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Captain Bill Burt

Disappointed in our Judicial System

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About a year ago I posted a thread on here about a home invasion.  On the advice of Wire pards I asked a Moderator to pull the thread.  It's been a long process, but 'justice' has been served and I thought I would share with the Saloon.

 

Back in September, while Shootin Sharyn and I were at the Alabama State match, a 15 year old broke into our home and stole as much as he could fit in a backpack, including Sharyn's wedding and engagement rings (I would still like to wring his scrawny neck for that).  He attempted to get into my gun safe but was unsuccessful.  Thanks to quality video surveillance linked to our phones we were alerted, posted his video and picture on social media and the little punk was arrested the same day.  He pled guilty, was given a 30 day sentence, and ordered to pay us our insurance deductible.  No significant effort was made to retrieve our property.  To date he's paid less than 10% of what he owes and his whereabouts are unknown.

 

Six days after this event a 47 year old man broke into our home while I was there (tell me these weren't related 12 years here with no problem then suddenly two within a week).  This guy came prepared to get into a gun safe and had professional tools to break down doors.  Long story short he got a very big surprise and ended up driving away in his car with two 12 gauge holes, one in each of his driver side tires.  He ditched the car a couple of blocks away and was arrested the next day.  Flash forward to today, after over a year of continuances he pled guilty.  I was never called to testify, or make a statement.  He was sentenced to 10 years, with 2 to be served, but get this: If he's found eligible for a drug 'diversion' program he will be released from the county jail where he currently is and not serve any further time.  He may end up doing less than a week!  The ADA told me that since his prior convictions were drug related, rehabilitation was their primary goal.  

 

Of course he too 'has' to pay me my insurance deductible (for the door) but I bet I'll never see that money either.   This really torques me too, he got his car back right after he got bailed out of jail on the home invasion charge.  I just called the local PD property department and I have to wait 90 more days before I can get my Mossberg back.

 

The cops were great, the judicial system is a travesty!

 

 

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Wow. That sucks beyond suck. Sorry you're dealing with judicial incompetence AS THE VICTIM!

 

World just keeps getting better...

 

:angry:

 

 

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Always has been known at the, "Criminal Justice System", not the, victim justice system.:(

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Ninety days to get your shotgun back...?

 

What's that about??  :huh:

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That sucks. I am all for people getting off drugs but I hate that drug diversion litigation crap.  Drugs or no, you do a crime, you do the time.  Sorry about the Mossberg too.

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So let me get this straight, and just on the "2 yrs time" part........ The ADA actually said , with a straight face I'll assume, that 2yrs in the community (where drug dealer are likely readily found) would be less challenging to potentially enticing him to continue his drug habit, than 2 yrs in the joint (pun intended). Where, albeit, there may be drugs,  but in lesser quantity and fewer choices. And where his day would be scrutinized and structured. That makes sense to an ADA, how?   

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There is a ballot initiative in Ohio to give victims greater say in the process. Sounds like you really need it down where you are!

marsysLawFactSheet.pdf

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Howdy,

I would expect another visit.

They have made movies about this sort of thing.

Cameras, with backups and yes even battery powered.

Cover yourself, your family and let your neighbors know

of your concerns. 

Criminals often play 'the system' very well.

I wish you the best of luck.

Best

CR

 

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12 minutes ago, Chili Ron said:

Howdy,

I would expect another visit.

They have made movies about this sort of thing.

Cameras, with backups and yes even battery powered.

Cover yourself, your family and let your neighbors know

of your concerns. 

Criminals often play 'the system' very well.

I wish you the best of luck.

Best

CR

 

I don't think he will be back to my place though I've little doubt he'll resume his career as a burglar. He left my place very abruptly and didn't even say goodbye.  I think he felt the need for a change of clothing, specifically pants.

 

We were prepared enough last time to get a 100% arrest and conviction rate when the average is 10%. That was before all my buttons got pushed and I started living in perpetual condition yellow.  It would be very difficult for a criminal to get into my place now without creating multiple detailed HD videos of his entry and subsequent demise.

