2015.08.26 Jimmy Rodgers: Charged with Murder in the Second Degree

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Here's a legal definition of "mitigating circumstances" in criminal law.

mitigating circumstances

n. in criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offense the prosecutor charges or influence reduction of the penalty upon conviction. Example: a young man shoots his father after years of being beaten, belittled, sworn at, and treated without love. "Heat of passion," or "diminished capacity" are forms of such mitigating circumstances.
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http://legal-dictionary.thefreedictionary.com/Mitigating+Circumstances
 
He bought a van, a family type car, a thing his gf wanted.

What if (ohgodshutmeupnowtoolate) JR didn't kill TS, and didn't even know there was to be a murder. He's an accessory by virtue of his presence before, during and after and the presumed knowledge that a $10k payday for a weekend wasn't honest, but he never thought murder was involved. He couldn't resist the trip because the cash was too tempting with a family to support. He knew he was risking his freedom just by leaving the state. I'd love to know what CCW about the upcoming trip if anything. JR may have thought that one trip to transport drugs (example) or stolen computers, was worth that kind of money and maybe he'd do it just this once.

He bought a van. He could have done so many other things with the cash, but he chose something that benefited his family. As you said, he wasn't afraid of honest, hard work. He had an excellent work record, his boss said "never a problem" or something similar. I wonder what his behavior was between arriving home after that weekend and his arrest 12 days later. At what point did he tell his gf what happened? Was it soon after returning or when he knew he was a suspect?

CWW is a real ***** for dragging JR down into something this unthinkable. Not that JR isn't responsible for his own actions, but he may never have dreamed of doing anything even close to murder but not for CWW. What if JR had been living a relatively straight life, doing the right thing and was finally going to have a family home life? It was a huge jump from his relatively small crimes to a pre-planned and very personal murder. He also could have been apprenticing to CWW in a life of crime for all I know. CWW played on the fatherly figure relationship. I don't know why, but I want to believe that he was groomed and manipulated by CWW.

creepingskills said:
No doubt, and I think JR's 'hit man' narrative was born in prison (possibly to appear tougher than he is/was). However, it doesn't appear that JR tried to capitalize off his prison connections after release. Career criminals usually can't hold down a job, they're too entitled and mixed up in the criminal underworld. Always looking for the next scam, opportunity. If I had to guess, I'd say JR had a hard time in prison emotionally. I think he saw how much life he missed out on while locked away.

JR had no problem working hard for an honest day's pay. Not to say he wouldn't take a bonus from CWW, I'm just pointing out that he didn't appear to take an illegal shortcut for money right after prison like some felons do, he sought and maintained a normal, labor intensive job. Illegal acts certainly pay more for less work. And IIRC, there was talk of JR receiving training in irons works? Or something like that, welding? He was learning a trade, bettering himself, trying to move away from the label of FELON, criminal, troubled kid.

And completely JMO, and entirely irrelevant but I couldn't help notice how JR was the most dressed up at CWW's wedding. A sign of respect, not only to CWW but for himself, his future self maybe? JR mentioned to his employers about how his 'brother' was going to buy him a new wardrobe. Super strange thing to say and lie about. If he was truly expecting clothes (from CWW or MS:thinking:) and was excited, isn't that a little bit sad?
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Poppyflower said:
Maybe JR was CWW's apprentice for being a hit man. Maybe CWW lured JR to FL then sprung the killing of TS on him at the very last second with a gun to his head and threats on his pregnant girlfriend?
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omg, you posted this while I was writing mine, lol. Yours is much more clear!
 
RANCH said:
Of course they would try to present any mitigating circumstance's that they could possibly get before the jury.

The death of a parent just wouldn't work for me.
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Mitigating factors are mostly used during the penalty phase. And sometimes in the pre charging phase.
 
Bobbywoo said:
IMO his whole facebook page was very ****gish. He seemed to fancy himself as the tough bad guy. And I also recall him being disrespectful to his girlfriend on his page.
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I didn't get the chance to see the fb pages before removal. I didn't know about this part. I do think in large part it was an act. As odd as this sounds, he didn't look the part of badass. Many times, people who have to tell you how bad they are, aren't. Sort of a protective shell. However, if he was publicly (privately we don't know yet) being disrespectful to his gf and mother of his unborn child, as disgusting as that is, it's definitely immature and likely also a show. A show, but the end result is the same and he should have been called out for it. Maybe she's the same. I hope someone got screenshots.
 
FelicityLemon said:
He bought a van, a family type car, a thing his gf wanted.

