Bravo: Guy gets the same amount of time in jail for abducting, setting his girlfriend on fire as the guy that missed two court dates while in jail in another jurisdiction.

Aren’t punishments supposed to be proportionate to the crime?

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.

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

AP via RT-D:

A Smithfield man will serve a year in jail after being convicted of abducting his girlfriend and setting her on fire.

[…]

Mizell spread hair gel on the woman and set it on fire last August after the two had argued in the woman’s apartment in Suffolk. His lawyer said in court that Mizell thought she had sex with another man the previous night.

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.”

Weekly News Media Briefs – Week Ending May 24, 2008

From the Caroline County Sheriff’s Office: Weekly News Media Briefs – Week Ending May 24, 2008:

On May 16, 2008, Deputy C. M. Polliard received a tip about the location of some stolen property. After investigating, Michael D. Gilbert, 53 and Linda W. Murphy, 65, both of Woodford were charged with possession of stolen property. Gilbert was also charged with possession of burglary tools. Gilbert was ordered held without bond. Murphy was released on a personal recognizance bond. Court dates of May 30, 2008 were set for both. After further investigation, on 18, 2008, additional charges against Gilbert were placed for domestic assault, breaking and entering, distribution of stolen property, and grand larceny.

On May 18, 2008, Deputy C. M. Polliard responded to and address in Woodford on a breaking and entering and larceny of items. Upon further investigating, Justin Steven Sawyers, 20, of Fredericksburg was charged with 2 counts of breaking and entering, 2 counts of conspiring to sell or distribute stolen property, 2 counts of possession of stolen property all of which are felonies. Sawyer was held without bond at the Pamunkey Regional Jail.

On May 18, 2008, Deputy F. L. Brennan responded to a domestic in Ruther Glen. After investigating, Christopher S. Spurlin, 31, of Ruther Glen was charged with domestic assault. He was released on a personal recognizance bond and a court date of May 22, 2008 was set.

On May 19, 2008, Deputy R. J. Anderson responded to a domestic in Woodford. After investigating, Shawnette P. Cisneros, 25, of Bowling Green was charged with domestic assault. He was ordered held under a $1500 bond and a court date of May 20, 2008 was set.

On May 22, 2008, Deputy B. L. Fedder responded to a domestic in Ruther Glen. After investigating, Clarence Waddy, 53, of Ruther Glen was charged with domestic assault. He was ordered held under a $1500 bond and a court date of May 27, 008 was set.

On May, 23, 2008, Deputy P. E. Ford stopped Shanelle Lashawn Williams, 22, of Brandywine, MD for reckless driving speed, and issued a summons. Upon further investigation, she was found in possession of marijuana. Williams was taken to Pamunkey Regional Jail where she was released on a personal recognizance bond. Trial date is set for July 23, 2008.

On May 24, 2008, Deputy F. L. Brennan responded to a disturbance call at the Bowling Green MacDonald’s. Upon arrival and investigation, Donnie L. Poindexter, 45, of Ruther Glen was charged with public intoxication and resisting arrest. Poindexter was placed on a $1000 secure bond and a May 28, 2008 arraignment date was set.

On May 24, 2008, Deputy J. K. Miller responded to a New Baltimore address for a fight in progress. While investigating this matter, David D. Jeter, 35, continually disrupted the Sheriff’s Office deputies in the performance of their duties and subsequently charged with Obstruction of Justice. Jeter was placed on a $1500 personal recognizance bond and a June 4, 2008 trial date was set.

Caroline County Sheriff’s Office Wrap Up

According to Sheriff Tony Lippa, Caroline Deputies made 3 drug arrests, 3 DUI arrests, 8 domestic violence arrests, and 63 other criminal arrests during the past week. The deputies served 167 civil papers, issued 171 traffic summonses, handled 7 motor vehicle crashes, responded to 38 alarm calls, and dealt with 3 juvenile offenders. The Sheriff’s Office Communications Center dispatched 535 calls for service and handled 1,715 telephone inquiries. The CCSO also logged 27 calls assisting outside agencies and had 194 self initiated calls.

Obligatory moron escapes from courthouse post

NBC 4:

Authorities are looking for a prisoner who escaped from a courtroom Thursday afternoon in King George County.

Virginia State Police said Ritchie Faltz. Jr. was sentenced Thursday to serve 90 days for misdemeanor destruction of property.

When Faltz heard his sentence, he assaulted a law enforcement officer, ran from the building and was last seen heading into some nearby woods, authorities said.

Faltz, who is from King George County, has family and friends in the Dahlgren and Fredericksburg areas.

He is described as white, 6 feet 1 inch tall and weighing about 170 pounds. He has brown hair and brown eyes.

Anyone with information is asked to contact police at 840-553-3445 or 540-775-2049.

Richmond Times-Dispatch’s story and The Free Lance–Star’s story.

And now the obligatory clip from Next Friday (content/language warning):

Not letting someone get away with murder.

The Press of Atlantic City:

An Atlantic County man whose daughter has been missing for more than 13 years is recovering from the shock that her alleged killer was arrested in Virginia on Friday.

“You have no idea what a feeling this is,” said Joseph Marto, of Somers Point, speaking on his cell phone as he drove home from a Virginia courthouse Wednesday afternoon. “This all happened so fast.”

[…]

For two years, the Caroline County Sheriff’s Office investigated the incident as a missing persons case, with the Virginia State Police joining the investigation in 1997.

On Wednesday, Marto recalled a smart, spirited woman, who skipped several grades in elementary school and loved to read and write.

“She always carried a book around with her, always writing something,” Marto said. “She would get lost crossing the street.”

Marto said authorities are resuming the search for her body this week.

Marto contacted Virginia’s Caroline County Commonwealth Attorney Anthony Spencer about the case in February. Spencer scheduled a meeting with him March 22.

“He actually got tears in his eyes,” Marto recalled. “He said, ‘How long has this man been out?’ I said, ‘I’ve been chasing him for 13 and a half years.’ He said, ‘Well, let’s get working on it.'”

Spencer presented the case to a special grand jury last week, which returned a murder indictment. Lawrence Gaudenzi also is charged with taking indecent liberties with children. Spencer would not be more specific about the latter charge.

Spencer said Lawrence Gaudenzi asked for a court-appointed attorney at his arraignment Wednesday. Attorneys Kathy Hancock and Russell Booker will represent Gaudenzi, Spencer said. He is being held without bond at the Pamunkey Regional Jail in Hanover County and a three-day jury trial is scheduled for Sept. 17, Spencer said. He declined to discuss specifics of the case.

Marto said seeing Lawrence Gaudenzi in court was a surreal experience.

“He wouldn’t look at me,” Marto said. “He has a crazed look.”

Marto called news of Lawrence Gaudenzi’s arrest “partial closure.” He wants his daughter’s body recovered.

“I want to bring my daughter back to New Jersey and give her a burial that’s normal,” Marto said.

Lawrence Gaudenzi’s Wednesday arraignment was also Marto’s birthday.

“The best thing I ever got in the world was when I was in court today,” Marto said.”He took from me 13 years and a beautiful daughter. He deprived us of all this time.”