Ridiculous Sentencing
- Thread starter SLM
- Start date
Judge blasts 'ridiculous' 18-year sentence for marijuana
Is 18 years in prison without the possibility of parole too harsh for a man arrested with 18 grams of marijuana? The Louisiana Supreme Court's chief justice thinks so, and she blasted her colleagues for upholding the punishment.
In a withering dissent Wednesday, Chief Justice Bernette Johnson called it "outrageous" and "ridiculous" that the state's highest court affirmed the lengthy prison sentence for such a small amount of marijuana — enough for at least 18 marijuana cigarettes.
A jury convicted Gary D. Howard of marijuana possession with intent to distribute and a Caddo Parish judge sentenced him as a habitual offender in 2014. Howard's previous convictions include possession of a firearm by a convicted felon in 2008.
Johnson questioned whether it was a mere coincidence — or an "arbitrary" decision — that Howard's sentence amounted to one year per gram of marijuana that police found during a 2013 search of his girlfriend's home in Shreveport.
"As a practical matter, in light of the inconsequential amount of marijuana found, imprisoning defendant for this extreme length of time at a cost of about $23,000 per year (costing our state over $400,000 in total) provides little societal value and only serves to further burden our financially strapped state and its tax payers," she wrote.
The decision comes as state lawmakers consider an overhaul of criminal sentencing laws aimed at reducing Louisiana's highest-in-the-nation incarceration rate. Bills that would limit penalties under the state's habitual offender law are among the package of proposed reforms.
"Louisiana law authorizes these Draconian sentences that would embarrass its other Southern neighbors," said Rob Smith, director of Harvard Law School's Fair Punishment Project.
The state Supreme Court's majority ruled there was sufficient evidence that Howard packaged the marijuana for distribution. Police found the drugs in five baggies when they arrested Howard.
Johnson, however, said a prosecution expert conceded the marijuana could have been for Howard's personal use. The expert also acknowledged it was possible the marijuana was purchased in the same form that police found it, she noted.
"Legally, the state proved nothing more than simple possession of marijuana in this case," she wrote.
Johnson speculated that authorities "overreacted" because police found a firearm in a bedroom closet during Howard's arrest. He was subsequently acquitted of a weapons charge.
https://www.yahoo.com/news/judge-blasts-ridiculous-18-sentence-marijuana-155337465.html
Is 18 years in prison without the possibility of parole too harsh for a man arrested with 18 grams of marijuana? The Louisiana Supreme Court's chief justice thinks so, and she blasted her colleagues for upholding the punishment.
In a withering dissent Wednesday, Chief Justice Bernette Johnson called it "outrageous" and "ridiculous" that the state's highest court affirmed the lengthy prison sentence for such a small amount of marijuana — enough for at least 18 marijuana cigarettes.
A jury convicted Gary D. Howard of marijuana possession with intent to distribute and a Caddo Parish judge sentenced him as a habitual offender in 2014. Howard's previous convictions include possession of a firearm by a convicted felon in 2008.
Johnson questioned whether it was a mere coincidence — or an "arbitrary" decision — that Howard's sentence amounted to one year per gram of marijuana that police found during a 2013 search of his girlfriend's home in Shreveport.
"As a practical matter, in light of the inconsequential amount of marijuana found, imprisoning defendant for this extreme length of time at a cost of about $23,000 per year (costing our state over $400,000 in total) provides little societal value and only serves to further burden our financially strapped state and its tax payers," she wrote.
The decision comes as state lawmakers consider an overhaul of criminal sentencing laws aimed at reducing Louisiana's highest-in-the-nation incarceration rate. Bills that would limit penalties under the state's habitual offender law are among the package of proposed reforms.
"Louisiana law authorizes these Draconian sentences that would embarrass its other Southern neighbors," said Rob Smith, director of Harvard Law School's Fair Punishment Project.
The state Supreme Court's majority ruled there was sufficient evidence that Howard packaged the marijuana for distribution. Police found the drugs in five baggies when they arrested Howard.
Johnson, however, said a prosecution expert conceded the marijuana could have been for Howard's personal use. The expert also acknowledged it was possible the marijuana was purchased in the same form that police found it, she noted.
