GUILTY AZ - Daniel Rodriguez, 29, fatally shot by Phoenix PD officer, 5 Oct 2010 #3

[rose222]

In this case I don't know which is worse...Judge or jury deciding the penalty?

 

[geevee]

geevee, not satifying to me, how many years can he possibly get? I don't think he will get very many, many 1 or 2?? with probaation, etc. etc. "good time" etc. etc.

I'm satisfied because he's in custody now and will remain there until the retrial (I'm fairly sure JM will want to and Mont. will agree) and there's still a chance he can be convicted by another jury for what he did.

Is 5 years the minimum, and the jury can give longer? I think it was wise of JM to go this route, don't think the judge would have given more than the least he could. No parole in AZ so..umm...looks like RC has a new address for a while.

SV - 1 down, 2 to go.

 

[Zuri]

Meebee, you asked why was Juror 1 dismissed....because she said she couldn't agree with the jury's findings of Guilty on Agg. Assault!!!!!!!!!!!! Can u believe that????

Then why did she swear to her true and whatever verdict?

 

[aa9511]

So the jury decides the sentence? Was Juror 1 an alternate or empaneled? The tweet said juror problems, what? Sorry not clear headed today.

Alternate, Zuri. So what happened was, the jury has to remain on for the next part of the trial (Blakley or whatever it's called). That means alternates have to stay on. But for the alternates to stay on, they have to agree with the jury's finding of GUILTY AGG. ASSAULT, b/c the next phase of trial is gonna be dealing with this. If they don't agree on even the "GUILTY" part, then they can't continue. B/c if one of the jurors was dismissed and this alternate was put on, the whole process would get stuck/unfair.

So judge asked them indi. if they agree with jury's verdict on Count 2 GUILTY. and she said NO. Can u beliebe?

 

[josie1986]

Trial Diva Jen ™ ‏@TrialDivasJ 3m
All of #RichardChrisman supporters are crying


Waa! Waa! Boohoo!

thats what i thought,boohoo what a shame

You never know. Blakely gives Juan and Mehran's the opportunity to give additional testimony from witnesses not allowed in earlier.
I think the hung on the 2 other counts is because neither side fully convinced the jurors of their position, which is a good thing. If there is a re-trial, Juan can tweak his case to solidify any fuzzy areas.

Chrisman isn't going to last long if he gets put in GP in prison. BTW: Sheriff Joe hates animal abusers......and guess where Chrisman is until he gets sentenced? :floorlaugh:

sooooooo juan could bring in the drug planting thing?? ray:

 

[geevee]

End of page 2 on article linked above:
--

The trial was to continue Tuesday afternoon on aggravating factors, and Chrisman was ordered onto custody.

Aggravated assault with a deadly weapon, the charge for allegedly putting the gun to Rodriguez's head, carries a five- to 15- year sentence.

A second-degree murder conviction would have carried a 15- to 22-year prison sentence, but mitigating factors could have reduced it to 10 years. The misdemeanor animal cruelty charge carried no jail time.
--

 

[aa9511]

I'm satisfied because he's in custody now and will remain there until the retrial (I'm fairly sure JM will want to and Mont. will agree) and there's still a chance he can be convicted by another jury for what he did.

Is 5 years the minimum, and the jury can give longer? I think it was wise of JM to go this route, don't think the judge would have given more than the least he could. No parole in AZ so..umm...looks like RC has a new address for a while.

SV - 1 down, 2 to go.

I don't think the State will re-try. So I think this punishment is gonna be all he gets, that's why I'm disappointed.

 

[MeeBee]

Then why did she swear to her true and whatever verdict?

She was an alternate. She said she does not agree with the verdict on the assault charge so she cannot continue with the next phase. The next phase is apparently the Blakely hearing Thundar posted about it. The jury will decide the sentence.

 

[Bernina]

Seriously, how long do any of you think a cop lasts in prison? One who killed a Hispanic man? In a prison system run from the inside by predominantly Hispanic gangs? Think about it.......if he goes into PC, he's with the child molesters.......
And how many of his buddies in Blue are going to go visit him? That just adds more fuel to the fire for the other inmates.
I hope Blakely will convince the jury to give beyond the maximum sentencing guidelines.

Either way, Chrisman is toast.

 

[MeeBee]

The state will definitely re try. Absolutely.

 

[aa9511]

anywhere from 10-20 I believe.

I'll believe it when I see it.

Like with Andrea Sneiderman, oh yea, you're guilty on this charge, 5 years, this charge 5 years, this charge 5 years......
oh but wait they can all be magically combined into one 5-year sentence. The magic of time-shrinkage......

 

[rose222]

I'll believe it when I see it.

Like with Andrea Sneiderman, oh yea, you're guilty on this charge, 5 years, this charge 5 years, this charge 5 years......
oh but wait they can all be magically combined into one 5-year sentence. The magic of time-shrinkage......

So true! :scared:

 

[zoey]

Has he been under house arrest? Is there any chance sentence will be reduced due to "time" served?

 

[geevee]

Then why did she swear to her true and whatever verdict?

She (#1) is an alternate, and did not deliberate on the charges, alternates have to stay and say they agree with verdict of jury in case one has to be put on the jury for the further deliberations. When she said no she could not deliberate with a guilty on that charge he had to dismiss her. One alternate (#16) left.

 

[rose222]

JM's going to be busy, busy, busy with two possible retrials!

 

[geevee]

Has he been under house arrest? Is there any chance sentence will be reduced due to "time" served?

I believe he's been out on bond, and no, I think the 'aggravated' part of the charge guarantees he will serve time, the judge said it's a non-probationary charge.

 

[MeeBee]

I'll believe it when I see it.

Like with Andrea Sneiderman, oh yea, you're guilty on this charge, 5 years, this charge 5 years, this charge 5 years......
oh but wait they can all be magically combined into one 5-year sentence. The magic of time-shrinkage......

The sentences ran concurrently. There's no reason a person should go to prison for 40 years for perjury and lying. That would set a ridiculous precedent.

There is no way possible that Chrisman will not go to prison for at least 5 years (I am thinking more). While he is there, Juan will be working on the retrial. This is a good thing. No probation and oh yeah, no time served because he got to wait it out in the comfort in his home.

 

[aa9511]

I have to be thankful of the jurors who at least got this much. If it was indeed a "compromise" verdict like I think, then the jurors who compromised from the not-guilty standpoint could have easily not budged on this either. But somehow the others managed to convice them....they knew they couldn't let Chrisman walk away free.

I am very thankful for this, not that I've had a little time to think and breathe!! LOL! It could have easily been HUNG on ALL counts.

 

[popsicle]

I am wondering.. if retried and found guilty would his sentence be added to this sentence or would this sentence be counted towards the m2 sentence. That would factor into whether they retry imo.

 

[thefragile7393]

I'll believe it when I see it.

Like with Andrea Sneiderman, oh yea, you're guilty on this charge, 5 years, this charge 5 years, this charge 5 years......
oh but wait they can all be magically combined into one 5-year sentence. The magic of time-shrinkage......

GA is different than AZ lol. DIfferent states, different laws, different everything. And yes, more than likely JM will retry for 2nd degree. He's a pain in criminals arses like that...just like for JA.