What if (ohgodshutmeupnowtoolate) JR didn't kill TS, and didn't even know there was to be a murder. He's an accessory by virtue of his presence before, during and after and the presumed knowledge that a $10k payday for a weekend wasn't honest, but he never thought murder was involved. He couldn't resist the trip because the cash was too tempting with a family to support. He knew he was risking his freedom just by leaving the state. I'd love to know what CCW about the upcoming trip if anything. JR may have thought that one trip to transport drugs (example) or stolen computers, was worth that kind of money and maybe he'd do it just this once.

He bought a van. He could have done so many other things with the cash, but he chose something that benefited his family. As you said, he wasn't afraid of honest, hard work. He had an excellent work record, his boss said "never a problem" or something similar. I wonder what his behavior was between arriving home after that weekend and his arrest 12 days later. At what point did he tell his gf what happened? Was it soon after returning or when he knew he was a suspect?

CWW is a real ***** for dragging JR down into something this unthinkable. Not that JR isn't responsible for his own actions, but he may never have dreamed of doing anything even close to murder but not for CWW. What if JR had been living a relatively straight life, doing the right thing and was finally going to have a family home life? It was a huge jump from his relatively small crimes to a pre-planned and very personal murder. He also could have been apprenticing to CWW in a life of crime for all I know. CWW played on the fatherly figure relationship. I don't know why, but I want to believe that he was groomed and manipulated by CWW.
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More details:

Rodgers' only Missouri felony charge was filed in 2007 when, at age 17, he was accused of resisting arrest by fleeing in Monroe County, Mo. He was sentenced to five years probation. His lawyer at the time said that Rodgers was in a “hot rod” and didn't immediately pull over for police.

According to sources, that state felony conviction was the basis of a federal charge of unlawful possession of a firearm by a felon that was filed in 2009. Officials said he was caught with 43 rifles, pistols and shotguns that belonged to his deceased father.

His lawyer in the federal case said in court filings that Rodgers had been told that as long as he did not touch the firearms there, he could return to the house he shared with his brother.
http://dailyjournalonline.com/news/...cle_c8607c83-a555-55fb-ad10-e906ebf2e6ed.html
 
DexterMorgan said:
Mitigating factors are mostly used during the penalty phase. And sometimes in the pre charging phase.
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I believe you are correct.

I'm mainly talking about my personnel feelings and not how I could change the outcome of any particular case using those feelings.

I should have left the word "juror" out of my posts.

JMO
 
FelicityLemon said:
I didn't get the chance to see the fb pages before removal. I didn't know about this part. I do think in large part it was an act. As odd as this sounds, he didn't look the part of badass. Many times, people who have to tell you how bad they are, aren't. Sort of a protective shell. However, if he was publicly (privately we don't know yet) being disrespectful to his gf and mother of his unborn child, as disgusting as that is, it's definitely immature and likely also a show. A show, but the end result is the same and he should have been called out for it. Maybe she's the same. I hope someone got screenshots.
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I see I QUESTION lurking around....hopefully she did? It was totally abstract to how I think he really treated her upon learning more about them.
 
RANCH said:
I believe you are correct.

I'm mainly talking about my personnel feelings and not how I could change the outcome of any particular case using those feelings.

I should have left the word "juror" out of my posts.

JMO
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Agreed. Losing a parent still wouldn't justify or garner any sympathy from me for this particular heinous crime on a beautiful mother of 2 as well.
 
RANCH said:
Here's a legal definition of "mitigating circumstances" in criminal law.




http://legal-dictionary.thefreedictionary.com/Mitigating+Circumstances
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Not a reliable source. In a death penalty prosecution, this is what mitigation means (cut & pasted from mitigation treatise):

1. Defects in the capital defendant’s intelligence, psychological and emotional makeup, maturity and development as an adult, and character which may explain why he or she engaged in the behavior that led to the homicide and help the jury understand why it happened and why a life sentence is appropriate.

2. Positive aspects of the capital defendant’s character and life that may give the jury a reason to vote for life because the defendant hasn’t always behaved the way he or she did at the time of the homicide.

The ABA Guidelines for Appointments and Performance in Death Penalty cases 11.3.19(c), p. 93 (1989) and ABA Standards for Criminal Justice 4-4.1.1, Commentary, p.4-55, were relied upon heavily by the United States Supreme Court in Wiggins v. Smith, 123 S. Ct. 2527 (2003). In that opinion the Supreme Court made it absolutely clear that trial counsel representing an accused person facing the death penalty was responsible to investigate and prepare “a rigorously developed social history of the accused.” The Supreme Court mandated that a social history be prepared as a basic component of investigation and should include “medical history, educational history, employment and training history, family and social history, prior adult and juvenile correctional experience, and religious and cultural influences.”
 
creepingskills said:
More details:

Rodgers' only Missouri felony charge was filed in 2007 when, at age 17, he was accused of resisting arrest by fleeing in Monroe County, Mo. He was sentenced to five years probation. His lawyer at the time said that Rodgers was in a “hot rod” and didn't immediately pull over for police.