"Legally, the state proved nothing more than simple possession of marijuana in this case," she wrote.
Johnson speculated that authorities "overreacted" because police found a firearm in a bedroom closet during Howard's arrest. He was subsequently acquitted of a weapons charge.
https://www.yahoo.com/news/judge-blasts-ridiculous-18-sentence-marijuana-155337465.html
Yeah, it would be nice if it was the worst tenth, like the murderers and drug importers! I think there may be a "method to Trump's madness re the wall"! It would address two problems....................create some employment AND keep the bad Asses busy!
I see at least three possible solutions:
1. Lower the burden of proof. This of course increases the risk of wrongful convictions. This is probably more common in difficult-to-prove cases. For example, a judge, aware of how difficult it is to prove sexual assault and the statistical probability of an accused being guilty, subconsciously lowers the burden of proof to get a conviction.
2. Expand the number of possible offences. One example of this is fornication as an offense in some US states. If there is reasonable doubt about a defendant's guilt of sexual assault for example but no doubt about him having knowingly and willingly engaged in a sexual act with the alleged victim, then the judge could fine him for fornication. Though the accused might be innocent of the sexual assault, at least he's being found guilty of something for which we know he is guilty. Even if he is innocent of sexual assault, he still has a responsibility to not sleep with any strange woman who'll falsely accuse him of sexual assault. Let that serve as a lesson for him. This same principle could apply to other legal arras too. For example, making the simple consumption of alcohol other than as prescribed by a physician a fineable offense for when drinking and driving can't be adequately proved. Or make gambling itself a fineable offwnse for when opetating an ilegal gambling den can't be proved. A person can always choose to not sleep around, consume alcohol or gamble; and a judge could rely on these as emotional pressure valves as alternatives to subconsciously lowering the burden of proof.
3. Provide more education for crime investigators so as to improve their evidence collection abilities and so reduce the conviction rate of innocents and increase that of the guilty.
4. Increase the severity of the punishment for those who are proved guilty of a more serious crime beyond a reasonable doubt after it's been ascertained that the judge stricty applied the principle of innocent until proved guilty beyond a reasonable doubt.
1. Lower the burden of proof. This of course increases the risk of wrongful convictions. This is probably more common in difficult-to-prove cases. For example, a judge, aware of how difficult it is to prove sexual assault and the statistical probability of an accused being guilty, subconsciously lowers the burden of proof to get a conviction.
2. Expand the number of possible offences. One example of this is fornication as an offense in some US states. If there is reasonable doubt about a defendant's guilt of sexual assault for example but no doubt about him having knowingly and willingly engaged in a sexual act with the alleged victim, then the judge could fine him for fornication. Though the accused might be innocent of the sexual assault, at least he's being found guilty of something for which we know he is guilty. Even if he is innocent of sexual assault, he still has a responsibility to not sleep with any strange woman who'll falsely accuse him of sexual assault. Let that serve as a lesson for him. This same principle could apply to other legal arras too. For example, making the simple consumption of alcohol other than as prescribed by a physician a fineable offense for when drinking and driving can't be adequately proved. Or make gambling itself a fineable offwnse for when opetating an ilegal gambling den can't be proved. A person can always choose to not sleep around, consume alcohol or gamble; and a judge could rely on these as emotional pressure valves as alternatives to subconsciously lowering the burden of proof.
3. Provide more education for crime investigators so as to improve their evidence collection abilities and so reduce the conviction rate of innocents and increase that of the guilty.
4. Increase the severity of the punishment for those who are proved guilty of a more serious crime beyond a reasonable doubt after it's been ascertained that the judge stricty applied the principle of innocent until proved guilty beyond a reasonable doubt.
#2. sounds like a hell of a good idea UNTIL you look into it deeply.
To make it work the population would have to be half cops and the other two quarters lawyers and judges, which doesn't leave any room for prison guards.
#2. sounds like a hell of a good idea UNTIL you look into it deeply.
How do fines increase the need for prison guards?
