroko O. Hughes, 67 of Woodford was charged with Unlawful Wounding. She was held on a $2500 secured bond and a court date of June 8, 2008 was set. Additionally, Patricia M. Madison, 33 of Woodford was charged with assault and Battery and released on a summons. Her court date is set for June 11, 2008

On June 6, 2008, Deputy T.J. Ketchem responded to the Mr. Fuel Truck Stop for a report of a fraud. After investigating, Kevin M. Turner, 21 of Ruther Glen was charged with Fraud, greater than $200.00. He was ordered held without bond and a Court date of June 6, 2008 was set.

On June 6, 2008, Deputy C.A. Heywood responded to Port Royal for a trespassing call. After investigating, James E. Loving, 56 of Sparta was arrested for being Drunk in Public. He was released on a Personal Recognizance bond and a court date of July 9, 2008 was set.

On June 6, 2008, Deputy J.O Cecil responded for a disorderly subject in the Carmel Church area. After investigating, Kathryn Taylor, 43 of Ruther Glen was charged with Possession of Cocaine. She was held on a $2,500 secured bond and a court date of June 11, 2008 was set.

On June 7, 2008, Deputy B.N. Doucet responded to a possible Breaking and Entering in the Ruther Glen area. After investigating, Anthony S. Patterson, 48 of Ruther Glen was charged with being Drunk in Public. He was released on his own recognizance and a court date of July 18, 2008 was set.

On June 7, 2008, Deputy W.D. Lipscomb stopped a vehicle for a traffic violation. Upon further investigation, a passenger in the vehicle, Anthony D. Moore, 23 of Richmond was arrested and charged with Distribution of a Schedule II Controlled Substance. He was held on a $3500 secured bond and a court date of July 11, 2008 was set.

On June 7, 2008, Deputy P.H. Blasiol responded to the Virginia Bazaar for a shoplifting call. Upon Investigation, Marcus J. Irish, 22 of Fredericksburg was charged with Shoplifting. He was held on a $1500 secured bond and a court date of June 11, 2008 was set.

Caroline County Sheriff’s Office Wrap Up

According to Sheriff Tony Lippa, Caroline Deputies made 2 drug arrests, 3 DUI arrests, 15 domestic violence arrests, and 66 other criminal arrests during the past week. The deputies served 248 civil papers, issued 210 traffic summonses, handled 8 motor vehicle crashes, responded to 38 alarm calls, and dealt with 18 juvenile offenders. The Sheriff’s Office Communications Center dispatched 613 calls for service and handled 2,024 telephone inquiries. The CCSO also logged 32 calls assisting outside agencies and had 259 self initiated calls.

Drug Dealer Convicted in U. S. Federal Court

On June 3, 2008, the Caroline County Sheriff’s Office Narcotics Investigators appeared before a jury trial in the United States Eastern District Court in order to testify in the drug distribution case United States vs. Saeed Abdul Muhammad. The Caroline Narcotics Investigators testified to arresting Muhammad on February 27, 2008 after a three month investigation. The investigation involved several purchases of large amounts of crack cocaine from Muhammad in the Perimeter Road area of Caroline County and Muhammad’s home in Spotsylvania County. Investigators further testified that when they moved in to make the arrest, Muhammad attempted to get away by running but was caught a short distance from his vehicle and was found to have in his possession what was believed to be cocaine, worth approximately $6,000.00 and $2,000.00 in cash. After the testimony of the Narcotics Investigators was completed, the jury deliberated for less than one hour and returned with guilty verdicts on all charges.

Roderick Young, The Assistant United States Attorney prosecuting the case stated that these guilty verdicts call for a mandatory sentence of life in prison which may not be reduced or suspended. A formal sentencing date has been set for August 25, 2008.

Caroline County Sheriff Tony Lippa stated, “The citizens of Caroline County who continue to support our efforts in curtailing the illegal drug activity by providing our Investigators with valuable information is a primary factor that leads to arresting the perpetrators. The motivation, determination, and plain good police work on the part of our Investigators along with valuable training by the Drug Enforcement Agency leads to a conviction. Together we can make a difference and will continue to do so.”

Another drug dealer arrested in Caroline County!

