WH Criminal Background

[mamajaay]

Curious how it states "fugitive" in the status column.

I think he just hasn't been served yet.

 

[mamajaay]

But I find it interesting. Class 6, so no weapon on him, (at least not that they can/could prove) BUT it clearly states "if someone is in the home"

 

[klily444]

But I find it interesting. Class 6, so no weapon on him, (at least not that they can/could prove) BUT it clearly states "if someone is in the home"

Good find! But since no one was in the home, how would this charge stick?

 

[katydid23]

Is this the same burglary charge that was dropped at the last hearing?

 

[mamajaay]

No. Last one was a B&E. This one is a statutory burglary charge.

Door was unlocked.

Also states "while also intending to commit a misdemeanor offense other than assault and battery or trespass."

Planting "evidence" maybe? Someone is spilling the the beans.

 

[klily444]

Is this the same burglary charge that was dropped at the last hearing?

No. This one is statutory burglary, which seems to be a lighter crime. (Felony 6)

 

[mamajaay]

In order to be convicted for burglary in Virginia the government must prove two things:

That you entered a dwelling without consent or through forceful means.
That you entered the structure with the intention, or developed the intention once inside, to commit a felony or misdemeanor.

 

[mamajaay]

Common law burglary must happen at night, statutory can happen at any time of the day.

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.

 

[Eileen730]

No. This one is statutory burglary, which seems to be a lighter crime. (Felony 6)

Maybe he broke into HIS house!
Took his amo and scale!

 

[mamajaay]

Maybe he broke into HIS house!
Took his amo and scale!

That's actually a valid theory. There were people in THAT house. (People that are now spilling the beans)

 

[Eileen730]

That's actually a valid theory. There were people in THAT house.

Would explain all the stuff on the missing report too

 

[mamajaay]

Would explain all the stuff on the missing report too

MP report was filed prior to the 6th though

 

[Eileen730]

MP report was filed prior to the 6th though

True that!

I still think he broke into his house.

 

[raysgirl1126]

Good find Mamajaay! Thank you

Curious why it already has a trial date? 7/8/15

What does Capias Issued mean? I can google it nevermind

 

[mamajaay]

Good find Mamajaay! Thank you

Curious why it already has a trial date? 7/8/15

What does Capias Issued mean? I can google it nevermind

I don't see 7/8/15. I see 5/20/15 will be grand jury.

If someone is in custody for one charge and you want to charge them with something else then you have to file an arrest warrant and then serve them in jail. Until that happens, they are not in custody for that new offense. Hence the "capias issued". He's not yet been served.

 

[raysgirl1126]

 

[raysgirl1126]

All the charges have changed to show the 7/8/15 trial date now. How did that happen before Grand Jury?

 

[mamajaay]

View attachment 74955

Interesting. That's probably the next available trial date. It will either be changed after his grand jury tomorrow or his other charges will also be scheduled on that day.

 

[mamajaay]

All the charges have changed to show the 7/8/15 trial date now. How did that happen before Grand Jury?

I wonder if he waived his right to his grand jury. Defendants can do that in Virginia. 99% of the time when a charge is certified to a grand Jury, they choose to indict.

Or I wonder if this is where the plea bargain starts.

 

[CabinFever]

http://web.sbcounty.gov/sheriff/bookingsearch/bookingsearch.aspx

I don't know his middle name or DOB,
but this should give you the information for Victorville.