ND ND - Thomas 'Tom' Bearson, 19, Fargo, 20 Sep 2014 #3

[CantNotCare]

I'm looking through some other dates w/ DUI's (unrelated to TB) and I see a few that had the "Required Condition" as well as arrest and sentencing the same day along with the exact same charges TB got.

Thank you mama sleuth! I'd like to know what "1 Required Condition" means exactly with a few having it, perhaps it is so vague because it can vary what that condition might be.

 

[Proudpapa]

I don't know why they do this here but I know it is done.

 

[mama sleuth]

Thank you mama sleuth! I'd like to know what "1 Required Condition" means exactly with a few having it, perhaps it is so vague because it can vary what that condition might be.

Look through the arrest records CNC. All that I viewed; Minors w/DUI shows #1 as a Required Condition so I'm not seeing anything unusual there. I will also retract my concern about the requirement of #3 - Complete Chemical Dependency Evaluation. Again, that shows up on other arrest records as well.

 

[Rocco]

Thank you mama sleuth! I'd like to know what "1 Required Condition" means exactly with a few having it, perhaps it is so vague because it can vary what that condition might be.

I think you're right---it probably varies and is up to the discretion of the Judge. Perhaps something like 'must refrain from using alcohol'.

 

[TC_MN]

Look through the arrest records CNC. All that I viewed; Minors w/DUI shows #1 as a Required Condition so I'm not seeing anything unusual there. I will also retract my concern about the requirement of #3 - Complete Chemical Dependency Evaluation. Again, that shows up on other arrest records as well.

I know over here in MN, every single DUI I have ever heard of from friends, they've had to do the evaluation. I also know you can usually plead down your first one to reckless, but they tack on alcohol which does no good for insurance costs.

 

[Proudpapa]

The pleading down - of the couple i have knowledge of - it took a lawyer and court dates. Certainly not a same day thing. All this is nearly moot since I'm speaking of the great state of SD. Land of Pheasants - the Corn Palace - and the Jackalope. Yippee....

 

[IBsleuthin]

I don't know you personally IBSLEUTHIN but I am willing to bet money that if someone in your family was murdered, you'd be finding out ALL OF THE DETAILS about his DUI & any other piece of information about the last month of his life you could get your hands on. That is simply what I am suggesting the Bearson's do. That they don't let their grief get in the way of finding justice as many might tend to do.

What is so crazy about that?

If your son got a DUI and it was reported that he was taken to the hospital by LE that night after his DUI, why is it so crazy to find out why he was there? BAC can be done from the jail and by police. We all know that. Why would they suspect other drugs?! That is my legitimate question. And I'm not crazy for asking it either.

Do you think we should always trust LE? Or should we "trust but verify" on our own? I'd go with the latter. It's not that crazy to suggest it either.

If this was my son, ...

( I don't think you are 'crazy' for suggesting these ideas, I just think we aren't helping things by saying what the Bearsons should or shouldn't do).

 

[ATasteOfHoney]

2 1/2 months and they have waited longer?? Good lord this isn't a major area with tens or twenty homicides a day!! But, any news is good news at this point. I'm guessing that tennis shoe and phone were tossed in a dumpster a few minutes after he died. I wonder if they went to the RV place to party? I know I read or saw where the owner said they kept them unlocked, can't remember if they had security cams or not, pretty brave souls if they don't. Those rvs wouldn't be around very long if that were in Dallas.

ITA Sailor.
Maybe if they wait a little longer, the perp will get so disgusted & exhausted that he will turn himself in? What a strategy! (Insert sarcasm)
I am not bashing LE so please don't misunderstand.....what I mean is there has to be a delay for a *reason* in this case.

Crikey....this case should be easy:
You have someone that tipped off LE & told them where to find the body. This is important. This is a person willing to talk & provide further info.
You have the "cloud" storing backup from TB's I-phone, tons of texts, tweets & SM, you most likely have DNA on TB's clothing from the perp(s), as well as autopsy & toxicology. You also have video surveillance of surrounding stores/cameras. You also have peeps that could give you information (snitches who get busted for small crimes & bargain with LE for info). You have an unorganized kill here. Sloppy, not premeditated, not a professional "hit".

Should be easy....
so why isn't it?


I don't know my way around "bisons", "Norwegian hens", & "storm fronts" but I know when I see LE bidding their time....& I feel they are here.

But why?
Is there someone they're protecting? An informant? A person with political power or of a prestigious family?

What?

All moo & all speculation!

