Man convicted of Armed robbery forgot about for 13 years, now told to report to jail

TSD

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A man in 2000 was convicted of armed robbery and sentenced to 13 years in jail.  He was told he would be notified of when to report to prison, but that notification never came (it was a clerical error).</p>


 </p>


In that time he made no attempt to hide his identity, he even got traffic tickets.  Also, in that time he learned a trade, started his own business, started a family and is a working tax paying citizen.  Now the "error" that kept him free the past 13 years was fixed, now the swat team showed up to take him to prison.</p>


 </p>


How bullshit is this.  The guy turns his life around (Isn't the point of punishment/prison to correct behavior).  At this point in my opinion no punishment is required, he corrected his anti-social behavior.  Now they are not just impacting him, but his wife and children, and removing income from them.  They literally are putting a guy in jail who frankly no longer deserves to be there, and potentially putting his wife and kids on public assistance.</p>


 </p>


I mean I would be singing a different tune if he was a fugitive and ran to avoid his sentence but he wasn't.</p>
 

BlackHawkPaul

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I think reactions will vary because of the type of crime committed. If he diddled a 7 year old girl and did everything the same, people would be screaming to have his penis Wu-tang'ed off.</p>
 

MassHavoc

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<blockquote class="ipsBlockquote" data-author="The Super Douchiev" data-cid="226059" data-time="1397749057">
<div>


A man in 2000 was convicted of armed robbery and sentenced to 13 years in jail.  He was told he would be notified of when to report to prison, but that notification never came (it was a clerical error).</p>


 </p>


In that time he made no attempt to hide his identity, he even got traffic tickets.  Also, in that time he learned a trade, started his own business, started a family and is a working tax paying citizen.  Now the "error" that kept him free the past 13 years was fixed, now the swat team showed up to take him to prison.</p>


 </p>


How bullshit is this.  The guy turns his life around (Isn't the point of punishment/prison to correct behavior).  At this point in my opinion no punishment is required, he corrected his anti-social behavior.  Now they are not just impacting him, but his wife and children, and removing income from them.  They literally are putting a guy in jail who frankly no longer deserves to be there, and potentially putting his wife and kids on public assistance.</p>


 </p>


I mean I would be singing a different tune if he was a fugitive and ran to avoid his sentence but he wasn't.</p>
</div>
</blockquote>


I guess I would make him go through the whole process and then let him off with time served since his sentence would be over by now. I'd say that if he had any time left on his sentence I would put him back in with time served and make him eligible for parole. The fact is, yeah it sucks. But it was a clerical error and he knows he should have went to prison and didn't so he still took advantage of the situation and didn't turn himself in. Both sides screwed up.</p>


 </p>


I equate it to the kid who got a bunch of money accidentally put into his bank account then ran out and spent it all before anyone noticed, then when they did notice he said well I spent it all and you gave it to me so I have no liability. It doesn't work that way.</p>
 

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<blockquote class="ipsBlockquote" data-author="MassHavoc" data-cid="226073" data-time="1397751597">
<div>


I guess I would make him go through the whole process and then let him off with time served since his sentence would be over by now. I'd say that if he had any time left on his sentence I would put him back in with time served and make him eligible for parole. The fact is, yeah it sucks. But it was a clerical error and he knows he should have went to prison and didn't so he still took advantage of the situation and didn't turn himself in. Both sides screwed up.</p>


 </p>


I equate it to the kid who got a bunch of money accidentally put into his bank account then ran out and spent it all before anyone noticed, then when they did notice he said well I spent it all and you gave it to me so I have no liability. It doesn't work that way.</p>
</div>
</blockquote>


They should probably give him probation or something,  I just think its ludicrous to throw him in jail now.  He wasn't a rapist he didn't commit murder, I agree with spunky the nature of the crime is definitely relevant.  Murder/rape/pedophelia are generally mental issues that don't just go away.  Whereas robbing/stealing can more stem from your social status, the fact he got an education and job and built his own business proved hes moved beyond that.  Throwing him in jail now isn't protecting the populace from anything, its just costing the taxpayers money, and judging by what life will now be placed on his children, the state very well may be creating future criminals in his children where otherwise there wouldn't have been.</p>
 

LordKOTL

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Part of the equation is rehabilitation.  Another part is retribution.  While he arguably became a contributing member of society and was rehabilitated, there are those out there that will make a convincing argument that he still needs to do "time" to "pay off his debt to society."</p>


 </p>


Personally, I think the way it was handled, much like the New Carrissa incident and the 1970 Exploding Whale of Florence, OR, was the biggest crime here.  A lot of face could be saved if they just re-submitted the notification to show up at the courthouse, then did whatever, from him serving the 13 years in full, to taking into account that he is no longer a danger to society re-sentensing him to $50 and time served.</p>


