AerospaceFan
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Six Months For Jumping Fence, Stealing Garbage

Tue Sep 05, 2006 3:32 am

Two men in Steamboat Springs, Colorado were sentenced to serve six months in jail and pay restitution of $15.00 for climbing a store fence and taking over-ripe food from a garbage area, according to a story in The Steamboat Pilot & Today. The sentence arose from a plea agreement through which a felony charge was apparently dropped.

According to one of owners of the store where the acts took place, the prosecutor in the case told him that he wanted to make an example out of the two. However, the owner said he considers the result excessive and "ridiculous", the story said.

See:

http://media.steamboatpilot.com/drudge/food.html?local_news

[Edited 2006-09-04 21:01:21]
What's fair is fair.
 
greasespot
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RE: Six Months For Jumping Fence, Stealing Garbage

Tue Sep 05, 2006 3:35 am

Ahhh a good use of the American Penal system......Lets toss jaywalkers away for life.....I mean everyone knows that stealing food garbage is a gateway to jaywalking which is them a gateway to serial killing...



GS
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AerospaceFan
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RE: Six Months For Jumping Fence, Stealing Garbage

Tue Sep 05, 2006 3:38 am

I think that, unless there were priors, six months for hopping a fence and taking garbage seems a bit much. Probation and a fine, maybe, but six months?

According to the story, prosecutor explained the basis for the sentence as follows:

Quote:
“They had a choice between accepting a deferred felony with 90 days in jail or a misdemeanor conviction with six months in jail,” St. James said Friday. “It came down to whether they wanted a felony conviction with less jail time or a misdemeanor with more jail.”

The story continued,

Quote:
St. James also asked Judge James Garrecht to fine the men $42 for each day they serve in jail, the standard cost of care for inmates. Garrecht refused.

Op. cit.

If the judge had granted the last request, and assuming a 180-day sentence, each man would have been liable for $7,560.00 for the cost of care.

[Edited 2006-09-04 20:48:12]
What's fair is fair.
 
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Jetsgo
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RE: Six Months For Jumping Fence, Stealing Garbage

Tue Sep 05, 2006 3:47 am

Where did the felony come from? Stealing $15.00 isn't a felony, although it is bad. How much you wanna bet they will spend all 6 months in jail while a DUI will come and go.


Chris
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AerospaceFan
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RE: Six Months For Jumping Fence, Stealing Garbage

Tue Sep 05, 2006 3:51 am

Quoting JetsGo (Reply 3):
Where did the felony come from? Stealing $15.00 isn't a felony, although it is bad. How much you wanna bet they will spend all 6 months in jail while a DUI will come and go.

It seems counter-intuitive, doesn't it? Hopping a fence and stealing such a small amount of stuff -- garbage, to boot -- how does that rise to second-degree burglary?

I think that, technically, burglary in Colorado might involve any breaking and entering in which property of any value is intentionally taken.

Another consideration is that the way that the prosecutor reportedly explained it, the felony might involve a lesser sentence than the misdemeanor. That sounds bizarre.

[Edited 2006-09-04 20:55:02]
What's fair is fair.
 
AerospaceFan
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RE: Six Months For Jumping Fence, Stealing Garbage

Tue Sep 05, 2006 3:54 am

Here is an interesting resource I just found on general concepts regarding the law of burglary:

http://faculty.ncwc.edu/toconnor/293/293lect10.htm
What's fair is fair.
 
jap
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RE: Six Months For Jumping Fence, Stealing Garbage

Tue Sep 05, 2006 6:34 am

6 months for stealing garbage...

A few months ago, a drunk driver hit a father who was walking with his kid. Both the kid and he died. This drunk driver got 2 years in jail. Period. Nothing more. For killing a baby and her father.

And someone gets friggin 6 months for stealing trash?! This is ridiculous! I realize this isn't Denmark, but Jesus Christ....  Sad
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AirCop
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RE: Six Months For Jumping Fence, Stealing Garbage

Tue Sep 05, 2006 7:16 am

Just wondering how much problems as the "Rainbow Family of Living Life" as caused the community of Steamboat Springs. They stayed in the forest of Northern Arizona a few years ago and left it in a mess, and then you have the problems they caused for local law enforcement. It should be noted the United States Forest Service has ruled all Rainbow Family gathering on forest service land as illegal. (www.welcomehome.org/rainbow.html). This reaction by the prosecutor might be a message to the family not to return.
 
itsjustme
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RE: Six Months For Jumping Fence, Stealing Garbage

Tue Sep 05, 2006 8:11 am

Quoting AirCop (Reply 7):
Just wondering how much problems as the "Rainbow Family of Living Life" as caused the community of Steamboat Springs.



Quoting AirCop (Reply 7):
This reaction by the prosecutor might be a message to the family not to return.

I'm not familiar with the "Rainbow Family" but they remind me of a large number of "Deadheads" that were bothersome for residents and cops in MI. A small, quaint suburban Detroit town was also the home of an outdoor Amphitheatre where The Greatful Dead would appear from time to time. The Deadheads would literally take over the town, camping out on street corners, in store doorways, parks and even in the median of I-75. The majority of these "people" were unkept, dirty, and just plain nasty in appearance (not to mention quite a few were found to have outstanding warrants) and would leave a trail of trash and litter wherever they chose to camp out. The property crime rate would escalate whenever The Grateful Dead appeared and it didn't take a rocket scientist to come to the conclusion that the Dead Heads were responsible for the increase in crime. Cost to the taxpayers for stepped up police patrols was substantial. For that reason, the cops would make arrests and judges would impose stiff fines and jail sentences for crimes that may, under other circumstances, be handled differently. By no means were charges fabricated. Cops would just become more aggressive when enforcing the local ordinances for littering, loitering, trespassing, and the like.

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