MO - Grief & protests follow shooting of teen Michael Brown #2

[bwt42]

in my opinion, there is no way he gets jail time for that if he surrenders when the cop rolls up to him, not a chance.

Again I agree with you. His actions that night showed he had little concern of going to jail.

 

[katydid23]

just to be clear, it is your OPINION (please provide a link or a study if otherwise) that a first time offender would get a long time (your words) in prison for the crime we see him commit on the surveillance video?

thanx for clarifying.

What if he had a juvenile record?

 

[MyBelle]

BBM. Indeed it was MB who put a lot of this into action. The video shows very clearly that he boldly and aggressively took what he wanted. There was no attempt to hide his identity or to steal them without the clerk knowing. Then having just committed a felony, he did not attempt to lay low and not bring attention to himself. Instead he walked down the middle of the street when the officer saw him and told them to get out of the street, which they obviously did not do. They had no intention of being cooperative.

The cop was about to go on his way when something caused him to back up and re-engage with MB again. I doubt it was because the cop suddenly decided it was time to kill an innocent law abiding citizen. At this point we know that MB had been a bold and aggressive thief who then decided to call attention to himself by walking down the middle of the street, being told to get out of the street and blatantly disregarding the cop's directive to get out of the road. Why was he being so provocative? It's like he was daring someone to challenge him.

It was MB who was apparently in an aggressive, provocative and unlawful mood. It's almost as if he were daring someone to confront him. I find his behavior very puzzling and certainly not the actions of a "gentle giant".

I am not saying he deserved what happened or any other claims. i am simply stating that he seemed to be in an bold and provocative mood based upon his behaviors just prior to the confrontation.

BBM. Which is precisely why legislatures treat strong-arm robbery with the same degree of penalty as those that use a gun. The body itself can be a lethal weapon used to intimidate. In Missouri, the penalty is mandatory prison.

MISSOURI STATUTES AND CODES 571.015.
Armed criminal action, defined, penalty.......upon conviction, shall be punished by imprisonment ....for a term of not less than three years....No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of three calendar years.

2.Any person convicted of a second offense of armed criminal action shall be punished......for a term of not less than five years.....No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of five calendar years.
See more at: http://statutes.laws.com/missouri/t38/c571/571_015#sthash.x7QUsgQV.dpuf

 

[Deleted member 39678]

I just read a couple of eyewitness accounts of MB getting shot by the officer.

Johnson claims the officer grabbed Brown by his neck, and Brown tried to pull away, but the officer kept pulling Brown toward him, he said.

The officer drew his weapon, and "he said, 'I'll shoot you' or 'I'm going to shoot' " and almost instantaneously fired his weapon, hitting Brown, Johnson said.

Witness Tiffany Mitchell was picking up coworker Piaget Crenshaw for their jobs when she saw Brown and the officer "tussling through the window." Mitchell and Crenshaw said Brown appeared to be trying to pry himself from the officer's grasp. Brown had his hand on the police cruiser, trying to push himself away, Mitchell said.

I find it hard to believe that the officer would try to pull Brown into the drivers seat with him. It doesn't make any sense to me.

I also find it hard to believe that a 6' 4" 292 lb man couldn't pull away from a cop grabbing him while the cop is still in his car. Why was Brown close enough to the patrol car to be able to have his hand on it while he tried to "push himself away"?

These eyewitness accounts seem a bit off to me. JMO.

http://www.cnn.com/2014/08/14/us/ferguson-michael-brown-shooting-5-things/index.html

 

[sorrell skye]

in my opinion, there is no way he gets jail time for that if he surrenders when the cop rolls up to him, not a chance.

Jail time or not, if convicted for a class B felony, he would have had a felony record.

 

[liljim]

What if he had a juvenile record?

what if he did?

 

[liljim]

Jail time or not, if convicted for a class B felony, he would have had a felony record.

sure, if he were charged with a felony which is unlikely.

 

[MyBelle]

http://www.foxnews.com/story/2007/1...ar-prison-term-for-stealing-52-cent-doughnut/
FARMINGTON, Mo. – A Park Hills man..... has been charged with felony second-degree robbery after ... he slipped a 52-cent doughnut into his sweat shirt without paying ..., then pushed away a clerk who tried to stop him as he fled the store.

The push is being treated as minor assault, which transforms a misdemeanor shoplifting charge to a strong-armed robbery with a potential prison term of five to 15 years. Given Masters' criminal past, prosecutors could boost that sentence to 30 years to life.

http://www.justanswer.com/criminal-law/31qun-what-s-minimum-sentencing-strong-armed-robbery.html
(based on New Jersey laws)

"An individual arrested or indicted for robbery in the second degree (strong-armed robbery) is exposed to 5 to 10 years of jail. Any prison term imposed for robbery in NJ is also subject to the No Early Release Act ("NERA"). NERA mandates that an individual serve at least 85% of his or her prison term before they are eligible for parole."

http://www.prisontalk.com/forums/archive/index.php/t-157841.html
"my husband is up for strong armed robbery in new jersey he was sentenced to 10 years with 85%"

http://thetandd.com/news/local/man-...cle_6ab1e1b8-1a69-11e2-9d3e-0019bb2963f4.html
Rakeen Jereal Jordan White, 20, of 18 Robin Court, Williston, pleaded guilty to strong-arm robbery. He was sentenced to 15 years in prison.

Granted none of these is exactly what MB did, it is just a general gathering of a few quick cases that I found.

Thanks. Missouri statute treats it just as severely.

