WH Court Hearing 11 May-GJ 20 May, Indicted on Six Charges
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arkansasmimi
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Bringing this over here from the other thread because I believe it belongs here rather then on the Disappearance thread. I am trying to go back and link my previous post I added earlier on. I took a screen shot of the warrants that were shown in a video and tried to make out what was written. There was something in that warrant about items being taken from the residence. I am going to go back and look for my post and link when I find it.
Ok found it, not hard when I only have like 10 posts ever
http://www.websleuths.com/forums/showthread.php?t=277856
Hope this works. I believe it's post # 65.
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Great job! Here is your actual post. * if you right click on the post #, then copy shortcut it will give you exact link.
http://www.websleuths.com/forums/sh...and-Community-Members&p=11730725#post11730725
arkansasmimi
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Teamwork :loveyou:
arkansasmimi
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04-28-2015, 05:08 AM #65 JDauxa
I tried my best to decipher the search warrant picture that were in yesterday's video. Here is what I can make of the wording. Bare with me, I can't sleep and I swear my eyes are starting to toy with me. First time posting a screen shot so I hope this works.
(Cut off) daytime at a residence located at XXXX Halprin Drive in the city of Norfolk Virginia. Mr. Hadsell (cut off to next line)
< missing full word> did? not have permission to be in the residence
On 3/20/2015 this affiant interviewed AB, a Caucasian male, with a date of birth of XX/XX/XXXX and a social security number of (blacked out) Mr. Barr stated that Mr. Hadsell told him that he, (Mr. Hadsell) had "broken into" the residence at XXXX Halprin drive in the city of Norfolk.
< I believe this entire word to be -interviewed> Mr. Hadsell. Mr Hadsell refused to admit or deny he had committed a burglary at the <above?> cuts off.
< missing> their website (blacked out) that one (1) of their employees (blacked out)
< missing> Incarcerated in the Norfolk City jail on the above referenced burglary charge. In the <surveillance?> (cuts off)
(Cut off) <burglary> at XXXX Halprin Drive in the city of Norfolk Virginia. In addition he admitted to "punching" ( cuts off)
(Cut off) Mr. Hadsell, which (I can't figure out these 2 words and it's driving me nuts) admission of guilt, is necessary for the successful <pro??per??> ( cuts off)
(Cut off) residence XXXX Halprin Drive in the city of Norfolk Virginia.
(Cut off) requests a search warrant be issued for (blacked out) <can't figure this word out either! Maybe Stations? Play stations?> located at (blacked out).
I now wonder if the residences of the B&E claim to have property stolen and this search warrant is actually to try to recover stolen property? Interested to hear everyone's thoughts on this.
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JDauxa, I brought the post over for you! (I hope I did it right).
BBM JMO, I think this is referencing the video interview with J Fisher, and WH admitted going into home and punching dog.
Mountaingazer
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I think you are right! The interview by one of their employees (Joe Fisher) posted to their website, and I bet the station reference was news station or television station.
Ontario Mom
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I'm not even taking a shot at that screen cap. It's so fuzzy and distorted even WITH my glasses on, that I can't be sure what I'm reading is what I'm reading.
Butterfly Kisses
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My bet is they will try to indict him for murder at the same time they present the evidence for all the other charges. They don't have to charge him with murder to try to get the indictment. I bet it will be a one stop shop.
I've been wondering how that works - if other charges could be added on tomorrow or not?
arkansasmimi
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JMHO, it appears they are filing same statute as orig but changing the wording on CHARGE. As of a few min ago when I did screenshot no arrest date entered.
IIRC, Judge threw out because didn't show intent
Wording on "charge" is different. Orig>break and enter of the dwelling house of R.S. while it was occupied with the intent to commit a misc other than assault and battery or trespass https://drive.google.com/file/d/0B6QHkjbC3op6UWJyTDVrdnJfSzg/view?pli=1
New : Statutory Burglary 18.2-92
vail link to orig http://www.websleuths.com/forums/sh...ocs-**NO-DISCUSSION**&p=11715740#post11715740
NEW
IIRC, Judge threw out because didn't show intent
Wording on "charge" is different. Orig>break and enter of the dwelling house of R.S. while it was occupied with the intent to commit a misc other than assault and battery or trespass https://drive.google.com/file/d/0B6QHkjbC3op6UWJyTDVrdnJfSzg/view?pli=1
New : Statutory Burglary 18.2-92
vail link to orig http://www.websleuths.com/forums/sh...ocs-**NO-DISCUSSION**&p=11715740#post11715740
NEW
arkansasmimi
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Found this interesting:
Burglary
Burglary is generally defined as the entering of a dwelling with intent to commit a crime. While it used to be that the burglary had to be at night-time, the time of day is no longer important in most modern statutes. The entry can be through force, or “breaking.” Alternatively, entry can be without the permission of the person who occupies the house. For example, a husband returning home to assault his wife could be convicted of burglary so long as the prosecution can prove that the husband intended to assault his wife at the time he entered. It cannot be that the husband developed this intent once he was already inside.
