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Originally Posted by Greyghost
Jist that I'm getting on this now is that the officer one Keith Elgin Shepard has layered up tight. But looks like he was a civilian GS-07 from a military base that might not have been authorized to carry off base, and the weapon used was not an issued weapon, but rather a personal Glock 17 9mm loaded with Hydrashocks. His lawyer was saying he was a decorated service member who had served 2 tours in Iraq.

Probably thought the dog was a terrorist!


Phil
Interesting. So, what was he? A civilian security guard on a military base?

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i should be understood that a plea deal is a deal between the prosecution and defense and not written in stone...

for example had a child molester plead out a year or so ago.....he was 70 something and had an illness that means it was unlikely he would live a couple years in prison.....prosecution and defense agreed to 20 years in prison......got before the judge and the judge told him that he was the kind of sexual predator that scared him the most as he had gotten away with it and fooled alot of ppl by preying on defective youth that no one took seriously.....judge gave the [bleep] 100 years cause he wanted to make sure he never got out.....


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Originally Posted by rattler
i should be understood that a plea deal is a deal between the prosecution and defense and not written in stone...

for example had a child molester plead out a year or so ago.....he was 70 something and had an illness that means it was unlikely he would live a couple years in prison.....prosecution and defense agreed to 20 years in prison......got before the judge and the judge told him that he was the kind of sexual predator that scared him the most as he had gotten away with it and fooled alot of ppl by preying on defective youth that no one took seriously.....judge gave the [bleep] 100 years cause he wanted to make sure he never got out.....



Yeah, but in a plea bargain, if the judge does not accept the plea, the accused always has the option to withdraw his plea and enter a plea of not guilty. That is a plea bargain.

Anything else is essentially a naked plea.

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Don't want to speculate, but that's what it's looking like. Latest I've heard is that the police are now saying the full investigation should be complete within 72 hours and that the evidence will be turned over to the States Attorney General...


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Quote
Jist that I'm getting on this now is that the officer one Keith Elgin Shepard has layered up tight. But looks like he was a civilian GS-07 from a military base that might not have been authorized to carry off base, and the weapon used was not an issued weapon, but rather a personal Glock 17 9mm loaded with Hydrashocks. His lawyer was saying he was a decorated service member who had served 2 tours in Iraq.


If that turns out to be the case it sure won't fit Hawk's agenda. Damn double standard.

I'll wait to see how it plays out.

George


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Originally Posted by NH K9
If that turns out to be the case it sure won't fit Hawk's agenda. Damn double standard.

I'll wait to see how it plays out.

George
laugh It fits perfectly. Only after they figured out he wasn't quite a member of the fraternity did they start treating him like a member of the vast unwashed.

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When a man's feet are 'firmly' planted on a floating bog, it makes it easier to change his stand. Believing anything the media has to say is a floating bog.


"Keep thy heart with all diligence; for out of it are the issues of life." (Prov 4:23)

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Originally Posted by NH K9
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No plea bargaining for me. Plea bargaining should not be allowed for anyone cop or citizen.


Maybe they shouldn't but they are unless you're a cop.

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Every body should lose their job because of DUI or reckless op.


Maybe they should but most don't. Even those that rely on their licenses can wait out the suspensions. Few OTR truckers will ever do so again, but it happens.



George


Pretty dam sure as I hold a Class A CDL that you get a DUI, even in your personal car,you're done, no occupational license. So in essence, you just lost your livelihood for good


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Was the killer of the dog a drunk driver of a car in the dog park, or did I miss something? confused O, yah! It's about bashing cops, not killing puppies, I forgot. Sorry!


"Keep thy heart with all diligence; for out of it are the issues of life." (Prov 4:23)

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That's why I prefaced my statement with few . I've seen some CDL A guys wait for a few years and go back to driving. I would imagine insurance concerns keep it from happening more.

George


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Originally Posted by The_Real_Hawkeye
Originally Posted by NH K9
If that turns out to be the case it sure won't fit Hawk's agenda. Damn double standard.

I'll wait to see how it plays out.

George
laugh It fits perfectly. Only after they figured out he wasn't quite a member of the fraternity did they start treating him like a member of the vast unwashed.


Weak at best.


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Originally Posted by DINK
Originally Posted by VAnimrod
Originally Posted by DINK
RWE I knew better than to read you post while I was eating lunch....damn near choked to death.....

Dink


You should try actually having lunch with him some time......


I don't know how the two of you could have lunch together....you guys are funny.

Dink


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You're buying of course, as that's the rule for newcomers.

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You guys can crap on me all you want but I know how the system works.

Defense attorney wants a plea bargain because he wants his calendar free in case a lucrative client comes or go chase ambulances or go play golf or whatever, the last thing a criminal attorney wants to do is defend Joe Six-pack who hasn't two nickels to rub together.

Prosecuting attorney wants a plea bargain to put more conviction notches on the political belt because every prosecuting attorney has grand visions of the gold ring, US Senator.

