CA - Bakersfield 3: Disappearance of Baylee Despot & murders of James Kulstad & Micah Holsonbake #2

[ChasingAmy]

I wasn't saying "criminal traffic" = human trafficking. I was saying that what she referred to as the "offense code" (I assumed she meant the California penal code I highlighted in bolded red) refers to human trafficking. She also said "false imprisonment", which is a phrase used in that section of the penal code.

I changed my comment for conversation sake. Yes you are right. But P236 isn’t just human trafficking. That would be an extreme felony charge.

 

[ChasingAmy]

Does the report say it was a 1240 Felony? Because if not, p236 applies to something as small as an argument and girlfriend says “I’m leaving” and you block the door. I’m all for outing this guy for the S H I T bag he really is, but not at the expense of overgeneralizing his record. The facts will speak for themselves in time.

 

[MrsWells]

I changed my comment for conversation sake. Yes you are right. But P236 isn’t just human trafficking. That would be an extreme felony charge.

Thank you for that info - I certainly don't want to misrepresent anything. Just sharing what I found and hoping we can figure it out together.

It's too late to edit my answer, which I admit does sound misleading, now that I've read the info you shared. If the mods want to delete it, that would be great.

 

[MrsWells]

Does the report say it was a 1240 Felony? Because if not, p236 applies to something as small as an argument and girlfriend says “I’m leaving” and you block the door. I’m all for outing this guy for the S H I T bag he really is, but not at the expense of overgeneralizing his record. The facts will speak for themselves in time.

Agreed! I'll look to see if the info available to me states that, exactly. (1240 Felony)

 

[ChasingAmy]

Does anybody have direct knowledge of how the court filing work? My question is: why would MQ and BD court cases for December 2017 arrest be filed 3 days apart? With BD coming 9 days after arrest? Is this normal?

 

[MrsWells]

Does anybody have direct knowledge of how the court filing work? My question is: why would MQ and BD court cases for December 2017 arrest be filed 3 days apart? With BD coming 9 days after arrest? Is this normal?

I'd like to know the answer to this, as well.

 

[Sugarcane18]

Does anybody have direct knowledge of how the court filing work? My question is: why would MQ and BD court cases for December 2017 arrest be filed 3 days apart? With BD coming 9 days after arrest? Is this normal?

Could be prosecutorial discretion. The prosecutor, upon receiving the arrest report from the arresting officer, has the discretion to decide what charges s/he will file, based off the info in the arrest report. With MQ having so many priors on his record, the prosecutor may very well have decided to file immediately and upon seeing the more modest criminal record of BD, perhaps s/he took some time to decide if they were going to file anything against her and if so what those charges would be. Total speculation here.

 

[ChasingAmy]

Could be prosecutorial discretion. The prosecutor, upon receiving the arrest report from the arresting officer, has the discretion to decide what charges s/he will file, based off the info in the arrest report. With MQ having so many priors on his record, the prosecutor may very well have decided to file immediately and upon seeing the more modest criminal record of BD, perhaps s/he took some time to decide if they were going to file anything against her and if so what those charges would be. Total speculation here.

That sounds incredibly accurate. Especially since it probably took some time for them to figure out if she was actually involved, or just present.

 

[MrsWells]

C. FALSE IMPRISONMENT
1240. Felony False Imprisonment (Pen. Code, §§ 236, 237)

The defendant is charged [in Count ] with false imprisonment by
violence or menace [in violation of Penal Code section 237(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:

1. The defendant intentionally [and unlawfully] (restrained[,]/ [or]
confined[,]/ [or] detained) someone [or caused that person to be
(restrained[,]/ [or] confined[,]/ [or] detained)] by violence or
menace;
AND

2. The defendant made the other person stay or go somewhere
against that person’s will.
Violence means using physical force that is greater than the force
reasonably necessary to restrain someone.
Menace means a verbal or physical threat of harm[, including use of a
deadly weapon]. The threat of harm may be express or implied.
[An act is done against a person’s will if that person does not consent to
the act. In order to consent, a person must act freely and voluntarily
and know the nature of the act.]
[False imprisonment does not require that the person restrained be
confined in jail or prison.]
New January 2006

BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime. (People v. Haney (1977) 75 Cal.App.3d 308, 312–313 [142 Cal.Rptr. 186]
[failure to instruct on elements of violence, menace, fraud, or deceit necessary to
establish felony false imprisonment requires reversal].)
Give the bracketed words “and unlawfully” in element 1 on request if there is
evidence that the defendant acted lawfully. The court will need to further define for
the jury when a restraint, detention, or confinement is legal.
Give the bracketed definition of “against a person’s will” on request.
Give the final paragraph on request to inform jurors that false “imprisonment” is

CALCRIM No. 1240. Felony False Imprisonment :: California Criminal Jury Instructions (CALCRIM) (2017) :: Justia

I did err by only posting the guidelines for felony false imprisonment in this post, but an even bigger error was affirming the use of the term "human trafficking" in reference to the penal code cited. I honestly don't know all of the factors involved, because what I'm reading aren't the official documents. I know that around that time there was also an assault and a possible weapon charge, among several other things.