According to sources, that state felony conviction was the basis of a federal charge of unlawful possession of a firearm by a felon that was filed in 2009. Officials said he was caught with 43 rifles, pistols and shotguns that belonged to his deceased father.

His lawyer in the federal case said in court filings that Rodgers had been told that as long as he did not touch the firearms there, he could return to the house he shared with his brother.
http://dailyjournalonline.com/news/...cle_c8607c83-a555-55fb-ad10-e906ebf2e6ed.html
Click to expand...

EXACTLY! Weeks ago when someone posted his "criminal record" I thought how sad it was. I thought "that's the criminal record?" I also thought how it could have gone completely the other way as so many do when police recognize it's not a hardcore bad guy running from the police after robbing or raping someone!

Jeezopeez, when I was in high school, more than a couple of guys did the same thing and there were no arrests. Times have changed in 40 years.

The firearms issue could have been taken care of in other ways, as well. They were inherited, not amassed by him for some shootout or gang activity as far as I know. Again, there are so many things we don't know. Maybe he was a punk.

It snowballed in a very bad way. There are countless times I get so angry when defense lawyers bring up the childhood of accused murders because I believe ultimately we are responsible for our actions. I know our behavior and actions are colored by our experiences, but in the end, we decide what we do, nobody else. This just seems like there might be something different.

This is just all so fascinating.
 
RANCH said:
Of course they would try to present any mitigating circumstance's that they could possibly get before the jury.

The death of a parent just wouldn't work for me.
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How about 2 parents?
 
DexterMorgan said:
Mitigating factors are mostly used during the penalty phase. And sometimes in the pre charging phase.
Click to expand...

I think mitigation evidence is always used during the pre-trial phase in federal capital cases, I'd assume the process is similar in FL state capital cases. The US attorney considers whether the applicable statutory aggravating factors and any non-statutory aggravating factors outweigh the applicable mitigating factors and justify a sentence of death.
 
Rodgers didn't just get busted because he thought it was okay to live in a house with multiple guns as a convicted felon. Check this out.

His lawyer in the federal case said in court filings that Rodgers had been told that as long as he did not touch the firearms there, he could return to the house he shared with his brother.

Federal prosecutors disputed that, and said Rodgers continued to acquire new guns after his state conviction. They noted that he was arrested in 2010 for possession of a sawed-off shotgun. In 2011 he pleaded guilty and was sentenced to 57 months in federal prison. He was released in September 2014.
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He was busted with new guns including an illegal sawed-off shotgun.

Under the National Firearms Act (NFA), it is illegal for a private citizen to possess a sawed-off modern smokeless powder shotgun (a shotgun with a barrel length shorter than 18 inches (46 cm) or an overall length shorter than 26 inches (66 cm)) (under U.S.C. Title II), without a tax-paid registration from the Bureau of Alcohol, Tobacco, Firearms and Explosives, requiring a background check and either a $200 or $5 tax for every transfer, depending upon the specific manufacturing circumstances of the particular sawed-off modern shotgun being transferred.
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I'm not sure if Rodgers altered the gun himself or he bought it in it's illegal condition. He sure as hell didn't buy it a his local gun store like that.

It doesn't matter. Guy's like him need to be put away for a lot longer than 57 months in my opinion.

http://dailyjournalonline.com/news/...cle_c8607c83-a555-55fb-ad10-e906ebf2e6ed.html

https://en.wikipedia.org/wiki/Sawed-off_shotgun#USA
 
FelicityLemon said:
EXACTLY! Weeks ago when someone posted his "criminal record" I thought how sad it was. I thought "that's the criminal record?" I also thought how it could have gone completely the other way as so many do when police recognize it's not a hardcore bad guy running from the police after robbing or raping someone!

Jeezopeez, when I was in high school, more than a couple of guys did the same thing and there were no arrests. Times have changed in 40 years.

The firearms issue could have been taken care of in other ways, as well. They were inherited, not amassed by him for some shootout or gang activity as far as I know. Again, there are so many things we don't know. Maybe he was a punk.

It snowballed in a very bad way. There are countless times I get so angry when defense lawyers bring up the childhood of accused murders because I believe ultimately we are responsible for our actions. I know our behavior and actions are colored by our experiences, but in the end, we decide what we do, nobody else. This just seems like there might be something different.

This is just all so fascinating.
Click to expand...

I think it is that article that goes on to say he got a sawed off shotgun and amassed more guns.

He may have been busted on the only thing they could get him on. He could have been doing other things but LE could inly bust him when they did.
 
creepingskills said:
16 hour trip, give or take. IMO, possible to drive straight through. After all, has been said by Skinner that CWW did this drive all the time, it was nothing to him.
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Great, just what the public at large need: someone on the road driving 16 hours, no sleep, tweaked out... great.
 
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