Possible charges and their statutes

[believe09]

Kidnapping-class 2 felony to unlawfully restrain someone, especially if they are injured in the process of being restrained.

"A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or"
http://www.azleg.state.az.us/ars/13/01304.htm

Unlawful Imprisonment:

"A person commits unlawful imprisonment by knowingly restraining another person. B. In any prosecution for unlawful imprisonment, it is a defense that:
1. The restraint was accomplished by a peace officer acting in good faith in the lawful performance of his duty; or
2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.
C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest in which case it is a class 1 misdemeanor."

Luring a minor for the purposes of sexual exploitation:

"A. A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor.
B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor.
C. Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01."

 

[believe09]

Commercial Sexual Exploitation of a Minor:

"A. A person commits commercial sexual exploitation of a minor by knowingly:
1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
3. Permitting a minor under such person's custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
B. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01.

 

[believe09]

Second Degree Murder:
"A. A person commits second degree murder if without premeditation:
1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or
2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or
3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.
B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:
1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
C. Second degree murder is a class 1 felony and is punishable as provided by section 13-604, subsection S, section 13-604.01 if the victim is under fifteen years of age or is an unborn child or section 13-710.

 

[shadowangel]

There is also the potential for a manslaughter charge, which is a class 2 felony in Arizona. "Manslaughter" requires "reckless" behavior, defined as

"that a person is aware of and consciously disregards a substantial and unjustifiable risk ...
of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation"

This is the point I was making about WW's impaired driving and allowing a third person to occupy the front seat of the vehicle.

A class 2 felony carries a penalty of 4 to 10 years in Arizona.

 

[Fairy1]

He pleaded down to leaving the scene of an accident - that is the actual charge for which he served time and received probation....again, IIRC.

 

[Teresa Larson]

He pleaded down to leaving the scene of an accident - that is the actual charge for which he served time and received probation....again, IIRC.

That was the first time he went to court I doubt they will only charge him with that now since he had his probation violated. I think he will be charged with the original charges and hopefully more too!! :dance:

 

[Teresa Larson]

Commercial Sexual Exploitation of a Minor:

"A. A person commits commercial sexual exploitation of a minor by knowingly:
1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
3. Permitting a minor under such person's custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
B. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01.

It'd be pretty hard to press any of these charges against WW. They have no proof so I don't see that happening.

 

[believe09]

It'd be pretty hard to press any of these charges against WW. They have no proof so I don't see that happening.

IIRC, Det Lancaster has some evidence that they were bringing Tawni to a truck stop for the purposes of prostitution. Even if they could not prove that WW knew she was a minor, he was bringing her, by his own admission, to Miami to work as a prostitute.

The law does not give you a pass if your defense is that you did not know...

 

[Teresa Larson]

IIRC, Det Lancaster has some evidence that they were bringing Tawni to a truck stop for the purposes of prostitution. Even if they could not prove that WW knew she was a minor, he was bringing her, by his own admission, to Miami to work as a prostitute.

The law does not give you a pass if your defense is that you did not know...

If the Det has evidence that WW was doing that then they should be able to procecute him with more charges. :woohoo:

 

[BeavisMom62]

That was the first time he went to court I doubt they will only charge him with that now since he had his probation violated. I think he will be charged with the original charges and hopefully more too!! :dance:

We can only hope!!! :clap::clap:

 

[SassyAnne]

That was the first time he went to court I doubt they will only charge him with that now since he had his probation violated. I think he will be charged with the original charges and hopefully more too!! :dance:

If I am right then there are other counties that get him next. Even pleading to a misdemeanor violates all of his other paroles/probation. I doubt seriously that they will allow timed served or time on the shelf.

 

[SassyAnne]

I don't think that DJ would apply unless he plead guilty to involuntary manslaughter. I am checking on the AZ DJ law now.

 

[believe09]

Good Morning, Det. Lancaster-

Deb O'Sullivan called me this weekend, extremely frustrated and upset regarding Jeff Sandler's opinion that much more cannot be done regarding additional charges in Tawni's case. I do not have any contact information for Mr. Sandler, but would be happy to talk to him if you think that it would have any value. When you and I left off, you were planning on interviewing Lindsey DeJong, provided Pinal was receptive to your continued input on the case. Ms. O'Sullivan led me to believe that as of her last contact with you, Lindsey had not returned your phone call.