What I do know is that he was charged with violating what's listed as "P236", and because of the other charges right around that time, it could have been charged as a felony. In California, it can be charged as either a misdemeanor or a felony.

I do not know if he was charged with "human trafficking". (Sorry Dobie12!) I plan to keep digging. (or chasing my own tail, whichever the day brings)

 

[Sillybilly]

Very time consuming to go through and edit many posts to change names to initials only. It's late and my eyes are getting blurry, so please let me know if I've missed any.

Remember to use initials and do NOT use the full names of any individual who is neither a victim or officially named POI/suspect in a case.

Thanks.

 

[calo44]

There is a FB acct with a similar friend list as the one on MQ's known fake acct. Different name on this one, but the user is harassing Jane and it's really crappy. I reported it.

He's also expressing his distaste for CS. There's a photo of him and on it is the word "sketch".

MrsWells, can I ask, what FB account says “sketch”? I’m not sure I’ve seen this one?

 

[MrsWells]

MrsWells, can I ask, what FB account says “sketch”? I’m not sure I’ve seen this one?

Same last name as JB, and same first name as (what many believe to be) MQ’s fake acct - but a longer version of that first name.

 

[calo44]

Same last name as JB, and same first name as (what many believe to be) MQ’s fake acct - but a longer version of that first name.

Shoot, I’m not finding it. Any friends in common, that I can search that way?

 

[MrsWells]

Shoot, I’m not finding it. Any friends in common, that I can search that way?

I’m not sure if it can be searched that way, but both accts are friends with TAS and JJ.

 

[Speak truth]

These charges are so fascinating. Curious did you include KQ in your background check? And if you got unlimited reports so can search other names. I have wanted to purchase the software, but have been hesitant to do so.
So thank you again. For not only purchasing it but sharing your information w us!


New topic, but something I have noticed and has not been brought up much....

I do not know how much everyone has checked out Twitter. I am slow to realize HOW MUCH access to "adult entertainment "there is on Twitter.
A lot of girls sell themself on these apps. I saw a lot of posts for snap chat subscribions for live videos etc. Just something to look at and a theory of how girls could have been in prostitution or adult entertainment.

I have heard a friend of some of these people talk about BD and SW and what they were doing on Their snap chat accts and it made me think of this.

 

[calo44]

These charges are so fascinating. Curious did you include KQ in your background check? And if you got unlimited reports so can search other names. I have wanted to purchase the software, but have been hesitant to do so.
So thank you again. For not only purchasing it but sharing your information w us!


New topic, but something I have noticed and has not been brought up much....

I do not know how much everyone has checked out Twitter. I am slow to realize HOW MUCH access to "adult entertainment "there is on Twitter.
A lot of girls sell themself on these apps. I saw a lot of posts for snap chat subscribions for live videos etc. Just something to look at and a theory of how girls could have been in prostitution or adult entertainment.

I have heard a friend of some of these people talk about BD and SW and what they were doing on Their snap chat accts and it made me think of this.

I don’t have Snapchat or know how to work it, sadly. Is that how the girls get their “gigs” and travel out of town? Is that how SW got a soliciting charge in Chicago?

 

[Sugarcane18]

@calo44 if you google who invented the telephone it will give you the first and last name of the profile that @MrsWells is talking about (initials AB)

 

[Speak truth]

I don’t have Snapchat or know how to work it, sadly. Is that how the girls get their “gigs” and travel out of town? Is that how SW got a soliciting charge

I am not saying this is what they were doing
It was just something I noticed.

I don't know how accurate the comment was. I wanted to bring it up since I have not seen it discussed. More importantly to bring attention to how active and glamorized these services have become through apps like Twitter or snapchat(and so many others)
This comment I mention in my past post made me consider the possibly.

(Just to add, while looking at a girl that we were discussing Twitter accounts I came across the snapchat subscriptions post. THEY WERE NOT HER POSTS. But a "follower/ing" on Twitter. Im sure you do not need to go to this profile to find these post about these services or subscriptions.)

 

[MrsWells]

@calo44 if you google who invented the telephone it will give you the first and last name of the profile that @MrsWells is talking about (initials AB)

Thanks, that was going to be my next strategy!

 

[Sugarcane18]

Thanks, that was going to be my next strategy!

No problem! Thanks for your help, and sharing info! Good sleuthing here!