CantNotCare
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Depends on how near you are (and ANY amount of drugs) to a school.
ND ND - Thomas 'Tom' Bearson, 19, Fargo, 20 Sep 2014 #3
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MINNESOTA-MOM
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He was arrested for DUI on school grounds. That makes it a Felony.
What 2 possible felonies? And if there were, why not wipe all the charges---if you'e going to wipe the felony (hypothetical) charges, why not wipe the misdemeanor charges if they all came about from the same stop? I don't know anything about leo and informants either so we're on a level palying field here. Your guess is as good as mine--mine is just different than yours.
I think you're wrong. Here are the charges from the court site:
Level Date
1. DUI/APC 0000323735 080310 Misdemeanor B 09/12/2014
See link below for breakdown of ND DUI laws/penalties. Doesn't say anything about different penalties for being on school grounds. I could maybe see something like that applying to elementary schools, but not to a college. The outlined penalties from that link line up exactly to what TB got based on the court records. Doesn't look like he got any kind of break.
http://www.dot.nd.gov/divisions/safety/penaltiesdrinkingdriving.htm
A 1st time DUI is a class B misdemeanor, which is what he was charged with. The laws in ND say nothing about getting a DUI on school grounds.
http://www.dot.nd.gov/divisions/safety/penaltiesdrinkingdriving.htm
The proximity to a school only matters if you are selling drugs. Doesn't matter for simple possession.
Or DUI
CantNotCare
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No one knows if during this stop, if anything other than the DUI was involved. It IS a known fact, however, that IF he did have anything else on him, and it was on school grounds or close vicinity, then....lots more could come into play. And that would NOT be discussed, because that all becomes top secret. No question about that.....
ATasteOfHoney
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He was stopped/arrested with someone else with him so the files were started. But they could go poof later after the CI contract was into place, no???
Well of course we don't know that with 100% certainty, but there is absolutely zero evidence that it was anything more than a DUI. And again, you aren't understanding the school grounds thing. The potential penalties only rise if he was dealing drugs on school grounds. Possession on school grounds is no different than possession anywhere else. And there is also zero evidence of that. Look, I respect all politely presented opinions, but I really think you are taking a pretty gigantic leap with the whole confidential informant thing. Fargo PD is not the CIA. Not to mention that it wouldn't make sense to get a guy who just arrived in town to be a CI. I'm sure the police have plenty of CIs, but it doesn't make sense for them to have TB be a CI when he just moved to Fargo within a month of when this happened. Police want CIs who already have connections. TB would have very little to offer as a CI.
Would they? AS's charges are still posted on the court web site.
Well said. He was at NDSU for all of 26 days before he went missing. Not a lot of time to become familiar with the drug trade in Fargo and become a CI.
Confusion
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I guess I'm getting out of touch with TB's case. What I remember is that he was charged with, and maybe convicted of, DUI and possession by a minor (or however it's worded there.) If it was possession of drugs, it would be something more along the lines of possession of a controlled substance. There is no difference between being a minor or an adult when it comes to drug charges, but possession of alcohol by a minor is illegal.
In case that just jumbles things up more, I believe that a minor caught with alcohol in his possession would be charged with minor possession (or possession by a minor); a minor caught with drugs would be charged with possession of a controlled substance. At least that's the way it's been for the people I've known who have been charged with those crimes. MOO
In case that just jumbles things up more, I believe that a minor caught with alcohol in his possession would be charged with minor possession (or possession by a minor); a minor caught with drugs would be charged with possession of a controlled substance. At least that's the way it's been for the people I've known who have been charged with those crimes. MOO
ATasteOfHoney
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Yes....we all respect everyone's opinions & speculations & with that being said, what could be a reason for such a violent homicide? I'm interested in hearing everyone's theories.
I for one believe it was no accident.
I think there was a lot of anger & rage involved.
Why?
ATasteOfHoney
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But just say in'......maybe this had a lot more to do with Sartell/St Cloud & a lot less to do with Fargo?
I'm simply speculating.....
Yes, that charge is for alcohol not for illegal drugs. The legal documents say Mip/Mca/Mui/Minor Purch Alc, which means that he was a minor in possession of alcohol, trying to purchase alcohol, or under the influence of alcohol. Since he was also charged with DUI we can assume it was for being a minor under the influence. The charge for possessing or being under the influence of illegal drugs (such as marijuana) is different than a charge of possessing/being under the influence of alcohol as a minor. I can't say it enough -- there is no indication that there were any illegal drugs involved in TB's DUI arrest.
I can't say that I'm putting very many eggs in any basket at this point, but if you want my opinion, the following are the most likely:
1. Accidentally hit by car full of drunk people who lived in the neighborhood. (I've gone over this in more detail in previous posts.)
2. Drug buy gone bad. TB wanted to buy a small amount of drugs to use that night and whoever he was doing the deal with decided they didn't like him and/or tried to rob him.
3. Beat to death in gang initiation. (TB wasn't going to join a gang, but as part of an initiation gangs will tell someone who wants to join that they must severely beat a random person to prove their worth. It's sick and depraved, but it happens.)
It's all complete speculation, but I think those three scenarios make the most sense given everything we know. I do not think anyone who knew him closely had anything to do with it. Though I think it is possible (if it is my scenario #2) that some of his new "friends" at school know a little more than they are telling.
I happen to have a dozen eggs handy.
I'll put 3 eggs in your basket #2 and 3 eggs in your basket #3. I'm saving the other 6 eggs.
CantNotCare
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In the Andrew Sadek case, no one other than Andrew himself, LE, and the drug task force were aware of his charges involving 2 sales of marijuana totaling 3.35 grams (which I am told amounts to having sold about 5 “joints” or $40 worth of marijuana) on school property. This information wasn’t made public AT ALL. Even the college claimed no awareness. It wasn’t until after he was missing that the charges became known to anyone. It wasn’t until after the charges were made public that the family became aware of his involvement with the drug task force, and that WASN’T because LE or the drug task force told them. They with-held that information. I can’t say it enough --These operations are NOT made public.
Having on your possession particular amounts of any drugs can be considered “with intent to sell” without an actual sale occurring, and if this happens within the vicinity of a school then potential maximum charges relate, and they are hefty (felonies, $20,000 + fines, prison, loss of grants and financial aid, loss of nursing future).
You have said that in only a month’s time in Fargo that TB could not have this occur, but at the same time, you believe that he can potentially have a drug buy gone bad and already knows who to deal with?
It's all complete speculation, and I for one am not ruling out the possibility. I’m not keeping all my eggs in one basket either, because I usually place mine in the refrigerator.
Well of course none of us know this case with 100% certainty, but there is absolutely zero evidence so far that he was accidentally hit by a car of drunk people, drug buy gone bad, or beat to death in a gang initiation act (in fact LE has already dispelled that rumor). Those are gigantic leaps as much as anyone else’s concerning this case. I respect others opinions, and I am well aware that Fargo PD is not the CIA. P.S. This would involve the drug task force (not the CIA).
This article discusses these operations:
http://www.minnpost.com/politics-pol...onsin-campuses
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