Furthermore, because they'd be easier crimes to prove (fornication as opposed to sexual assault or paying for or taking money for sex, consumung alcohol other than as prescribed rather than drinking and driving, and gambling rather than operating an illegal gambling den), the guilty would probably admit to guilt in most cases since it would be easier to prove and oaying the fine would cost less than fighting it in court if the accused is guilty.
If not guilty, he'd still be protected by the presumption of innocence.
In the following story we have 2 "pain management specialists" killed. Given the opiod issue going on right now I'm thinking (even though the story does not say why this happened) the killer tried to get drugs from them but was refused. My question is why someone who robs 2 banks in 2 years is on the streets.......?
Two Massachusetts doctors were found in their luxury Boston condo Friday night with their throats slashed, police said.
Police arrested Bampumin Teixeira, 30, in connection with the murders. The station reported that police responded to a call of a man with a gun in the area. As police arrived, Teixeira began firing at the officers. Police returned fire and hit the man several times, but did not kill him.
Teixeira has a criminal record. He pleaded guilty to two bank robberies – one in 2014 and the other in 2016. In both instances, he passed the bank teller a note saying he had a weapon but never brandished one.
Boston doctors found dead in luxury apartment with throats slashed | Fox News
Two Massachusetts doctors were found in their luxury Boston condo Friday night with their throats slashed, police said.
Police arrested Bampumin Teixeira, 30, in connection with the murders. The station reported that police responded to a call of a man with a gun in the area. As police arrived, Teixeira began firing at the officers. Police returned fire and hit the man several times, but did not kill him.
Teixeira has a criminal record. He pleaded guilty to two bank robberies – one in 2014 and the other in 2016. In both instances, he passed the bank teller a note saying he had a weapon but never brandished one.
Boston doctors found dead in luxury apartment with throats slashed | Fox News
Billy Cummer is a violent career criminal who has spent much of his life in prison. After his latest conviction for armed robbery, he asked to spend the rest of his life behind bars.
On Dec. 5, Billy Cummer stood in front of Justice Toni Skarica in a Hamilton courtroom and made an unusual request.
At the time, Cummer was 46. With the exception of a couple of months of freedom scattered here and there — sometimes earned, occasionally because he was on the lam — he had spent most of the past 30 years in prison.
There's no mistaking Billy Cummer, that's for sure.
His appearance is breathtaking, even by the standards of the sketchy-looking criminal flotsam that drifts through the John Sopinka Courthouse daily.
His shaved skull is covered with tattoos, including the words "Steel City" inked above his forehead. It's his homage to Hamilton, his home since about the age of 14.
Tattooed gun barrels that mimic thick sideburns run down each side of his face. His throat and neck are covered in ink, as are both arms.
More disturbing tattoos are hidden: a few swastikas; "White Power" across his belly; "White Pride" in big letters across his back; and "Insane" across his lower back. He insists he's not a racist or a white supremacist and that those tattoos were youthful mistakes he now regrets.
Cummer has lived a life of near-constant, almost unimaginable violence since childhood. On top of that, he became a heroin addict in jail.
That he's survived this long is a minor miracle. His body is a real-life version of a kids' game called Operation.
He has two bullet wounds — one in his leg, one in his bicep — from a failed hit on him. He has numerous stab wounds across his torso, a healed-over hole in his rib cage where a tube was inserted to drain his lungs, and he was once put in a coma. He has a heart murmur, liver damage, nerve damage to his legs, and holes in his esophagus from acid reflux that went unrepaired for a long time.
"I'm like the cat who has nine lives," Billy laughs during a recent interview at Millhaven's penitentiary, his current home.
"I've been piped, I've been stabbed, I've been shot, I've been poisoned, I've been jumped and I've poured so much dirty dope in me, it's ridiculous."
As he stood before Justice Skarica, Cummer had just pleaded guilty to armed robbery, assault and a few other charges. He knew the Crown was seeking a sentence of 15 to 20 years, which would have been the longest single stretch he's ever faced inside.
Cummer decided he wanted no part of that.
"I'm so institutionalized, it ain't funny," Cummer said. "I know how to survive in here and I know the society in here.
"I'm not coming out when I'm 65 or 70 years old, trying to figure life out. I can't figure it out now."
So Cummer begged the judge to send him to prison for the rest of his life.
Skarica's response was just as extraordinary.