 

[Proudpapa]

Is there someone they're protecting? An informant? A person with political power or of a prestigious family?

I have a hard time imagining its something that Hollywood/sexy, honey. My wager is they're waiting on something mundane that is key to an arrest (not really mundane then - maybe relatively routine is better) OR they've got big handfuls of nothin.

 

[BankingOnIt]

Like I said---he received 20 hrs of community service in lieu of the 2 days. Look at my post, #550. Hard to argue the court record.

If he did, then he did get preferential treatment. An aggravated DUI according to ND law requires 2 days of jail time. Or I thought that was the law. I could be wrong.

 

[Rocco]

If he did, then he did get preferential treatment. An aggravated DUI according to ND law requires 2 days of jail time.

I'm banking on it :dance: that judges must be able to use discretion and allow community service instead of the 2 day jail time and others have been afforded the same consideration.

First time offender, student, pled guilty.

 

[ATasteOfHoney]

I have a hard time imagining its something that Hollywood/sexy, honey. My wager is they're waiting on something mundane that is key to an arrest (not really mundane then - maybe relatively routine is better) OR they've got big handfuls of nothin.

Please don't tell me they're waiting on finding the size 9 1/2 size Air Jordan sneaker....ugh, please no, PP!!

 

[Rocco]

:slap: <--- that will be IBS to Rocco any minute now! Lol!

I know ladies don't like to speak about their age so I was just taking the liberty of answering for her. You know, just trying to help her out a little. Surely she'll understand my intentions were honorable. (Who are we kidding here---she's going to kick me to the curb)

 

[Proudpapa]

Where did the "aggravated" DUI statement come from? Maybe I missed it in the court records. Not sure what would make this an "aggravated" DUI. Was this a - for comparison purposes - statement? Just looking for clarification.

 

[Proudpapa]

.....and for what its worth....I still think the DUI/ER talk is a red herring....haven't seen one solid link from that to what ultimately occurred.

Just sayin...

 

[MommyStephV]

I've been following this from the beginning, as with most others I've followed...I'm not sure I ever have anything valuable or anything that hasn't been said, so I do a LOT of reading, very little posting.

I do however work for the Nebraska DMV and deal primarily with DUI's and our interlock permit program, so I feel like maybe I can add to this conversation. I can say, here, it's not terribly common to see a driver transported to a hospital or medical facility unless they've requested a blood test. The majority of officer reports we see either indicate a driver was transported to jail or detox.

As for the "requirement" that could be so many things, SR22 requirement, drug/alcohol screening, visits with a probation officer, ND doesn't have an interlock program so I'm certain it's not that, but it really is hard to guess. Here, we have very few DUI's pled down to a Willful Reckless Driving charge, that generally would only happen on low tests (something not much higher than .08) and you would almost never see it on an aggravated charge (which here is anything above .15) it's also not uncommon for the courts to allow you to enter a guilty plea to either reduce the charge or the sentencing.

Another thing to consider, it appears ND has an administrative withdrawal like NE does. Our administrative side is action taken by the DMV and is completely unrelated to the courts proceedings. Both will likely have different requirements.

Again, that is all from my experience with NE laws and obviously every state is SO different. I've browsed through ND's website but didn't really gather a lot of info. We have several references at work I can take a look through Monday to see if there's any better explanation of the laws and penalties in ND.

Sorry for any typos, I logged in quick before I went to bed and started typing from my phone! I was too excited to fire up the computer, and who knows where the crazy kids left the iPad this time!



Sent from my iPhone using Tapatalk

 

[Proudpapa]

Please don't tell me they're waiting on finding the size 9 1/2 size Air Jordan sneaker....ugh, please no, PP!!

I meant with the forensics testing wait. The phone and shoe are gone like a freight train.

 

[IBsleuthin]

Johnny C is THE man!!! Way better than Ozzy.

And....you did crochet for so long that you had to give it up? How old ARE you?!

I'm half way there. That's how young I am.

 

[IBsleuthin]

She often speaks about when she dated Teddy Roosevelt back in the day when he was a cattle rancher in North Dakota---that may give you some idea, although she doesn't look a day over 100 on her facebook page.

I'm suppose to "Thank you " for this? Where are my teeth? Where's that cup?

 

[IBsleuthin]

I know ladies don't like to speak about their age so I was just taking the liberty of answering for her. You know, just trying to help her out a little. Surely she'll understand my intentions were honorable. (Who are we kidding here---she's going to kick me to the curb)

Can you SMELL THAT??? The smell of a freight train on the tracks of life??? Better run!