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I'm sorry to hear of your problems, but I am not surprised.  A former student of mine was an assistant DA for awhile.  He told me that with the annual cost of housing an inmate at $30,000 and up (depending on what part of the country), his office was pushed to process as many cases as possible for as little expense as possible.  They were instructed to work out plea bargain deals and diversion programs whenever they could.

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1 hour ago, Captain Bill Burt said:

multiple detailed HD videos

What system do you use?  My wife and I have been talking about a sec camera set up.

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Thirty grand would be a bargain in these parts.

 

I've talked with officers who have told me that very, very often they don't bother to arrest unless it's something serious - the DA's office will not prosecute "minor" crimes, and if they do there's no punishment - the jails are truly in-n-out processes in this state, unless it's either something that will sell media time or a "low-hanging fruit" slam-dunk.

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I use three different systems, a Ring, a Canary, and a Motorola. All stream HD to the Cloud and all trigger an alert if they lose power or WiFi. All can be accessed from my phone and are motion activated with night vision. Plus a monitored alarm system.

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Bill-What you saw is now the norm rather than exception, I'm afraid to say.

What was the reason for the hold on your SG? The case is done and over.

Can you have a picture of this SG sent to you from the PD, to confirm it isn't 'lost'?

 

OLG

 

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The justice system is just why these thugs keep doin what they do. It's just a criminal education system.

When I got burglarized a few years back; We were the ones who a week later found the alleged scum.

The prosecutor cut a plea deal 3 years later and gave him time served for other area crimes including mine and I was supposed to get reimbursed by the "State Restitution Fund". I got half after another year of forms and wait. Then was told I'd get the other half when the crook pays it to the State! He's since moved on to occupied houses and just a couple weeks ago he was found at a domestic dispute with  a gun. I'm bettin' my money owed is right on top of his list!

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22 minutes ago, The Original Lumpy Gritz said:

Bill-What you saw is now the norm rather than exception, I'm afraid to say.

What was the reason for the hold on your SG? The case is done and over.

Can you have a picture of this SG sent to you from the PD, to confirm it isn't 'lost'?

 

OLG

 

I spoke to a nice lady in the property division. She stated they had the gun but policy was to not release firearms until 90 days after the case is resolved.

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4 hours ago, Capt. R. Hugh Kidnme said:

So let me get this straight, and just on the "2 yrs time" part........ The ADA actually said , with a straight face I'll assume, that 2yrs in the community (where drug dealer are likely readily found) would be less challenging to potentially enticing him to continue his drug habit, than 2 yrs in the joint (pun intended). Where, albeit, there may be drugs,  but in lesser quantity and fewer choices. And where his day would be scrutinized and structured. That makes sense to an ADA, how?   

Remember when you are dealing with an ADA you're dealing with someone who graduated from law school yesterday and was hired as a political favor owed to someone.The only thing worse is a public defender

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He broke into your house while you were there with full intention of stealing guns. This is a very dangerous criminal. And they say this is a drug crime and FOOLISHLY think this trash is capable of being rehabilited? Like he even has the potential to function in a civilized society. Yeah right, he might discover the cure for cancer.

Wish I could have seen you unload that Mossburg at his car. Guessin they were not cowboy loads.

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I'd really hesitate before using a sweeping generalization about the skills or motivation of ADAs.  Some of my law school classmates went to the DA's office from law school, and most were hard working middle class folks, determined to do a good job and put bad folks away.  They did not go to work in silk stocking private law firms not just because they lacked the social connections,  but because they wanted to contribute in a meaningful way.  They accepted low pay, long hours, and personal risk to their lives in the hope that they could make the city safer.

 

Some left after a couple of years, frustrated by the politics, the lack of resources and/or the weak-kneed attitude of some judges and some DAs.  Some have stuck it out, and have kept up the good fight.  It is largely a thankless job.

 

As in any profession, there are some good and some bad in the group.  DA's offices are typically revolving doors, hiring young lawyers, chewing them up with incredible caseloads, and spitting them out.  I admire the guts and stamina of anyone who sticks with it and makes it their long-term career.