He said no.
"I have seen people who are absolutely evil," Skarica told the court, and Cummer wasn't one of them.
The judge gave him 12 years, told him he could be out in six and to use the next few years to figure out how to be a productive citizen when he's eventually released.
more......
'Not irredeemable yet': How a judge's words changed a criminal's life
On Dec. 5, Billy Cummer stood in front of Justice Toni Skarica in a Hamilton courtroom and made an unusual request.
At the time, Cummer was 46. With the exception of a couple of months of freedom scattered here and there — sometimes earned, occasionally because he was on the lam — he had spent most of the past 30 years in prison.
There's no mistaking Billy Cummer, that's for sure.
His appearance is breathtaking, even by the standards of the sketchy-looking criminal flotsam that drifts through the John Sopinka Courthouse daily.
His shaved skull is covered with tattoos, including the words "Steel City" inked above his forehead. It's his homage to Hamilton, his home since about the age of 14.
Tattooed gun barrels that mimic thick sideburns run down each side of his face. His throat and neck are covered in ink, as are both arms.
More disturbing tattoos are hidden: a few swastikas; "White Power" across his belly; "White Pride" in big letters across his back; and "Insane" across his lower back. He insists he's not a racist or a white supremacist and that those tattoos were youthful mistakes he now regrets.
Cummer has lived a life of near-constant, almost unimaginable violence since childhood. On top of that, he became a heroin addict in jail.
That he's survived this long is a minor miracle. His body is a real-life version of a kids' game called Operation.
He has two bullet wounds — one in his leg, one in his bicep — from a failed hit on him. He has numerous stab wounds across his torso, a healed-over hole in his rib cage where a tube was inserted to drain his lungs, and he was once put in a coma. He has a heart murmur, liver damage, nerve damage to his legs, and holes in his esophagus from acid reflux that went unrepaired for a long time.
"I'm like the cat who has nine lives," Billy laughs during a recent interview at Millhaven's penitentiary, his current home.
"I've been piped, I've been stabbed, I've been shot, I've been poisoned, I've been jumped and I've poured so much dirty dope in me, it's ridiculous."
As he stood before Justice Skarica, Cummer had just pleaded guilty to armed robbery, assault and a few other charges. He knew the Crown was seeking a sentence of 15 to 20 years, which would have been the longest single stretch he's ever faced inside.
Cummer decided he wanted no part of that.
"I'm so institutionalized, it ain't funny," Cummer said. "I know how to survive in here and I know the society in here.
"I'm not coming out when I'm 65 or 70 years old, trying to figure life out. I can't figure it out now."
So Cummer begged the judge to send him to prison for the rest of his life.
Skarica's response was just as extraordinary.
He said no.
"I have seen people who are absolutely evil," Skarica told the court, and Cummer wasn't one of them.
The judge gave him 12 years, told him he could be out in six and to use the next few years to figure out how to be a productive citizen when he's eventually released.
more......
'Not irredeemable yet': How a judge's words changed a criminal's life
Probably not all that surprising really. The last place they want you is in jail because while you are in there you not contributing to the system. If they granted the request for one person, there is probably a thousand more across the country who would love free room and board for life, not to mention all the old codgers who are struggling along on $900 a month. Once that got started they would have to start building "motel" chains to accommodate them and then there's all the expense for medical, dental, eye glasses, hip replacements etc. etc.
We already have that
It's called the Senate
Yeah, you are about 75% correct..................the criminal element is there for sure and they are mostly old codgers, but I believe the percs are a bit higher than you get in jail.
Two New York men charged with assaulting a 55-year-old man at a Ravens game last year, leaving him with a critical brain injury, will not serve jail time.
Scott Smith, 30, of Mount Vernon and Andrew Nappi, 32, of Eastchester each entered an Alford plea Friday in Baltimore City Circuit Court on one count of misdemeanor second-degree assault.
An Alford plea allows a defendant to maintain innocence while acknowledging that prosecutors have enough evidence to win a conviction.
The two men will each serve 18 months probation.
Prosecutors said Joseph Bauer was at an Oct. 2 game between the Ravens and Raiders with his wife and friends when they decided to leave early.