 

[Linda7NJ]

just to be clear, it is your OPINION (please provide a link or a study if otherwise) that a first time offender would get a long time (your words) in prison for the crime we see him commit on the surveillance video?

thanx for clarifying.

http://wxerfm.com/news/articles/201...entenced-for-strong-arm-robbery-in-sheboygan/

http://m.thetandd.com/news/local/ma...11e2-9d3e-0019bb2963f4.html?mobile_touch=true

http://www.lehighvalleylive.com/allentown/index.ssf/2013/01/allentown_teen_gets_prison_for_1.html

Your welcome.

 

[liljim]

I just read a couple of eyewitness accounts of MB getting shot by the officer.



I find it hard to believe that the officer would try to pull Brown into the drivers seat with him. It doesn't make any sense to me.

I also find it hard to believe that a 6' 4" 292 lb man couldn't pull away from a cop grabbing him while the cop is still in his car. Why was Brown close enough to the patrol car to be able to have his hand on it while he tried to "push himself away"?

These eyewitness accounts seem a bit off to me. JMO.

http://www.cnn.com/2014/08/14/us/ferguson-michael-brown-shooting-5-things/index.html

he did pull away from him, no witness account or even the officers account that we have heard so far claims otherwise.

 

[Frydaddy]

sure, if he were charged with a felony which is unlikely.

Based on what?

 

[liljim]

http://wxerfm.com/news/articles/201...entenced-for-strong-arm-robbery-in-sheboygan/

http://m.thetandd.com/news/local/ma...11e2-9d3e-0019bb2963f4.html?mobile_touch=true

http://www.lehighvalleylive.com/allentown/index.ssf/2013/01/allentown_teen_gets_prison_for_1.html

Your welcome.

thanx for your reply, do you think that those crimes compare to what we are discussing here? thanx for letting me know your thoughts.

 

[liljim]

Based on what?

common sense, experience, or my opinion. take your pick.

thanx for sharing your thoughts!

 

[Isabelle]

Family lawyer on msnbc= they have prelim autopsy but will not release it because it is not official.. When they have the official autopsy results all the lawyers, crump etc, will get together and decide when and how to release the results.

Say what?

Has family requested an independent autopsy?

 

[Linda7NJ]

sure, if he were charged with a felony which is unlikely.

Link to support the above statement of yours please.

many have been posted that prove the contrary.

 

[Elainera]

BBM. Indeed it was MB who put a lot of this into action. The video shows very clearly that he boldly and aggressively took what he wanted. There was no attempt to hide his identity or to steal them without the clerk knowing. Then having just committed a felony, he did not attempt to lay low and not bring attention to himself. Instead he walked down the middle of the street when the officer saw him and told them to get out of the street, which they obviously did not do. They had no intention of being cooperative.

The cop was about to go on his way when something caused him to back up and re-engage with MB again. I doubt it was because the cop suddenly decided it was time to kill an innocent law abiding citizen. At this point we know that MB had been a bold and aggressive thief who then decided to call attention to himself by walking down the middle of the street, being told to get out of the street and blatantly disregarding the cop's directive to get out of the road. Why was he being so provocative? It's like he was daring someone to challenge him.

It was MB who was apparently in an aggressive, provocative and unlawful mood. It's almost as if he were daring someone to confront him. I find his behavior very puzzling and certainly not the actions of a "gentle giant".

I am not saying he deserved what happened or any other claims. i am simply stating that he seemed to be in an bold and provocative mood based upon his behaviors just prior to the confrontation.

ITA with this post. I think he might well have been on some kind of substance which is why he was feeling invincible.

 

[Deleted member 39678]

he did pull away from him, no witness account or even the officers account that we have heard so far claims otherwise.

The witness accounts that I quoted describe Brown trying to pull away from the cop and the cop pulling Brown toward him. I'm having a hard time believing that. Here's the quotes again with some BBM.

Johnson claims the officer grabbed Brown by his neck, and Brown tried to pull away, but the officer kept pulling Brown toward him, he said.

The officer drew his weapon, and "he said, 'I'll shoot you' or 'I'm going to shoot' " and almost instantaneously fired his weapon, hitting Brown, Johnson said.

Witness Tiffany Mitchell was picking up coworker Piaget Crenshaw for their jobs when she saw Brown and the officer "tussling through the window." Mitchell and Crenshaw said Brown appeared to be trying to pry himself from the officer's grasp. Brown had his hand on the police cruiser, trying to push himself away, Mitchell said.

JMO.

http://www.cnn.com/2014/08/14/us/ferguson-michael-brown-shooting-5-things/index.html

 

[sorrell skye]

sure, if he were charged with a felony which is unlikely.

Robbery in the second degree.
569.030. 1. A person commits the crime of robbery in the second degree when he forcibly steals property.

2. Robbery in the second degree is a class B felony.

http://www.moga.mo.gov/statutes/C500-599/5690000030.HTM

With the CCTV footage from the convenience store, I think he would have been charged and convicted of felony robbery - especially if the store clerk who he assaulted testified.

 

[Frydaddy]

common sense, experience, or my opinion. take your pick.

thanx for sharing your thoughts!

I'll pick experience, care to share some case studies you've experienced?

 

[liljim]

Link to support the above statement of yours please.

many have been posted that prove the contrary.

none have been posted that prove the contrary, none are even close to what we are talking about here.

post something that proves that the jails are full of 18 year old first time offenders that use no weapon and grab and shove then intimidate someone in the commission of a robbery.

nothing posted even remotely resembles that.

thanx!