This time in Cedar Ridge Trailer Park:

On June 4, 2008, Caroline County Sheriff’s Office, Sheriff’s Emergency Response Team (SERT) executed a search warrant at the home of Timothy Johnson in Cedar Ridge Trailer Park located in the Woodford section of the county. Caroline County Sheriff’s Office Investigators obtained the warrant after conducting an undercover operation in which Investigators purchased suspected cocaine and marijuana from Johnson in his home on several occasions. As a result of the search warrant, Sheriff’s Office personnel located $1,500.00 worth of suspected marijuana, $4,000.00 worth of suspected cocaine, two shotguns, one semi-automatic handgun, several prescription pills, several smoking devices, weighing scales and over $1500.00 in United States currency.

Investigators also seized the vehicle Johnson was driving at the time of his arrest. Johnson has been charged with distribution of cocaine following execution of the search warrant. More charges are pending.

Sheriff Tony Lippa said, “This is yet another successful operation thanks to those citizens of Caroline County who continue to support their Sheriff’s Office by providing helpful information and assistance. If any citizen would like to provide information to the Sheriff’s Office regarding illegal activity they can the Sheriff’s Office tip line at (804) 633-1133. Callers may remain anonymous if they wish.”

Adrian Fenty, Cathy Lanier, Interim AG Peter Nickles Resignation Watch, Day 1: Neighborhood checkpoints previously ruled unconstitutional.

Subtitle: “Constitutional rights? What are those? …Seriously?”

I could also count up the number of days from about at least nine months ago but I’m too lazy.

From my new favorite source of news, The Examiner:

Nearly two decades before Mayor Adrian Fenty’s attempt to quarantine dangerous neighborhoods, D.C.’s appellate court said no way to a police cordon planned for the same area.

In a 1991 decision, the D.C. Court of Appeals — the highest court of review for local government — ruled that a checkpoint on Montello Avenue violated the civil rights of two men who were arrested at barricades.

“The purported deterrence rationale for the … roadblock … was addressed to problems of general law enforcement, namely deterring drug traffic and violence,” Chief Judge Judith W. Rogers wrote for the court. Referring to citizens’ rights against unlawful search and seizure, Rogers determined: “Such a justification is antithetical to the Fourth Amendment.”

[…]

Galberth [the appellant] contended on appeal that his rights were violated because the Supreme Court has held that police must have a specific reason to throw up roadblocks. Rogers and her fellows agreed.

District Councilman Phil Mendelson, D-at large, said the Galberth case was eerily similar to what the Fenty administration is now doing.

“You can’t be any more exact as to the facts. It’s practically the same intersection and the same purposes. And the court said it’s unconstitutional,” Mendelson said.

Mendelson has scheduled hearings for next week on human rights abuses by D.C.’s leaders. Roadblocks “are not an effective way to fight crime,” he said.

Interim Attorney General Peter Nickles, the architect of the checkpoint program, said, “I looked at that case. We do not feel those cases are dispositive.” As for the checkpoint program, Nickles said, “Thus far it has been a great success.”

Kristopher Baumann, chair of the D.C. police union, disagreed. “You simply have to drive a block out of your way to do whatever it is you wanted to do,” Baumann said of the checkpoints, which he called “deeply disturbing.”

Lashawn Montque Monroe charged with capital murder.

The Free Lance–Star:

Two of the Caroline County men charged with killing a 16-year-old boy last year at a birthday party are now accused of a second slaying.

The Caroline County Sheriff’s Office charged Lashawn Montque Monroe, 23, with capital murder last night, and Deon Alexander Terrell, 19, with first degree murder, said Caroline County Commonwealth’s Attorney Tony Spencer.

The charges came more than a year after the body of 23-year-old Miguel D. Vasquez was found on the side of New Baltimore Road in Caroline.

Sheriff Tony Lippa said at that time that police first believed the killing to be a hit and run, but Vasquez’s body was later found to have multiple gunshot wounds, including one in the upper chest.

Spencer said Monroe’s charge is capital murder because Vasquez is believed to have been killed in commission of a robbery.

