WH Court Hearing 11 May-GJ 20 May, Indicted on Six Charges

[Mountain_Kat]

I think if they had evidence of that - it would make it breaking and entering. Perhaps they don't have any evidence that he was planting evidence?

The statute...

If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
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So, I could enter your house to get out of the rain and not be committing a crime. That sounds wrong. Perhaps I am wrong.

So...some creepy pervert could break into my house while I was sleeping, stand over my bed and watch me sleep, and no crime has actually been committed?

 

[Kadoober]

Using coke to get back into a gang??? Is that the initiation process or just a bonding experience?

That sounds so weird, but I wonder if 'using' in this context doesn't mean actually ingesting it (though it seems he was ingesting it), rather using it as a tool to get back in their good graces. Procuring it for them? Selling it to make money to buy the trinkets and treats that skinheads yearn for?

I can't imagine they'd be like 'No, Wes. Only cokeheads get to hang with us. That's what all the cool brothers do.'

Though the mental image of him showing up at one of their parties or whatever, bouncing around 'Hey guys! Guys! Look what I'm doing! Can I come back?' is kind of amusing.

 

[Phoebeb]

It says to me that there needs to be a new definition of "INTENT".
Unfortunately I guess I also feel that it may have been dismissed to protect the 4 witnesses
don't know if I'm right, and please don't throw stones, but if they charge WH with it, then
wouldn't the witnesses be considered accomplices?

Maybe that's correct. Also, I think the atty might have argued that WH did not break in with the intent of committing a crime, but to see if any evidence inside that needed to "come to light". jmo.

 

[owlaroo]

Total noob question, but why would the B&E charges be dropped if he admitted to it and there was a witness (AB?). Also the dog thing. Does that mean the owners of the house/dog dropped the charges?

 

[jnblsm]

Maybe he's just committed trespassing and perhaps vandalism if he broke anything... if he was not planting evidence, just looking for it.

Why wouldn't the fact that he broke in to do ANYTHING with the jacket be considered either obstruction of justice, or at least tampering with evidence?

 

[darring21]

So...some creepy pervert could break into my house while I was sleeping, stand over my bed and watch me sleep, and no crime has actually been committed?

Kind of. I think the prosecutor would argue (successfully) that there was some kind of criminal intention in your example. Feel free to correct me if you have a different interpretation.

 

[luckyseven]

Maybe that's correct. Also, I think the atty might have argued that WH did not break in with the intent of committing a crime, but to see if any evidence inside that needed to "come to light". jmo.

Yes; one last thought before I disappear back into the woodwork. I definitely see how it is alarming and frustrating to many that the B&E charge was dropped, but knowing how extreme the intricacies of legality/trials/charges (etc.) can be, it doesn't surprise me.

 

[spamelope]

This Aryan Brotherhood stuff stinks to high heaven to me. They're more of an inside prison gang rather than in the general public. They probably got the idea from here. How did that bus feel, Wes? SMH
http://en.wikipedia.org/wiki/Aryan_Brotherhood

 

[Kadoober]

Why wouldn't the fact that he broke in to do ANYTHING with the jacket be considered either obstruction of justice, or at least tampering with evidence?

His obstructions charges still stand, right? Could be in relation to the jacket.

 

[Mountain_Kat]

Kind of. I think the prosecutor would argue (successfully) that there was some kind of criminal intention in your example. Feel free to correct me if you have a different interpretation.

I'm too angry and confused to rationalize at the moment. Seriously. But I truly appreciate the fact that you are able to do so, Darring. Your posts on this subject have been thoughtful and informative.

 

[darring21]

Why wouldn't the fact that he broke in to do ANYTHING with the jacket be considered either obstruction of justice, or at least tampering with evidence?

I don't like this position because WH is a and likely guilty IMO.... but, if he truly broke in to find the jacket - I don't think that is obstruction and the jacket might not be evidence of anything. I know - its a big leap that he didn't plant it.

 

[Momoffourboys]

The Aryan Brotherhood is the largest gang that operates in the prison system. Not that I believe anything WH says, but, it wouldn't surprise me. Also, from what I have read, the AB does not require anyone to snort cocaine or any other drug, but, they are heavily involved in drug trafficking.

Also, I wonder what other tattoos WH has that are not visible?

 

[Mistree]

Why wouldn't the fact that he broke in to do ANYTHING with the jacket be considered either obstruction of justice, or at least tampering with evidence?

Apparently the way the law in Virginia is written for this particular offense is different than other states or there is much more to the story than any of us know.

 

[spamelope]

Since the obstruction charges are based on the circumstances surrounding the B & E, how will those charges stick with that dropped?

 

[jnblsm]

Apparently the way the law in Virginia is written for this particular offense is different than other states or there is much more to the story than any of us know.

I'm afraid of both of these.
I'm putting my dollars on there's more to the story.
Also, there is no way he can plead not guilty to having ammunition. That should put him away, even IF he had nothing to do with Aj.
Right?

Since the obstruction charges are based on the circumstances surrounding the B & E, how will those charges stick with that dropped?

 

[CabinFever]

https://twitter.com/MarissaJasek/status/597817516078030848

Wait, WHAT?!


Sent from my iPhone using Tapatalk

Ok, so explain to me how using coke gets you back in the the AB?

I am sure that when he was in prison that he was apart of this AB gang for his own "protection" in there. He would not be the first felon to do so, and it is not uncommon to join a certain gang or group while locked up. I don't think this is so alarming. I am sure his "jacket", or prison file, showed him to be marked as apart of that gang and the prosecutor is bringing it up for the emotional effect and showing the acceptance of such a violent entity while locked up. People do what they feel they need to do in order to survive in prison. He did nothing on the outside, after being released, that identified himself with this group or he would not have adopted a girl of Asian decent, or allowed her African-American friends inside his house so readily. It would have been impossible. You do not "use coke" to get back in either. That is laughable. Let's use commonsense with this one.

Am I defending WH, and think he is innocent? Well, yes I guess I am defending him using my ability to find the logic in this particular accusation. However, he is not innocent of looking guilty of the charges surrounding her disappearance and death, or it does not free him from all of the circumstantial evidence pointing directly at him. My logic goes both ways.

 

[darring21]

His obstructions charges still stand, right? Could be in relation to the jacket.

I believe the obstruction charges relate to his threatening of the witnesses about the jacket.

 

[Hoosgirl]

I think if they had evidence of that - it would make it breaking and entering. Perhaps they don't have any evidence that he was planting evidence?

The statute...

If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
----
So, I could enter your house to get out of the rain and not be committing a crime. That sounds wrong. Perhaps I am wrong.

Hopefully the grand jury will indict on b&e with a misdemeanor for trespassing, at least!

 

[jojo87]

Well the AB don't like people who talk to much or people who brag about their connection to them. Wes is in a place where the AB can show their displeasure.
Especially to low level member's or ex members.
It's not just a prison gang it reaches outside as well especially with drugs.
It would be unusual if AJ was murdered due to this connection they'd go straight for the target IMO. It could all be bluster on Wes part to make him look harder and scare people.

 

[Momoffourboys]

You don't use coke, but, you do sell coke to re-connect with the good ole' gang. The scale...