While leaving the stadium, Bauer began to argue with Smith and Nappi, who are Raiders fans, prosecutors said. The altercation turned violent, and Smith pushed Bauer. Nappi, prosecutors said, punched Bauer in the face.
Bauer fell backward and hit his head on the ground, causing him to fade in and out of consciousness, prosecutors said. He was taken to Maryland Shock Trauma Center and diagnosed with a skull fracture, among other injuries.
The incident left Bauer in critical condition with a severe brain injury, from which he has not fully recovered, his family said.
Bauer was not in court Friday, but more than a dozen of his friends and relatives were. Bauer's wife, Sharon, tearfully addressed the two men who assaulted her husband.
She said the injury has led to “nine months of continued issues” and sent her husband into a state of “constant pain and confusion.”
Bauer, who had always been active, has had to relearn how to walk and talk, she said. His legs and feet have become especially weak since the assault.
“He is a different person than before the assault because of these injuries,” she said.
“It hurts my heart to see him in this capacity,” Bauer said.
Kevin Stern, who identified himself as an attorney for the Bauer family, said Bauer continues to receive treatment, and the family has accrued extensive medical bills.
This incident brought national attention to the problem of brawls and other types of violence among fans at sporting events.
Ravens coach John Harbaugh said shortly after the assault that it was “absolutely inexcusable.”
Circuit Judge Lynn Stewart Mays imposed a sentence of probation before judgment for Smith. This means he can erase the conviction if he successfully completes the probation.
Nappi received a one-year suspended sentence in addition to 18 months probation.
State prosecutors had recommended six years of jail time for both men, suspending all but six months.
Andrew Alperstein and Marc Zayon, attorneys for Smith and Nappi, said their clients had expressed remorse for their actions.
Sharon Bauer said she originally wanted the two to “rot in jail,” but would accept whatever decision the judge made.She implored both of them to make better decisions and to consider the effect they have had on her family.
“I don’t think you could ever imagine what it’s like, and I hope you never do,” she said.
Two N.Y. men get probation for assaulting Ravens fan at M&T Bank Stadium - Baltimore Sun
Scott Smith, 30, of Mount Vernon and Andrew Nappi, 32, of Eastchester each entered an Alford plea Friday in Baltimore City Circuit Court on one count of misdemeanor second-degree assault.
An Alford plea allows a defendant to maintain innocence while acknowledging that prosecutors have enough evidence to win a conviction.
The two men will each serve 18 months probation.
Prosecutors said Joseph Bauer was at an Oct. 2 game between the Ravens and Raiders with his wife and friends when they decided to leave early.
While leaving the stadium, Bauer began to argue with Smith and Nappi, who are Raiders fans, prosecutors said. The altercation turned violent, and Smith pushed Bauer. Nappi, prosecutors said, punched Bauer in the face.
Bauer fell backward and hit his head on the ground, causing him to fade in and out of consciousness, prosecutors said. He was taken to Maryland Shock Trauma Center and diagnosed with a skull fracture, among other injuries.
The incident left Bauer in critical condition with a severe brain injury, from which he has not fully recovered, his family said.
Bauer was not in court Friday, but more than a dozen of his friends and relatives were. Bauer's wife, Sharon, tearfully addressed the two men who assaulted her husband.
She said the injury has led to “nine months of continued issues” and sent her husband into a state of “constant pain and confusion.”
Bauer, who had always been active, has had to relearn how to walk and talk, she said. His legs and feet have become especially weak since the assault.
“He is a different person than before the assault because of these injuries,” she said.
“It hurts my heart to see him in this capacity,” Bauer said.
Kevin Stern, who identified himself as an attorney for the Bauer family, said Bauer continues to receive treatment, and the family has accrued extensive medical bills.
This incident brought national attention to the problem of brawls and other types of violence among fans at sporting events.
Ravens coach John Harbaugh said shortly after the assault that it was “absolutely inexcusable.”
Circuit Judge Lynn Stewart Mays imposed a sentence of probation before judgment for Smith. This means he can erase the conviction if he successfully completes the probation.
Nappi received a one-year suspended sentence in addition to 18 months probation.