[…]

Maj. Scott Moser of the sheriff’s office said both Monroe and Terrell also netted charges of robbery, use of a firearm in commission of a felony and conspiracy on top of their respective murder charges.

Lanier shouldn’t be a janitor in a police department, much less the police chief.

“We need a exit strategy!” The WaPo:

D.C. police stepped up efforts last night to curb violence in the hard-pressed Trinidad neighborhood of Northeast Washington, choking off access to several streets there to force drivers to pass through the new anti-crime checkpoint, Chief Cathy L. Lanier said.

The Montello Avenue checkpoint, where police demanded that motorists account for their presence in the neighborhood, was set up Saturday night for the first time, but some drivers circumvented it by using nearby streets to enter Trinidad, Lanier said.

She said police were “going to be narrowing the funnel a little bit” by guiding the flow of traffic toward Montello Avenue. However, it appeared that the number of officers assigned last night was insufficient to fully implement the plan, and the strategy took on many aspects of a work in progress.

[…]

As traffic backed up, officers found it necessary to remove traffic cones that were intended to close some of the streets. Nevertheless, the checkpoint operated on Montello Avenue, where motorists were questioned closely about their reasons for being there and were asked to provide identification.

On Saturday, police turned away about half of the 50 cars that tried to pass through the checkpoint. Twenty-six drivers were denied access because they “refused to give enough information to continue through Trinidad,” said police spokeswoman Traci Hughes, offering the first statistical review of the law enforcement activities.

Your papers are not in order!

And from the Examiner:

Police officers were dispatched to D.C.’s controversial neighborhood checkpoints this weekend despite not having undergone constitutional training, The Examiner has learned.

Mayor Adrian Fenty and his interim attorney general, Peter Nickles, emphasized a strict training regimen for officers when trying to sell their quarantine program to a wary public last week. But two 5th District police sources told The Examiner that within a day of launching the no-go zones, untrained officers were ordered to the barricades.

When the officers protested, their supervisor admitted that he hadn’t been trained, either. He told them to re-christen the barricades “safety compliance checkpoints” in case anyone asked, three police sources told The Examiner.

[…]

Lanier’s fiat establishing the “Neighborhood Safety Zones” declares that “only those members who have successfully completed all NSZ-related training required by the Chief of Police may participate in the implementation of an NSZ.” That training, the order continues, “shall include specific limitations on members’ exercise of discretion in determining whether a vehicle will be permitted to enter the NSZ.”

Nickles said last week that the city’s legal defense of the checkpoints rested on federal court decisions upholding similar “targeted” checkpoints — so long as the officers were properly trained.

Looks like the city’s papers aren’t in order either!

Why is Pat Buchanan still a legitimate pundit?

The guy is a complete and utter loon. Huffington Post:

CNN’s Wolf Blitzer entered the Situation Room to talk about a provocatively written book with its author. Not Scott McClellan! No, no. Pat Buchanan! Buchanan’s new book, Churchill, Hitler and the Unnecessary War: How Britain Lost Its Empire and the West Lost the World is about how Churchill, uhm…fought a war with Hitler that was terribly unnecessary and that bad things have flowed ever forth from that terrible decision. See, by Buchanan’s reckoning, Hitler was totally anti-Semitic. But if Britain had just let Hitler take Poland, instead of giving them a guarantee of protection, Nazi Germany would have never expanded their aggression westward, and they would have only killed some of the Jews, which hardly sounds like a Holocaust, now, does it?

Or as Victor Davis Hanson puts it:

Questioning the past is a good thing, but rewriting it contrary to facts is quite another. In the latest round of revisionism about the Second World War, the awful British and naive Americans, not the poor Germans, have ended up as the real culprits.

Take the new book by conservative pundit Patrick Buchanan, “Churchill, Hitler and ‘The Unnecessary War’: How Britain Lost Its Empire and the West Lost the World.” Buchanan argues that, had the imperialist Winston Churchill not pushed poor Hitler into a corner, he would have never invaded Poland in 1939, which triggered an unnecessary Allied response.

Maybe then the subsequent world war, and its 50 million dead, could have been avoided. Taking that faulty argument to its logical end, I suppose today a united West might live in peace with a reformed (and victorious) Nazi Third Reich!