Since it is impossible for the judge or jury to read the defendant’s mind, the prosecution will need to make out the defendant’s intent at the time he/she entered the dwelling through circumstantial evidence. Were there signs of forced entry? Was the defendant found in possession of any “burglary tools” or stolen goods? Did the defendant say anything either before or after entry that could suggest intent?
The nature of the crime the person intends to commit is irrelevant so long as it is separate from the entry itself. For example, the crime the person intends to commit cannot be burglary or unlawful entry. If the person enters the house illegally but does not have an intent to commit a crime, the person could be found guilty of the misdemeanor crime of unlawful entry.
Virginia
Virginia distinguishes between common law burglary (in which the entry must occur at night-time) and statutory burglary (which requires intent to commit an enumerated offense or felony).
In order to secure a conviction for common law burglary in Virginia, the government must prove that: (1) the defendant broke and entered the dwelling house of another, (2) the defendant did so at night-time, and (3) he did so with the intent to commit either larceny or felony offense. If the defendant was armed with a deadly weapon at the time of entry, the offense becomes armed burglary.
The penalty for a conviction of common law burglary in Virginia five to 20 years imprisonment and/or a fine of up to $100,000. The punishment for armed common law burglary is 20 years to life imprisonment and/or a maximum fine of $100,000.
There are three forms of statutory burglary in Virginia. First, there is Breaking and Entering with Intent to Commit Murder, Rape, Robbery or Arson, which is punishable by five to 20 years of imprisonment and/or a fine of up to $100,000.
Second, there is Breaking and Entering With Intent to Commit Larceny, Assault and Battery, or Felony Other Than Murder, Rape, Robbery, or Arson. This offense is punishable by one to 20 years imprisonment, confinement in jail for up to 12 months, and/or a fine of not more than $2,500.
The third and final form of statutory burglary is Breaking and Entering A Dwelling House with Intent to Commit A Misdemeanor Other than Trespass or Assault and Battery. The punishment for this offense is one to 5 years of imprisonment, confinement in jail for up to 12 months, and/or a fine of not more than $2,500.
“Entering” occurs whenever any part of a person’s body comes within the premises. “Breaking” is defined as the use of some force, however slight, to gain entry. Actual breaking requires the use of physical force. Constructive breaking requires the use of threats, fraud, trickery, conspiracy, or other malevolent conduct designed to prompt the victim to let the defendant inside. A “dwelling house” is defined as a building that is used for habitation. Virginia Criminal Code § 18.2-89. Virginia Criminal Code § 18.2-90. Virginia Criminal Code § 18.2-91. Virginia Criminal Code § 18.2-92. <<<Code Wesley Hadsell chg with http://koehlerlaw.net/assault-theft/burglary/
Burglary
Burglary is generally defined as the entering of a dwelling with intent to commit a crime. While it used to be that the burglary had to be at night-time, the time of day is no longer important in most modern statutes. The entry can be through force, or “breaking.” Alternatively, entry can be without the permission of the person who occupies the house. For example, a husband returning home to assault his wife could be convicted of burglary so long as the prosecution can prove that the husband intended to assault his wife at the time he entered. It cannot be that the husband developed this intent once he was already inside.
Since it is impossible for the judge or jury to read the defendant’s mind, the prosecution will need to make out the defendant’s intent at the time he/she entered the dwelling through circumstantial evidence. Were there signs of forced entry? Was the defendant found in possession of any “burglary tools” or stolen goods? Did the defendant say anything either before or after entry that could suggest intent?
