Justice? What on earth is THAT?

Let's say there is a guy who kills a woman by strangling her to death.  He then decides to get a gas can and pours gas all over her body, lighting it on fire.  He leaves the house and sits in the back yard smoking some pot watching the house burn.  Not only is the woman dead, but her two cats were also killed.  

He doesn't tell police--he just goes to someone else's house and hangs out. He is caught quickly and arrested for Arson and Murder.  After almost two years in jail and a few different defense attorneys, he pleads guilty as charged to Second Degree Murder and 1st Degree Arson.    

Oh, and he killed her because he was renting a room from her and didn't want to pay rent, because he was spending all of his money on drugs. She asked him for the rent money and he decided to kill her rather than pay the money he owed. 

What do you think his his prison sentence should be?  

If this was Texas--Life sentence without parole.  

New York--Minimum of 40 years to life.

Georgia--Death, Life without parole, or Life w/parole eligibility in 25 yrs.

Washington--13 years, with a possible 10% off for good time.  

Hearing that the defendant could be out on the streets again in a little over 10 years felt to the victim's family like a slap in the face--particularly to her 78 year old mother.  Justice?  That isn't the word that comes to mind.  

I am learning that Washington State is a great place to commit serious crimes, and I won't be surprised if I see that defendant again in the future in our court system.

 

Many more things I have seen--it has been a while!

Yesterday was a day that made me question humanity a bit.  I have been promoted and am now the lead in our unit.  I also have a bigger office with a couch in it for victims to come and rest on if they have to testify, or if they are waiting for a verdict.  

Another advocate brought a cute little 9 year old girl into my office and the girl looked very sad and upset.  She plopped onto the couch and bundled up in a blanket because she was cold.  I went and made her some hot chocolate and while I was doing that, the other advocate came out and told me what the situation was.  

The girl was had been molested by a family member who was also in a gang.  She had reported the abuse to the school counselor and resource officer.  The girl's parents didn't want the case prosecuted and were forbidding her to come and testify, until the police came to their house and told them if they didn't allow her to testify, they would both be arrested.  The parents then told the officer, "We aren't going to take her or pick her up."  The officer took the girl to the courthouse all by herself--no support from her family.

She was scared to have to testify against him, and was pretty shut down.  Thankfully the therapy dog we use was available so we got the two of them connected and that helped a lot. When she had to go up to testify, even though I am not her advocate, I asked if she would like me to come up and be with her for support and she said yes.  She was PERFECT on the stand and did a great job.  

When she was finished testifying, she came back to my office and then had to wait for the officer who brought her to the courthouse to come and take her home.  

It made me sick to my stomach to think of her going back home to a place where her parents were not supportive of her at all.  The advocate got CPS involved, but I sincerely hope she heard me when I told her how strong she is, and how she did the right thing.  

All because of a girl.

We have a case in our unit that is incredibly sad and unfair.  

A man in his early 30's had been at a pub with his brother having a beer and watching the presidential debate.  A girl at the pub was flirting with one of the brothers.  Another guy who had been drinking a LOT didn't like that the girl was not flirting with him, so he and his drunk friend started antagonizing the brothers.  This led to one of the brothers being sucker punched in the head and knocked out.  To show off for his friend, he started kicking the unconscious guy on the head.  Over and over and over.  He then began stomping on the guys head.  Again, and again, and again--five times total.  He then kicked him in the head one more time and then walked away very proud of what he had done.  

While that was happening, the other drunk guy had been punching and beating up the other brother.  He had no idea what had just happened to his brother until the two drunk guys walked away.  

911 was called and the severely injured brother was taken to Harborview in a coma and is not expected to survive his severe brain/head injuries.  

The case came into our office and was assigned to a different advocate.  The victim's father was a VERY angry man, who was very difficult to work with.  The advocate really struggled to work with him, so she asked if I would be willing to take the case, and I didn't hesitate.  I found the victim's father to be quite understandably angry--not with our office, but with the drunk dude who did this to his son.  I let him vent and cry and yell when he needed to, and told him that I really did understand.  He has never been difficult at all with me.

