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  #1  
Old 06-25-2013, 01:32 PM
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Another animal in need of a good cage

Nanny Cam Shows Intruder Attack NJ Mom in Front of 3-Year-Old Daughter | NBC New York

Quote:
The suspect beat the mother as the little girl watched, punching and kicking the woman at least 16 times before pushing her down the basement stairs, police said.

The assault was captured on a nanny cam. Footage from that camera shows the woman being tossed around and beaten as her daughter (seen as a blur in the video) looks on.
***
The mother was taken to the hospital to be treated for a concussion and bruises to her face and body. Her husband was at work in New York City at the time of the attack.
I'm glad that they had the camera and I hope the authorities catch up with him right away. Mostly I hope the mom recovers completely and quickly.

Also, share this around if you're so inclined; hopefully someone will recognize the animal and turn him in.
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  #2  
Old 06-25-2013, 01:40 PM
waterboarding w/medmech
 
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oh, but for a large caliber gun when you need one...
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  #3  
Old 06-25-2013, 04:57 PM
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Oh sure, as if you would have those same sentiments if he was white...
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  #4  
Old 06-25-2013, 05:09 PM
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Millburn -- nice town bordering on the ghetto (Irvington aka Erventen isn't far at all). I'm honestly surprised this kind of crap doesn't happen more frequently there.

At least she made it out alive.
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  #5  
Old 06-25-2013, 05:48 PM
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Originally Posted by P.C. View Post
Oh sure, as if you would have those same sentiments if he was white...
Not sure who you're directing your racism at, but if it's me, you'd have to work very hard to be more mistaken.

Personally, I could care less about the skin color of the victim or the assailant. There's no doubt the assailant in the video is an animal in search of a good cage.

Side note: while I'm not an advocate of the principle that "there should be a gun in every home," I'm willing to guess that in areas where gun ownership is more prevalent, home invasions are a little less common. After all, thugs tend to at least try and avoid their own demise. I know that if my door gets kicked in and I happen to be home, they won't need a nanny cam to try and ID the guy...they'll simply do that at the morgue.

I think that's one of the things that really bothers me in this case: the horrible violence. Of course the comment by the LEO that the guy probably thought the home was empty is kind of meaningless, because it surely doesn't explain why he then proceeded to attack the woman. He could just as easily have fled once he realized someone was home, but he chose not to, which is why I consider him an animal in search of a cage.

In any event, I'm hopeful the cops catch up with him before he hurts or kills someone else.
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  #6  
Old 06-25-2013, 05:55 PM
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I wonder what a pint of bear spray would have done to the guy. (Basically pepper spray on steroids.)
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  #7  
Old 06-25-2013, 07:04 PM
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Quote:
Originally Posted by spdrun View Post
I wonder what a pint of bear spray would have done to the guy. (Basically pepper spray on steroids.)
Hopefully subdued him long enough to allow for a proper sight picture.

MV
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  #8  
Old 06-25-2013, 07:06 PM
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Originally Posted by Txjake View Post
oh, but for a large caliber gun when you need one...
He looked as if he was doing pretty well with his bare hands - a gun would have been overkill.
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  #9  
Old 07-02-2013, 04:46 PM
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Well, the animal is in the cage for now. Let's see how long they keep him this time...yep, he's got a long rap sheet.

And he pleaded not guilty...now, isn't that a surprise?

Were I the prosecutor I'd be charging and requesting the maximum. When he asks for a deal, just show him and his attorney the tape and say, "That's what the jury gets to watch. What do you think they will do with you?"

Suspect in nanny-cam beating pleads not guilty - U.S. News
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  #10  
Old 07-02-2013, 04:56 PM
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Looks like he's facing somewhere from ten to 25 years -- hopefully he'll be old enough for HER to beat him up when he gets out.
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  #11  
Old 07-02-2013, 11:15 PM
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It is not that easy..the defendant has Constitutional rights

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Originally Posted by Can't Know View Post
Well, the animal is in the cage for now. Let's see how long they keep him this time...yep, he's got a long rap sheet.

And he pleaded not guilty...now, isn't that a surprise?

Were I the prosecutor I'd be charging and requesting the maximum. When he asks for a deal, just show him and his attorney the tape and say, "That's what the jury gets to watch. What do you think they will do with you?"

Suspect in nanny-cam beating pleads not guilty - U.S. News
I hope some practical information might help...



Here is some information to help illuminate things;

The Superior Court has a Felony Criminal bail schedule.

For example, in California a charge of 273.5(a) PC (corporal injury on cohabitant) the statutory bail is set at $50,000.00 The State Prison exposure on that charge is 2,3, or 4 years; or County Jail up to one year.



If he had a bunch "prior similars" or other felony convictions, especially violent ones, the statutory bail would have jumped to a much higher amount.

The District Attorney's office in San Francisco has to study the SFPD incident report, and then decide whether to file formal criminal charges, or not.