You and I had touched briefly on the subject of statute of limitations perhaps being circumvented by the fact that some of the crimes committed were not actually discovered until Tawni was identified. For example:

Luring a minor for the purposes of sexual exploitation:

"A. A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor.
B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor.
C. Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01."

Commercial Sexual Exploitation of a Minor:

"A. A person commits commercial sexual exploitation of a minor by knowingly:
1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
3. Permitting a minor under such person's custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
B. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01.

Second Degree Murder:

"A. A person commits second degree murder if without premeditation:
1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or
2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or
3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.
B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:
1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
C. Second degree murder is a class 1 felony and is punishable as provided by section 13-604, subsection S, section 13-604.01 if the victim is under fifteen years of age or is an unborn child or section 13-710.

Unlawful Imprisonment:

"A person commits unlawful imprisonment by knowingly restraining another person. B. In any prosecution for unlawful imprisonment, it is a defense that:
1. The restraint was accomplished by a peace officer acting in good faith in the lawful performance of his duty; or
2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.
C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest in which case it is a class 1 misdemeanor."

Kidnapping:

Class 2 felony to unlawfully restrain someone, especially if they are injured in the process of being restrained.

"A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony;

Clearly you are more than aware of the statutes and potential charges-I know I am preaching to the choir. But I would also have to believe that if Mr. Walker structured his plea deal 9 years ago and served time under a false identity, he was clearly defrauding the state of Arizona as well so that the state would have no knowlege of his prior criminal history, so that alone would carry additional charges.

Mrs. O'Sullivan was sending the police reports and ME report to an accident reconstruction specialist when last I spoke with her. She may have already shared this with you. If you can think of any avenue that we can take to try and be certain that Mr. Walker faces the maximum amount of punishment directly related to Tawni's case, I would be incredibly appreciative.

Thank you for your time and attention!!!

Sincerely,
Believe09

 

[Cubby]

Excellent letter believe. It steams me that Pinal County doesn't appear interested in pursuing additional charges against William Walker, as if Tawni could so easily be tossed like trash.
Perhaps if Pinal county isn't interested we could look for additional media pressure from the two media outlets which followed Tawni's identification. I'm sure the public would love to be aware of all of the above you posted.

 

[SassyAnne]

Excellent letter believe. It steams me that Pinal County doesn't appear interested in pursuing additional charges against William Walker, as if Tawni could so easily be tossed like trash.
Perhaps if Pinal county isn't interested we could look for additional media pressure from the two media outlets which followed Tawni's identification. I'm sure the public would love to be aware of all of the above you posted.

Well said Cubby. I have access to at least 6 different newspapers, and ppl around here DO read the newspapers.

 

[SassyAnne]

in fact I am sure we all could contact our local newspapers and spread the news for extra media pressure. ttyl.

 

[believe09]

Please let's do what we can to try and attract more media attention to the hearing on Tuesday-send the link to the ABC story, Steve Huff's piece, Paul Rubin's-whatever!!!!!

Both Mike and Deb will be attending the hearing on 9/16 and will need all of the support and public outrage we can muster....

 

[believe09]

Sex Trafficking

Kidnapping

Second Degree Murder

Unlawful Restraint

Transporting a child for the purposes of prostitution

Maybe we should take each charge, comb what we have and see if we can draw bright lines for those who are going to be fighting in court as to what evidence supports what charges. Any thoughts??

 

[Lucy's mom]

I agree and am here to help! Let me know if you want me to take a topic and role with it!

 

[believe09]

Here are the statute numbers:

13-1307 Sex Trafficking

13-3210 Transporting for the purposes of prostitution
13-3213 Acceptable defense on whether or not it was reasonable for the accused to know the victim was a minor.

13-1104 Second Degree Murder

Kidnapping- 13-1301, 13-1303, 13-1307 (sex trafficking is contained within the kidnapping provision.)