GUILTY VA - Tina Smith, 41, slain, 12yo daughter abducted, Salem, 2 Dec 2010 - #7

[georgiajean]

I may be confused, but I thought animate meant alive, and inanimate meant not alive? (in reference to the charges against AM)

 

[Japandaaa]

He's not a convicted child rapist. He's not registered. He plead down to delinquency of a minor.

Exactly. He also didn't serve ANY time at all. He was put on probation and had fines to pay. I know he had community service as well.

 

[duckingoff]

I may be confused, but I thought animate meant alive, and inanimate meant not alive? (in reference to the charges against AM)

OMG.... like a living animal?!?!?! Say it aint so!

 

[Japandaaa]

Additional meth questions:

On either of the video tapes (WM and AM), is there anything to indicate/suggest that JSE was on meth (actions, movements, energy level, dexterity, gait, ???) while those were filmed? Or, can a person on meth act and look perfectly normal in regular environments?

Well, judging from my experiences around people on meth and I say this from being a spectator ; not a user, he looked "more" on drugs in the Apple Market than in Walmart. All people act different on drugs and I know some people that can carry themselves fine, but then I know some that are nervous, constantly moving their hands, looking around like someone is watching them, and being overall suspicious because they are paranoid. The only thing in the Walmart surveillance video he does is stroke his beard ( which is normal ) and fidgets around in his pockets. He also looks "nervous" when they stop them at the door by shuffling his feet. He appears more suspicious in the Apple Market surveillance video from his deal with the door, constantly moving the money in his hand, looking around, etc. For all we know, it could have been an adrenaline rush he was on. It's really hard to tell.

 

[belimom]

I may be confused, but I thought animate meant alive, and inanimate meant not alive? (in reference to the charges against AM)

The following is the Virginia Code for object sexual penetration:

VA Code § 18.2-67.2.

Object sexual penetration; penalty.
A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and...(snipped - continues to describe penalty)...

Furthermore, you can read the court's opinion on a conviction that was upheld about animate object penetration in Virginia - where the terms 'animate' and 'inanimate' are discussed since the State law does not define "animate":

http://www.romingerlegal.com/va_caselaw/virginia/0190952.html

From the above link (note: this case has nothing to do with AMc or BS's case - and it is a public court opinion) (BBM):

"...(snipped)...Bxxx argues that he cannot be convicted of "animate object sexual penetration" under Code 18.2-67.2 because his finger is not an "animate" object. Bell's argument is without merit....(snipped)...

Again, in the above case, the court upheld the conviction of "animate object sexual penetration." So I think the charge can apply to a wide variety of sexual acts, many of which could be 'heavy petting'.

ETA: I'm not trying to take up for AMc by any means, but I do believe imaginations are running wild with these charges... in part, b/c the language is very ambiguous.

 

[catydid]

I think animate means anything that moves on it's own. His fingers or a vibrator would qualify. I don't think it necessarily means that it was an animal.

 

[CarrieBean]

I don't know. It doesn't sound like a high school crush to me.

"The victim, a 14-year-old girl, from Southeast Roanoke, stated that on the 25th around 3:30 a.m., she left her residence and met up with several people who took her to a residence in Southeast Roanoke. While at the residence, she went into a bedroom with an acquaintance and he raped her."

http://webcache.googleusercontent.c...ice&cd=1&hl=en&ct=clnk&gl=ca&client=firefox-a

 

[Cubby]

New thread coming shortly

 

[illeKllaH]

I don't know. It doesn't sound like a high school crush to me.

"The victim, a 14-year-old girl, from Southeast Roanoke, stated that on the 25th around 3:30 a.m., she left her residence and met up with several people who took her to a residence in Southeast Roanoke. While at the residence, she went into a bedroom with an acquaintance and he raped her."

http://webcache.googleusercontent.c...ice&cd=1&hl=en&ct=clnk&gl=ca&client=firefox-a

The problem I have with this is, at 14:

1. What are you doing out at 3:30am?
2. Did you not know the people you were meeting up with?
3. It might sound harsh, but did you expect to go eat popcorn and watch movies? Nothing good happens at that time...especially when you have a group of HS aged kids.

We don't know the whole story. It's he said/she said. And it's no secret that if a girl claims rape, whether the intercourse was actually consensual or not, more often than not charges will be filed if there is proof of sexual activity. AMc could've made this girl mad after the fact or flirted with another girl, etc, and this was a way to get back at him. Rape of a minor plead down to delinquency? There had to be something else there that led to him being able to plead down from such a charge.

 

[catydid]

I don't know. It doesn't sound like a high school crush to me.

"The victim, a 14-year-old girl, from Southeast Roanoke, stated that on the 25th around 3:30 a.m., she left her residence and met up with several people who took her to a residence in Southeast Roanoke. While at the residence, she went into a bedroom with an acquaintance and he raped her."

http://webcache.googleusercontent.c...ice&cd=1&hl=en&ct=clnk&gl=ca&client=firefox-a

There was a case that happened several years ago near me where the boy was 17 and slept with his 15 year old girlfriend (who he had been dating for about 5 months) and her mom found out they were sleeping together and he was charged with rape, served jail time, and had to register as a sex offender because she was below the age of consent.

 

[Cubby]

A new thread has been opened. Please continue here:

Found Safe VA - Brittany Mae Smith, 12, Salem, 2 Dec 2010 -#8 - Websleuths Crime Sleuthing Community