A plea for your thought and prayers

[Kruzin]

No legal requirement for an allocution with a plea deal?!?

No...it's a little thing called the fifth ammendment. He has the right not to incriminate himself or testify in any way.
We have a better shot at hearing his side in the civil case in April. For the criminal side, he pled out, and that's that.

[Dr Mordrid]

Here prosecutors make allocution part of the plea deal - and since the 5th is voluntarily surrendered, they can make the deal or not, it isn't considered an issue.

[Kruzin]

BTW...here's what he plead guilty to...

A) Driving while license suspended. Misdemeanor.
1-30 days in the clink. Revoked license for no less than a year (not that that stops him obviously)

B) Assault with a deadly weapon. Misdemeanor.
This charge was for my son's best friend, Matt, who was also hit and suffered minor physical injuries. Might do a few weeks for that charge.

C) Criminally negligent homicide. Class 5 felony.
It's his second felony. We find out Friday what he gets for that...

[Dr Mordrid]

Michigan -

a) up to 1 year for misdemeanor, up to 5 years for felony (ex: causes a death)

b) ADW + death = felony, 6-10 years

c) negligent homicide = 2 years HOWEVER, it is not unusual here for a case like this ti be charged as either vehicular manslaughter with a sentence of up to 20 years OR murder 2 with a sentence of up to life.

And, judges can (and often do) order sentences be served consecutively instead of.concurrently.

[Kruzin]

Sentencing was this morning.
It was quite the ordeal.

Bottom line, he got hit with 2 years in the county jail, on a work-release program, and 5 years "intensely supervised" probation on each of the three charges. To be served concurrently. Also 20k$ restitution to the Colorado victim assistance fund (who paid for the mortician, funeral, grief counselors, etc.).

He checks out of the jail in the morn, finds a job, works, checks back into jail at the end of the day. What he earns goes toward his restitution. If he sticks with the program, he could be out in a year on probation. If he screws up, he does the full term in the county jail.

It's not as much as I hoped for, but better than we were warned could have happened...

[Dr Mordrid]

Disgusting

[Kruzin]

I do believe this was an accident. I do believe there was no malice intent.

Today was the first time I actually saw him face to face.
He was obviuosly told not to say anything by his lawyers.
But I could see him crying during our 2 hour long presentation.

I choose to believe this young man can do something possitive with his life.
He's been given a chance...It's up to him now...

I only wish he had given a reason WHY this happened....and it was mentioned multiple times today, but the court could not violate his 5th ammendment rights.....so all he would say was basically "I take full resposibilty for what happened. I appologise to the family, and if I could change what happened I would".

Now just waiting to see if he can live up to the opportunity he's been given, or if he chooses the blow this chance, in which case, my family and friends will bury him.

[Umfriend]

WHAT?????

What if he fails probation? Dudes like him, IMHO, stand a good chance of breaking that one, certainly in 5 years (although I sense some cyinicism in your post, was there not probation time left for the previous felony?).

[Kruzin]

So......been a while...update....

The guy went on the work release program out of the county clink.
He tested hot for opiates (they say prob heroin) within 2 months.
They locked him up for 3 months just for that.
Then he got re-sentenced for the original charges.
18 months, minus time served in the county clink (which I'm told is not nearly as plush as the state prison). He'll prob do about a year.
Then 5 years 'highly supervised' probation...and if he blows that he goes back to the clink.

He did write the family a weak apology letter, taking full responsibility, but still not telling us what really happened.


The civil suit goes to a Jury in April, and his employer is against the wall.
Depositions went down a couple weeks ago.
Employer knew the guy had a horrible driving record, and knew he had a suspended license when he was hired.
Also knew his criminal record and drug abuse history.
Then gave him a truck to drive.
Hopefully the Jury comes down on our side

[Dr Mordrid]

May he repeat-violate himself into several years in the pokey, then OD himself into oblivion. As for his employer, here he could (and probanly would) be charged criminally as well. Seen it happen under similar conditions.

As for the civil case, hopefully the jury bankrupts all concerned and assignes heavy punitive damages. What slimes.

[Evildead666]

The Jury would have to be blind or bought to not come down on your side.

[cjolley]

...
He tested hot for opiates (they say prob heroin) within 2 months.
...
but still not telling us what really happened.
...

I could have a heart attack and die from not-surprised.

Our thoughts and prayers are still with you and yours always.

[Kruzin]

Unfortunatly, Colorado is full of Californian bleeding hearts these days.
One of the things I don't miss about living there.
Just north, here in Wyoming, they would string the guy and his boss up by their jewels, and it'd be done by now.

We will probably have to go to arbitration before the trial, then if they don't come up with a reasonable settlement, we roll the dice on getting a good jury...

[Dr Mordrid]

Unfortunatly, Colorado is full of Californian bleeding hearts these days. One of the things I don't miss about living there.

Just north, here in Wyoming, they would string the guy and his boss by their jewels, and it'd be done by now.
>

Same in Michigan - he'd have been slapped silly with vehicular homicide or murder 2. That would be 15-life, and our life is natural life not the 25 years w/parole at 7 years BS in some states. As I said, even our "liberal" judges will blast away when sentencing cases like this.

[Pace]

What a thread to read, and it's been so long since it happened. I hope you're finding some peace these days.

19... I also hope stories of Robert/Bobby are still told by friends and family. Feel free to share any, let us know some of the good kid he was.

How is your friend's son doing?