State prosecutors had recommended six years of jail time for both men, suspending all but six months.
Andrew Alperstein and Marc Zayon, attorneys for Smith and Nappi, said their clients had expressed remorse for their actions.
Sharon Bauer said she originally wanted the two to “rot in jail,” but would accept whatever decision the judge made.She implored both of them to make better decisions and to consider the effect they have had on her family.
“I don’t think you could ever imagine what it’s like, and I hope you never do,” she said.
Two N.Y. men get probation for assaulting Ravens fan at M&T Bank Stadium - Baltimore Sun
Sentenced Without a Trial to be Released
A Mississippi man who has been in jail for 11 years without a trial for the alleged murder of his father soon will be released
Police say Steven Jessie Harris was arrested in October 2005 for the murder of his father, Malichi Randle. He was indicted with 11 different counts including murder in 2006, but a later ruling declared him incompetent to stand trial after he was diagnosed with schizophrenia.
Clay County Sheriff Eddie Scott says Harris at the time went on a crime spree shooting his father and cars. He also allegedly carjacked and stabbed a driver. Deputies pursued Harris and the spree ended in a shootout with police injuring three deputies, according to police.
Scott says Harris spent much of the past 11 years in the Clay County Jail in-between medical evaluations.
“He’s right back on the streets,” Scott told Fox News. “There’s no justice at all for the victims in this thing. The criminal courts and law enforcement [have] no jurisdiction over him at this point.”
Harris’ lawyer Carlos Moore says his client’s rights were violated and is working on a lawsuit against Clay County for damages. Moore took over Harris' case last year after being approached by his brother.
“You have a constitutional right to speedy trial, there shouldn’t be any cruel or unusual punishment,” Moore said. It’s very cruel and unusual to lock somebody up and throw away the key for 11 years without a trial. You have a fourth amendment right to no unreasonable searches and seizures. There were several constitutional rights that were violated.”
Moore notes that charges theoretically could be brought back against Harris if his mental state changes in the future but says he doesn’t see that happening. Charges levied against Harris were dismissed due to his mental status and he is expected to be released soon.
Mississippi man freed after 11 years in jail without a trial | Fox News
A Mississippi man who has been in jail for 11 years without a trial for the alleged murder of his father soon will be released
Police say Steven Jessie Harris was arrested in October 2005 for the murder of his father, Malichi Randle. He was indicted with 11 different counts including murder in 2006, but a later ruling declared him incompetent to stand trial after he was diagnosed with schizophrenia.
Clay County Sheriff Eddie Scott says Harris at the time went on a crime spree shooting his father and cars. He also allegedly carjacked and stabbed a driver. Deputies pursued Harris and the spree ended in a shootout with police injuring three deputies, according to police.
Scott says Harris spent much of the past 11 years in the Clay County Jail in-between medical evaluations.
“He’s right back on the streets,” Scott told Fox News. “There’s no justice at all for the victims in this thing. The criminal courts and law enforcement [have] no jurisdiction over him at this point.”
Harris’ lawyer Carlos Moore says his client’s rights were violated and is working on a lawsuit against Clay County for damages. Moore took over Harris' case last year after being approached by his brother.
“You have a constitutional right to speedy trial, there shouldn’t be any cruel or unusual punishment,” Moore said. It’s very cruel and unusual to lock somebody up and throw away the key for 11 years without a trial. You have a fourth amendment right to no unreasonable searches and seizures. There were several constitutional rights that were violated.”
Moore notes that charges theoretically could be brought back against Harris if his mental state changes in the future but says he doesn’t see that happening. Charges levied against Harris were dismissed due to his mental status and he is expected to be released soon.
Mississippi man freed after 11 years in jail without a trial | Fox News
Wow. For trying to abduct and kill two children. What is wrong with this country.........?
A man who pleaded guilty to the attempted abduction of an eight-year-old girl near Stanley Park, the aggravated assault of a five-year-old boy in Surrey and three counts of assault involving correctional officers has been sentenced to 40 months in prison.
Nathaniel David Jessup — who has been in custody since his arrest in September 2015 — appeared in B.C. Supreme court in Vancouver with short brown hair, a goatee and dressed in a red tie-dye T-shirt. He stood up for most of Monday's sentencing hearing.