The Judge, ah the Judge, there are some really good judges but way to many judges graduated at the bottom of their class all they want to do is clear the decks to they go golfing, boating or whatever. For many judges the best job they'll ever have in the legal profession is the judgeship.

See I know how the game works we have an adversarial justice system and all the pros are actors playing a part. The best actor wins. With any kind of luck the poor sucker who's the football between actors will get justice but more often than not he won't.


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Poor guy has spiraled straight into dementia. He's content in his babbling confusion though so I think it best that I just let him wallow there.

The sibling rivalry between he and Hawkeye as to who can out-stupid the other is fun to watch and they're usually neck and neck on any given day. DD is edging him by a nose today but Hawkeye clearly won the day yesterday. There's always tomorrow!


The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.
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Your scenario might hold water at the Superior Court level (not so in most cases, IME, but I'll concede to might) but what about the District Court level.

Joe Six Pack is charged with a misdemeanor of your choice (in NH a Class B won't get you a court appointed) and may or may not be able to afford a lawyer. Does he roll the dice to pay for one knowing that he's probably going to be convicted if the State has a good case or does he take a plea to save himself the fees and probably some fine money. I don't offer a lawyer a better plea deal than I do to Joe Six Pack and, in fact, if the lawyer is an azzhole I won't bother to deal at all.

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Prosecuting attorney wants a plea bargain to put more conviction notches on the political belt because every prosecuting attorney has grand visions of the gold ring, US Senator.


Now I know you're joking. I don't think any of the prosecutors in the CA's Office hold aspirations higher than making it to the AG's Office or, most likely, becoming a partner in a private practice.

Lets take it back down to the District Court level again, though. If I'm not prosecuting my own cases its going to be my Chief or one other member of my Dept. Do you seriously think any of us give a rat's azz about conviction %s? We just want to get through the case load and get the hell out of Dodge.

George


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Originally Posted by isaac
Poor guy has spiraled straight into dementia. He's content in his babbling confusion though so I think it best that I just let him wallow there.

The sibling rivalry between he and Hawkeye as to who can out-stupid the other is fun to watch and they're usually neck and neck on any given day. DD is edging him by a nose today but Hawkeye clearly won the day yesterday. There's always tomorrow!
And, dag burnit, I intent to come out on top tomorrow. grin

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Originally Posted by NH K9
Your scenario might hold water at the Superior Court level (not so in most cases, IME, but I'll concede to might) but what about the District Court level.

Joe Six Pack is charged with a misdemeanor of your choice (in NH a Class B won't get you a court appointed) and may or may not be able to afford a lawyer. Does he roll the dice to pay for one knowing that he's probably going to be convicted if the State has a good case or does he take a plea to save himself the fees and probably some fine money. I don't offer a lawyer a better plea deal than I do to Joe Six Pack and, in fact, if the lawyer is an azzhole I won't bother to deal at all.

Quote
Prosecuting attorney wants a plea bargain to put more conviction notches on the political belt because every prosecuting attorney has grand visions of the gold ring, US Senator.


Now I know you're joking. I don't think any of the prosecutors in the CA's Office hold aspirations higher than making it to the AG's Office or, most likely, becoming a partner in a private practice.

Lets take it back down to the District Court level again, though. If I'm not prosecuting my own cases its going to be my Chief or one other member of my Dept. Do you seriously think any of us give a rat's azz about conviction %s? We just want to get through the case load and get the hell out of Dodge.

George
George, having personally seen the world from the perspective of a DA's office (I did a law internship there), I can attest that convictions are what they're all about. They could give a rat's ass whether someone's guilty or innocent.

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Originally Posted by RWE
Originally Posted by DINK
Originally Posted by VAnimrod
Originally Posted by DINK
RWE I knew better than to read you post while I was eating lunch....damn near choked to death.....

Dink


You should try actually having lunch with him some time......


I don't know how the two of you could have lunch together....you guys are funny.

Dink


We'll save you a spot for the next one.

You're buying of course, as that's the rule for newcomers.

Effective today.


[bleep] rules........lol

Dink

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I won't argue what you experienced in that DA's office, but I will tell you it doesn't hold water here unless you want to talk about the "big" stuff. Obviously nobody wants to be the CA/ACA that lost a rape/whatever case.

When you get into the "other" felonies they're looking for ways not to bother going to trial. We now have "Family Court" to handle DV, etc. We have "Drug Court" so we can get the low level drug schit out of the way. "Mental Health Court", blah blah blah.

It's not about conviction rates, it's about saving time and money.

That still doesn't address the fact that most "Joe Six Packs" will only have to deal with the Court on a lower level. Most only for violations/low level misdemeanors. Pleas make the world go 'round there.

George

Last edited by NH K9; 08/08/10.

�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Forty freakin' pages......................... C'mon guys, get a life or something..


You can roll a turd in peanuts, dip it in chocolate, and it still ain't no damn Baby Ruth.
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