The case is gearing up to go to trial, and I had an idea.  I suggested to the prosecutor that we go down to the facility where the victim is, and film him in the condition he is in.  Because he is in a coma, he would not be able to be in the courtroom during the trial, but I think the jury should get to see the damage that was done to him.  The prosecutor thought it was a great idea, so we planned a trip to get video.

When we got to the care facility, I knew the victim's father was going to be there and was looking forward to seeing him.  We walked in and as we walked down the hallway toward the victim's room, I could hear sobbing.  It was coming from the victim's room, and I knew his Dad was there and was most likely in with him.  As I walked into the victim's room, I realized the sobbing was coming from the victim.  He was weeping, and his Dad was quietly crying.  

I asked the nurse about what I was seeing, and he said that the victim can tell when his Dad is there and every time he is, he sobs.  

The victim has a trach, a stomach tube for feeding, and can't move anything but his eyes.  He weighs less than 100lbs now, (he had weighed 180 lbs) and his feet and arms are curled inward.  He has a lot of pain and cries out frequently.  

We got our video, and as we were leaving, I went into his room and told him who I was and that I was working to help get the guy who did this to him.  I also told him how much his Dad loves him.  

When we got back to the office, I had a voicemail from the victim's Dad saying, "I want to thank you so much for caring about my son.  It means so much to me and my family." 

Just this week they have brought hospice in, as he is not expected to live much longer.  

All because of a girl.

Damn you, CSI!

Not a single day goes by where I don't meet a crime victim who expects the case to be completed right away.  People truly expect the entire legal process to be completed within a month at the most, and they don't get how everything works.  Here is an example from today...

A man was arrested for suspicion of throwing a brick through the window of his sister's house.  His sister believed he had done it because he had been mad at her for not inviting him over for Christmas.  She called the police and said she knew her brother had done it, and he was arrested for suspicion of Malicious Mischief.  

Today the prosecutor and I met with the victim and this is how it went:

Prosecutor:  Well, I need to be honest with you and let you know that this is a very weak case and will be hard to prove if it goes to trial.  

Victim:  What do you mean it is a weak case?  I KNOW he did it!  He told the police he did it!!

Prosecutor:  According to police reports, nobody saw the brick being thrown into your window, and  he didn't tell the police he had done it--he told them he was nowhere near your house.  There were no witnesses and a jury would need more than circumstantial evidence to convict your brother.  

Victim:  But I KNOW he did it!  A jury would believe me!

Prosecutor: Without better evidence, it would be a "you versus him" scenario in court.  He can say that he didn't do it, and he will also have a defense attorney who will also tell the jury that.   

Victim:  So when is the trial?  Next month?

Prosecutor:  No, there has not even been a formal charge put in yet!  Even if he was charged already, trials can take several months to start.

Victim:  So if he is found guilty, will he be sent to prison for several years?

Prosecutor:  No, the sentencing range for Malicious Mischief in this state is between 0 and 3 months in jail.  

The victim at that point was LIVID and left saying she was going to call the news and tell everyone she knows that Snohomish County doesn't care about victims.  

It would be nice if CSI was more realistic, but one episode would take an entire season to complete!!

Convicts and inmates, the difference.

Today I was working with two people who were victims in a home invasion/robbery that evolved into a more violent crime.  I waited with them until they testified, and got quite an education from one of the victims who has been a career criminal, (convict).  

Did you know that when you go to prison, there are two types of people?  Inmates, and convicts.  The two do not intermix.  I had no idea there was a difference.  

Inmates are mostly child molesters and abusers, men who beat up or rape women, and men who have assaulted or murdered the elderly.  Convicts are all of the other criminals.

When you are a convict, you really have to join a group for protection, and there are people from the different groups actively recruiting from the minute you get into prison.  You really are pressured to align yourself with a "gang" for protection and companionship.  

In Washington, the majority of the prison gangs are Crips; Aryan Family; Norteno Bigg Doggs; Nuestra Familia; Norteños and Sureños.  The Aryan Family is a Washington State smaller version of Aryan Nation.  

In these gangs, the members have a "code", in which they are not supposed to disrespect women, the elderly, or their fellow gang members.  They do not accept plea agreements, they "go to the box" (go to trial) instead.  Taking a plea deal or snitching on each other will bring harm to the gang member and his family.  

And that was my Criminal lesson for the day.  :-)