With time served, Jessup will spend five months in prison.
Justice Paul Pearlman asked Jessup whether he had anything to say to the court, to which he replied: "No."
Crown lawyer Gail Banning began Monday's hearing by recounting the details of the aggravated assault of a five-year-old-child in Surrey.
The court heard how Jessup was friends with a man who lived in a trailer in an alley behind the young boy's home.
The day before the offence, Jessup met the child's parents briefly and had a conversation.
The next day, Jessup went into their yard uninvited while the family had friends over for dinner. The boy's father told Jessup it wasn't a great time to be there, but the five-year-old asked Jessup to come look at the chickens in the family's coop.
Jessup proceeded to pick up the child with both arms, which made the boy's father uncomfortable. He then saw the man who owned the trailer down the alley and went to speak to him about Jessup.
Not long after, he saw Jessup in a squatted position with his child who appeared to be unwell.
"The father observed that [the boy's] body was limp, his head was flopping around on his shoulders. His limbs were hanging loosely," said Banning
The boy later came to and the police were called to the home.
A doctor who testified in a preliminary hearing told the court it was clear the boy had been asphyxiated.
"When all the factors were put together it was difficult to come up with another diagnosis," said Banning.
The doctor said had the choking gone on longer, it could have caused permanent brain damage or death.
In September of 2015, Jessup grabbed an eight-year-old girl in an open-air parking lot near the north end of Denman Street by Stanley Park.
Banning told the court that the young girl was just metres behind her parents.
"[Jessup] grabbed her by the neck by holding his arm over her throat. He lifted her feet from the ground. She was able to breath but unable to speak," said Banning.
The girl was uninjured and her father eventually chased Jessup away.
Days later, Jessup grabbed a two-year-old girl while she was with her family near Lost Lagoon in Stanley Park. When the girl's father confronted the man, he released her and ran off.
Man who choked 5-year-old boy and tried to abduct 8-year-old girl sentenced to 40 months - British Columbia - CBC News
He's been in for abduction attempts before, just two years ago.
Global News Link
A man who pleaded guilty to the attempted abduction of an eight-year-old girl near Stanley Park, the aggravated assault of a five-year-old boy in Surrey and three counts of assault involving correctional officers has been sentenced to 40 months in prison.
Nathaniel David Jessup — who has been in custody since his arrest in September 2015 — appeared in B.C. Supreme court in Vancouver with short brown hair, a goatee and dressed in a red tie-dye T-shirt. He stood up for most of Monday's sentencing hearing.
With time served, Jessup will spend five months in prison.
Justice Paul Pearlman asked Jessup whether he had anything to say to the court, to which he replied: "No."
Crown lawyer Gail Banning began Monday's hearing by recounting the details of the aggravated assault of a five-year-old-child in Surrey.
The court heard how Jessup was friends with a man who lived in a trailer in an alley behind the young boy's home.
The day before the offence, Jessup met the child's parents briefly and had a conversation.
The next day, Jessup went into their yard uninvited while the family had friends over for dinner. The boy's father told Jessup it wasn't a great time to be there, but the five-year-old asked Jessup to come look at the chickens in the family's coop.
Jessup proceeded to pick up the child with both arms, which made the boy's father uncomfortable. He then saw the man who owned the trailer down the alley and went to speak to him about Jessup.
Not long after, he saw Jessup in a squatted position with his child who appeared to be unwell.
"The father observed that [the boy's] body was limp, his head was flopping around on his shoulders. His limbs were hanging loosely," said Banning
The boy later came to and the police were called to the home.
A doctor who testified in a preliminary hearing told the court it was clear the boy had been asphyxiated.
"When all the factors were put together it was difficult to come up with another diagnosis," said Banning.
The doctor said had the choking gone on longer, it could have caused permanent brain damage or death.
In September of 2015, Jessup grabbed an eight-year-old girl in an open-air parking lot near the north end of Denman Street by Stanley Park.
Banning told the court that the young girl was just metres behind her parents.
"[Jessup] grabbed her by the neck by holding his arm over her throat. He lifted her feet from the ground. She was able to breath but unable to speak," said Banning.