 

ADAs cannot build or finance prisons.  Every state is struggling with the costs of operating the prison system, the lack of facilities, the unwillingness of citizens to accept the cost and presence of new prisons, and the ongoing argument over punishment, rehabilitation and public safety.  Don't expect these issues to be resolved by ADAs, DAs or judges.  Ultimately, it comes back to the Legislators, who have to have the political will to make changes and the courage to raise and spend the money to make the system work.  Only when we are frustrated enough to complain loudly and repeatedly to those Legislators will anything improve.

 

https://www.bostonglobe.com/metro/2015/09/25/paul-mclaughlin-gang-prosecutor-murdered-west-roxbury-recalled-friends/RON4JgxWDo1GKfTxVca7FP/story.html

 

LL

 

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I served a month on a Grand Jury a couple of years ago. I was blown away by how the ADA's hands were tied especially when drugs were involved.

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Our System is Flawed behind belief .

And has been for a long time .

Rooster 

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5 hours ago, Captain Bill Burt said:

I spoke to a nice lady in the property division. She stated they had the gun but policy was to not release firearms until 90 days after the case is resolved.

 

My guess is it is a standard policy to make sure there is no appeal filed or anything of that nature. 

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The flaws are necessary to control costs.

Captain your best hope of getting restitution is the Probation Dept.  You should contact them.  Many years ago, mid 70's, my wife was rear ended at a stop light in El Cerrito CA by a professional drunk driver.  The EC PD were called to the scene & the drunk was hauled off to the County lockup.  Some time latter my wife was contacted by the Probation Dept. and asked how much we were out of pocket for the repairs.  About every quarter for the next year we received a check from COCO County for restitution.  It was like found money because we didn't expect it.

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What does Iran do to convicted thieves again?

 

:D

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Captain Bill, looks like your shotgun spent more time in lockup than both these criminals, combined.  I spent 35 years dealing with that system and it is frustrating.  Yours was one of the happy endings.  Most burglary victims come out much worse.  You still have the option to sue the juvenile's parents for any property loss.  That's of course if they have any assets worth going after.

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18 hours ago, CurlyDrew42 said:

What system do you use?  My wife and I have been talking about a sec camera set up.

I have 30+ years in the Electronic Security Business.

The best video system for the Do It Yourself person is "Arlo pro" from Netgear.

 

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Thanks everyone for the encouragement and advice.  I'm happy that we were prepared enough to ensure both perps were apprehended and convicted, too bad their punishment was so light.  

 

I doubt I'll sue.  I've seen the houses both of them live in and I wouldn't put a dog in either one of them.

 

I will definitely follow up with the probation officers.  I've got the ADA's number and she's been very helpful, so perhaps I will eventually collect the two deductibles. 


When the juvenile went to trial the judge apologized to me that he couldn't give him more time than he did.  He stated pretty clearly that he would have preferred a stiffer sentence.   As Loophole stated, it's not LE, nor is it the judges and the DAs (most of the time), it's a lack of political will and a lack of money.  

 

It makes you wonder whether or when people will get tired of this crap and resort to a different type of justice.

14 hours ago, Whiskey Business said:

He broke into your house while you were there with full intention of stealing guns. This is a very dangerous criminal. And they say this is a drug crime and FOOLISHLY think this trash is capable of being rehabilited? Like he even has the potential to function in a civilized society. Yeah right, he might discover the cure for cancer.

Wish I could have seen you unload that Mossburg at his car. Guessin they were not cowboy loads.

Nope, they were Winchester 12 gauge PDX loads.  I highly recommend them!  I may be able to show you video of it if I ever get a copy.  A passing Charter Cable guy stopped and videotaped most of it.  He gave a copy to the police, but I never got his contact information.  It's probably pretty nasty video, me in shorts, socks and a raggedy wife beater tshirt screaming 'get on the ground MF and words to that effect'. 

 

I'm surprised my appearance wasn't enough to scare him off.  I suppose he was focused on the muzzle of the shotgun.

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150 years ago both these thugs would have been breaking rocks for a looooong time or worse!!

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As long as "feel good" politicians control the funding, the criminal justice system will continue to be a higher education platform for criminals.

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Right now I am very disappoined in the Military Judicial System as well.  :angry::angry:

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