Archive for the ‘crime and punishment’ Category
Monday, February 15th, 2010
It looks like those kids at that were charged with a felony for throwing snowballs at a police car have made the national news scene. They were featured on thesmokinggun.com. They were also apparently featured on the Drudge Report and the Rush Limbaugh show (not that I was listening because I can’t stand the guy. I just read about it somewhere else). The two students were charged with with: throwing missiles at an occupied vehicle– a class 6 felony.
Should they have been arrested? Yes. Should they have been charged with something? Yes. Should they have been charged with a felony that could get them 5 years in prison? Of course not. I think the state of Virginia (or the Harrisonburg PD) needs to reexamine the legal definition of the word missile to exclude snow. And honestly, had the vehicle that was hit with snow been something other than a Police car I guarantee that those students would not be facing a felony charges.
I know what you are going to say. What if they had caused an accident and someone was killed. Well if somebody was killed because of their actions then they should face manslaughter charges. The thing is… they didn’t hurt anyone. Every time we drive a car and get distracted or use a cellphone we have the potential to cause an accident that could kill or maim someone, but we don’t face charges unless we actually cause one. Why not charge the students with disorderly conduct?
A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
A. In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or
B. Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any funeral, memorial service, or meeting of the governing body of any political subdivision of this Commonwealth or a division or agency thereof, or of any school, literary society or place of religious worship, if the disruption (i) prevents or interferes with the orderly conduct of the funeral, memorial service, or meeting or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or
C. Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
However, the conduct prohibited under subdivision A, B or C of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this title.
The person in charge of any such building, place, conveyance, meeting, operation or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.
The governing bodies of counties, cities and towns are authorized to adopt ordinances prohibiting and punishing the acts and conduct prohibited by this section, provided that the punishment fixed therefor shall not exceed that prescribed for a Class 1 misdemeanor. A person violating any provision of this section shall be guilty of a Class 1 misdemeanor.
(Va Code 1950: 18.1-239, 18.1-240, 18.1-253.1 through 18.1-253.3; 1960, c. 358; 1968, c. 639; 1969, Ex. Sess., c. 2; 1970, c. 374; 1975, cc. 14, 15; 1976, c. 244; 1990, c. 627; 2006, c. 250.)
Tags: snow
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Friday, September 4th, 2009
On May 3 2007, President Bush signed into law the Animal Fighting Prohibition Enforcement Act, making it a federal crime to be involved in animal fighting. Two days later federal agents raided the Little Boxwood Cockpit in Stanley, VA. Then on May 7, agents from the IRS and Justice Departments seized documents from the offices of Page County’s treasurer, administrator, county registrar and sheriff’s department. And so began Danny Presgrave’s downfall.
With an arrogance and abuse of power that was not out of character, Presgraves – who was the Sheriff of Page County at the time – pressured sheriff’s office employees not to cooperate with IRS and Justice Department agents. The charges against Presgraves were numerous: sexual harrassment, intimidating witnesses and obstruction of justice and the misuse of inmate labor.
The prosecution portrayed Presgraves as a man who saw himself as above the law he was sworn to protect, using his position to benefit himself financially by taking bribes to protect the Little Boxwood Cockpit and forcing prisoners in the county jail to do improvements on property owned by himself and his business.
On August 28 2009, Presgraves pled guilty to a federal racketeering charge, earning himself a $75,000 penalty and up to 20 years in prison, but avoiding the possible $2 million fine and 300 years that a full conviction could have brought.
Tags: Crime
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Saturday, August 15th, 2009
 Clock Fighting Cock Fighting connoisseur (and former Page County Sheriff) Daniel Presgraves found himself in Federal Court for the final hearing before his trail starts in September. The feds are charging him with 23 charges: racketeering, lying to a federal agent and sexual assault. I wont go into the other 20 charges, but you get the point. Lets just say, he could be going away (as in Prison) for quite a while.
It was reported earlier this week that a witness against Presgraves won’t be able to testify in the case. The witness died, though no reason or nor any other details were given (that I am aware of). I will update everyone when I find out more.
In the hearing Jerry Kilgore, who is Presgraves’ attorney, filed motions to have many of the charges against the former sheriff dismissed. Kilgore told the judge that the charges were not related and therefore the racketeering charges should be dismissed.
It was a great try by Kilgore, but by definition racketeering is just a collection of unrelated charges. (For those of you that watched the Sopranos, this the RICO Act that Tony was always talking about).
Federal law says, racketeering activity is:
Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses.
- Embezzlement of union funds;
- Bankruptcy or securities fraud;
- Drug trafficking;
- Money laundering and related offenses;
- Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
- Acts of terrorism.
 Presgraves To prove a pattern of racketeering the defendant must have committed at least 2 acts of racketeering activity, one of which occurred after the effective date of this the RICO act went into effect and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity.
The trial will start September 16th in Harrisonburg.
Tags: Crime
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