If they file on the case, the defendant has the right personally through a lawyer or Public Defender, to get a copy of the actual Police Report, AND the accusatory pleadings (the "Information") the formal accusation of the crime ... I don't know what the charge in Vista, California is for a copy of this, but the Incident reports in San Francisco from the SFPD cost $7.00 about ten years ago, when I was with the Court.

The "Information" IF the DA files one, should be free...the puke's lawyer or interested parties has the right to look at it...it's of public record.

And I am pretty sure the puke qualifies for the Public Defender. He will have to file a document setting out his finances, assets and income but this is pretty much "pro forma" (the public Defender's office would be contacted right away if money is an issue). The Public Defender is free, although a nominal fee is occasionally imposed after a hearing (maybe $250 or so) but usually there is no time for a hearing...


He'll be soon ( "right to a speedy trial") brought from jail to the Superior Court if the DA files the case, and when the case is called on the Court's master calendar, he will be arraigned (formally charged) and the Judge will ask him if he has a lawyer. If not, the next question is if he can afford one, and if yes, be asked if wants to waive time for a little while until he hires an attorney.

If there is no money (sounds like there is not, here) the Public Defender will be appointed at no cost on the spot. And then the matter will be continued for the Preliminary Hearing (to determine if there is "Probable Cause" to be held to answer for the crime. ) And the Judge will set that Court date.

The master calendar in Felony Superior Court is usually large, and the "hearing" at the first appearance is usually no more than about 3 minutes!

If there is a question of bail reduction, that can be argued orally or by formal motion, and even by the defendant himself - though the latter is usually a bad idea. That's because you need good reasons, persuasively argued, and a decent set of facts to bolster the argument.

(note: While I in fact was a deputy Courtroom clerk for around 20 years, for the Criminal Felony division of the Court, in San Francisco County and retired in 2003, the basics in 2013 are pretty much the same, I think).

Actually the Criminal Public Defenders in San Francisco are very good, they have experience and mostly have worked in misdemeanors for a few years; many or most are as good as a private Criminal lawyer; the unsurprising truth is that all of them stagger under a horrific case load, and it is hard to work well with so many cases; the District Attorney's office not quite as bad, because funding to "fight crime" is easier to fund politically, than it is to hire more Public Defenders.

Almost certainly the scenario is the same today in other jurisdictions also.
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  #12  
Old 07-02-2013, 11:43 PM
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^^^ While all of that is true, it doesn't change the fact that the prosecution can hold out, does it?

After all, even PDs know how transfixed jurors are by videos. I'm sure you probably witnessed that during your court tenure.
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  #13  
Old 07-03-2013, 01:40 AM
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Any "negotiated disposition" (a plea bargain, as it's called commonly called) MUST be agreed to by the Judge in the case, also, in a pretrial settlement held in the Judge's chambers with the DA and defense lawyer present, before the plea agreement is taken in open Court with all present.

The matter is then referred to the Adult probation department for the preparation of a Presentence report, and the Probation officer recommends the sentence based on his findings - defendant's or witnesses statements, prior crim history, jury verdict where applicable, etc.

The matter is continued pending receipt of the APD Presentence report, which is usually about 28 - 30 days forward, and the Judge relies heavily on the report.

After the sentence is pronounced, the Court - (in California) has the Courtroom clerk prepare the paperwork, and in a State Prison commitment, it'd include the Probation report, the formal Prison Commitment document, the Police Report, as I recall...and a calculation of credits for jail time already served on the matter, as well as an additional amount of custody credits for good time/work time, and these two are added together, as of the date of final sentence, and the State Prison must DEDUCT this total of County Jail days served from the amount of the State Prison sentence.

Which makes it a LOT less, usually. The state prisons, AND the County jails are constantly coping with jail/prison overcrowding. And as you know, are grateful to ease the overcrowding of inmates in custody - be it in county jail or State Prison- and many inmates GET OUT early, because of this.

Though it sounds like this perp will have to wait a LONG time before he ever hears a WOODEN door slam.
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  #14  
Old 07-03-2013, 04:28 AM
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^^^ I think you're missing my point.

The prosecution has very little motivation to bargain with this demon. They know all they have to do is play that video and put the victim on the stand, and the jury will give them the verdict for anything they reasonably charge. All that's left is for the judge to determine the sentence, so that's the only real variable.

Under all of the circumstances, I think the defendant is taking a tremendous risk leaving that up to the judge. Conversely, were I the prosecutor, I wouldn't be inclined to offer much. Maybe agree to concurrent sentences for the child endangerment charges, but not much else. Even a bleeding heart far left judge will recognize this guy is a repeater who is not interested in being rehabilitated and has turned violent (and in one of the worst ways).

We're definitely in agreement that he won't hear a wooden door slam for a long time.

I wouldn't be too upset if when that finally happens, it's actually the lid on a pine box; dying in prison seems like a fitting end to his worthless life.
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  #15  
Old 07-03-2013, 08:08 AM
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Quote:
Originally Posted by BAVBMW View Post
Hopefully subdued him long enough to allow for a proper sight picture.

MV
LOL!
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