The girl was uninjured and her father eventually chased Jessup away.
Days later, Jessup grabbed a two-year-old girl while she was with her family near Lost Lagoon in Stanley Park. When the girl's father confronted the man, he released her and ran off.
Man who choked 5-year-old boy and tried to abduct 8-year-old girl sentenced to 40 months - British Columbia - CBC News
He's been in for abduction attempts before, just two years ago.
Global News Link
An Alberta man who admitted to punching and stomping his father to death and attacking his sister on the Trans-Canada Highway after a night of heavy drinking has been sentenced to 3½ years in prison.
Tristan Wesley, a 29-year-old Morley resident, was sentenced Thursday after pleading guilty to manslaughter in the July 2015 killing of Myles McLean.
The Morley resident, who had originally been charged with second-degree murder, also pleaded guilty to assault causing bodily harm in relation to the attack on his sister.
The court heard that the accused and his 55-year-old father had been drinking at a casino and were being driven home by the sister when the men got into an argument and Wesley started hitting his dad.
The vehicle stopped and McLean was beaten during two separate instances on the roadside — the second time when he tried to stop Wesley from striking his sibling after she tried to intervene.
The Crown had sought a prison term of five to seven years, while the defence argued for either a suspended sentence with probation, or a jail term of up to two years.
He had his sister stop near a rest area, where the two men got out and a fight ensued. Wesley knocked McLean to the ground and began to beat him before his sister tried to break it up.
Wesley then focused his aggression on his sibling; punching her, threatening her and dragging her onto the road.
McLean got back on his feet and stopped that attack but Wesley overpowered his father once again. McLean told his daughter to save herself before he was knocked unconscious. The daughter then drove to a nearby overpass to call 911.
Officers arriving at the scene discovered a lifeless McLean with a pulverized jaw and a bloodied Wesley nearby.
An autopsy determined McLean died from blunt-force trauma and suffered multiple skull fractures. A toxicology report found Wesley had a substantially high blood-alcohol level at the time of the fight.
Wesley's sentence includes credit for time served and he will remain behind bars for two years followed by 18 months of probation.
Alberta man sentenced to 3½ years for beating his father to death on side of Trans-Canada Highway - Calgary - CBC News
Tristan Wesley, a 29-year-old Morley resident, was sentenced Thursday after pleading guilty to manslaughter in the July 2015 killing of Myles McLean.
The Morley resident, who had originally been charged with second-degree murder, also pleaded guilty to assault causing bodily harm in relation to the attack on his sister.
The court heard that the accused and his 55-year-old father had been drinking at a casino and were being driven home by the sister when the men got into an argument and Wesley started hitting his dad.
The vehicle stopped and McLean was beaten during two separate instances on the roadside — the second time when he tried to stop Wesley from striking his sibling after she tried to intervene.
The Crown had sought a prison term of five to seven years, while the defence argued for either a suspended sentence with probation, or a jail term of up to two years.
He had his sister stop near a rest area, where the two men got out and a fight ensued. Wesley knocked McLean to the ground and began to beat him before his sister tried to break it up.
Wesley then focused his aggression on his sibling; punching her, threatening her and dragging her onto the road.
McLean got back on his feet and stopped that attack but Wesley overpowered his father once again. McLean told his daughter to save herself before he was knocked unconscious. The daughter then drove to a nearby overpass to call 911.
Officers arriving at the scene discovered a lifeless McLean with a pulverized jaw and a bloodied Wesley nearby.
An autopsy determined McLean died from blunt-force trauma and suffered multiple skull fractures. A toxicology report found Wesley had a substantially high blood-alcohol level at the time of the fight.
Wesley's sentence includes credit for time served and he will remain behind bars for two years followed by 18 months of probation.
Alberta man sentenced to 3½ years for beating his father to death on side of Trans-Canada Highway - Calgary - CBC News
Yeah, it's certainly proof of what a farce the justice system is. The bastard should be doing at least 20 years! Attacking his own sister is just reprehensible.
Lawyer to a sentenced convict- "I know the judge sentenced you to 3 consecutive life terms, but I'm sure on appeal we can get it reduced to one with no trouble at all"