The nature of the crime the person intends to commit is irrelevant so long as it is separate from the entry itself. For example, the crime the person intends to commit cannot be burglary or unlawful entry. If the person enters the house illegally but does not have an intent to commit a crime, the person could be found guilty of the misdemeanor crime of unlawful entry.
Virginia
Virginia distinguishes between common law burglary (in which the entry must occur at night-time) and statutory burglary (which requires intent to commit an enumerated offense or felony).
In order to secure a conviction for common law burglary in Virginia, the government must prove that: (1) the defendant broke and entered the dwelling house of another, (2) the defendant did so at night-time, and (3) he did so with the intent to commit either larceny or felony offense. If the defendant was armed with a deadly weapon at the time of entry, the offense becomes armed burglary.
The penalty for a conviction of common law burglary in Virginia five to 20 years imprisonment and/or a fine of up to $100,000. The punishment for armed common law burglary is 20 years to life imprisonment and/or a maximum fine of $100,000.
There are three forms of statutory burglary in Virginia. First, there is Breaking and Entering with Intent to Commit Murder, Rape, Robbery or Arson, which is punishable by five to 20 years of imprisonment and/or a fine of up to $100,000.
Second, there is Breaking and Entering With Intent to Commit Larceny, Assault and Battery, or Felony Other Than Murder, Rape, Robbery, or Arson. This offense is punishable by one to 20 years imprisonment, confinement in jail for up to 12 months, and/or a fine of not more than $2,500.
The third and final form of statutory burglary is Breaking and Entering A Dwelling House with Intent to Commit A Misdemeanor Other than Trespass or Assault and Battery. The punishment for this offense is one to 5 years of imprisonment, confinement in jail for up to 12 months, and/or a fine of not more than $2,500.
“Entering” occurs whenever any part of a person’s body comes within the premises. “Breaking” is defined as the use of some force, however slight, to gain entry. Actual breaking requires the use of physical force. Constructive breaking requires the use of threats, fraud, trickery, conspiracy, or other malevolent conduct designed to prompt the victim to let the defendant inside. A “dwelling house” is defined as a building that is used for habitation. Virginia Criminal Code § 18.2-89. Virginia Criminal Code § 18.2-90. Virginia Criminal Code § 18.2-91. Virginia Criminal Code § 18.2-92. <<<Code Wesley Hadsell chg with http://koehlerlaw.net/assault-theft/burglary/
arkansasmimi
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§ 18.2-92. Breaking and entering dwelling house with intent to commit other misdemeanor.
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.
(Code 1950, § 18.1-88.1; 1968, c. 530; 1970, c. 381; 1975, cc. 14, 15; 1992, c. 486.) https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-92
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.
(Code 1950, § 18.1-88.1; 1968, c. 530; 1970, c. 381; 1975, cc. 14, 15; 1992, c. 486.) https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-92
katydid23
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It is interesting and kind of disconcerting that they are working so hard on tacking on another 'minor' charge against WH. I wish they were able to charge him with something more substantial. Kind of worries me, actually. :sigh:
grammy56
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Statutory burglary is defined in Virginia as an entry with or without breaking, with the intent to commit larceny or any felony other than murder, rape or robbery. Va. Code Ann. § 18.2-91. [United States v. Mangum, 1992 U.S. App. LEXIS 28425 (4th Cir. 1992)].
arkansasmimi
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BBM but that's not the statute they have, they have 18.2-92 in code section
here is 18.8-91 (more of) but that not what they have entered... § 18.2-91. Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony.
If any person commits any of the acts mentioned in § 18.2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, or if any person commits any of the acts mentioned in § 18.2-89 or § 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. 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.
(Code 1950, § 18.1-89; 1960, c. 358; 1962, c. 505; 1970, c. 381; 1975, cc. 14, 15, 602; 1991, c. 710; 1992, c. 486; 1996, c. 1040; 1997, c. 832.) https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-91
Butterfly Kisses
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I don't think it's anything to worry about. I think they are just making sure they can give the grand jury the full picture when they present all the other evidence. I really believe they are going to try to indict him for murder and need to be able to present all the evidence they have.
Butterfly Kisses
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You don't have to charge someone with something to take it to a grand jury. If you take it to a grand jury and ask for an indictment only the prosecution presents evidence, doing it this way keeps the defense from seeing what evidence you have. Grand jury testimony and evidence is secret.
arkansasmimi
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New Hearing date 
raysgirl1126
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True bill