 </p>


Ultimately the state completely dropped the ball.  One can argue that retribution is the *immediate* need, however the ultimate goal should be rehabilitation.  Now, assuming this ever happens again, what convicted felon would even *try* to turn their life around when they know they're going to be Elian Gonzales'ed?</p>


 </p>


P.S. Thank you BHP for attempting to put "Wu-Tang'ed" into the common lexicon. :)</p>
 

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<blockquote class="ipsBlockquote" data-author="The Super Douchiev" data-cid="226081" data-time="1397752330">
<div>


They should probably give him probation or something,  I just think its ludicrous to throw him in jail now.  He wasn't a rapist he didn't commit murder, I agree with spunky the nature of the crime is definitely relevant.  Murder/rape/pedophelia are generally mental issues that don't just go away.  Whereas robbing/stealing can more stem from your social status, the fact he got an education and job and built his own business proved hes moved beyond that.  Throwing him in jail now isn't protecting the populace from anything, its just costing the taxpayers money, and judging by what life will now be placed on his children, the state very well may be creating future criminals in his children where otherwise there wouldn't have been.</p>
</div>
</blockquote>


Would you think the same thing if instead of a clerical error the guy escaped and they just happen to find him now?</p>
 

TSD

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<blockquote class="ipsBlockquote" data-author="MassHavoc" data-cid="226094" data-time="1397754823">
<div>


Would you think the same thing if instead of a clerical error the guy escaped and they just happen to find him now?</p>
</div>
</blockquote>


If it was the same situation, except he avoided prison, I suppose I would feel the same way, if he is no longer a threat to society and is in fact benefiting the state providing services and paying taxes, how does throwing him in jail and leaving 3 children fatherless in any way benefit the state? It simply hurts it because the state is now paying for someone to live who was self sustaining and paying taxes, its likely his family will go on public aid costing the state more money, and his now poor children may grow up to be criminals themselves.</p>


 </p>


Yes I seem to have a pretty utilitarian view on the topic.   I look at the situation and wonder who is really being punished here and how does incarcerating him benefit anyone?</p>


 </p>


Murder, Rape etc. are crimes that the victims can never really recover from and people need to feel justice was done, and I find it difficult to believe anyone that can do those things in the first place to another human being can truly recover.  If I were robbed and the guy ran from jail, turned his life around and was found out, I think I would be pretty happy with an apology and compensation for what was stolen from me, if the perpetrator lived a crime free life for 13 years I wouldn't see the point of throwing him in jail.</p>
 

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In this article it is stated his victim in the crime he committed doesn't even want him locked up.</p>
 

supraman

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<blockquote class="ipsBlockquote" data-author="The Super Douchiev" data-cid="226059" data-time="1397749057">
<div>


A man in 2000 was convicted of armed robbery and sentenced to 13 years in jail.  He was told he would be notified of when to report to prison, but that notification never came (it was a clerical error).</p>


 </p>


In that time he made no attempt to hide his identity, he even got traffic tickets.  Also, in that time he learned a trade, started his own business, started a family and is a working tax paying citizen.  Now the "error" that kept him free the past 13 years was fixed, now the swat team showed up to take him to prison.</p>


 </p>


How bullshit is this.  The guy turns his life around (Isn't the point of punishment/prison to correct behavior).  At this point in my opinion no punishment is required, he corrected his anti-social behavior.  Now they are not just impacting him, but his wife and children, and removing income from them.  They literally are putting a guy in jail who frankly no longer deserves to be there, and potentially putting his wife and kids on public assistance.</p>


 </p>


I mean I would be singing a different tune if he was a fugitive and ran to avoid his sentence but he wasn't.</p>
</div>
</blockquote>


 </p>


Maybe in Scandinavia but here prison is just a place to put bad people for a time then they get out and get right back in. Murica!</p>
 

BlackHawkPaul

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<blockquote class="ipsBlockquote" data-author="Supra" data-cid="226102" data-time="1397759299">
<div>


Maybe in Scandinavia but here prison is just a place to put bad people for a time then they get out and get right back in. Murica!</p>
</div>
</blockquote>


Got to keep feeding the free (slave) labor trade.

Wouldn't want those jobs to go overseas.</p>
 

MassHavoc

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<blockquote class="ipsBlockquote" data-author="The Super Douchiev" data-cid="226096" data-time="1397755758">
<div>


If it was the same situation, except he avoided prison, I suppose I would feel the same way, if he is no longer a threat to society and is in fact benefiting the state providing services and paying taxes, how does throwing him in jail and leaving 3 children fatherless in any way benefit the state? It simply hurts it because the state is now paying for someone to live who was self sustaining and paying taxes, its likely his family will go on public aid costing the state more money, and his now poor children may grow up to be criminals themselves.</p>


 </p>


Yes I seem to have a pretty utilitarian view on the topic.   I look at the situation and wonder who is really being punished here and how does incarcerating him benefit anyone?</p>


 </p>


Murder, Rape etc. are crimes that the victims can never really recover from and people need to feel justice was done, and I find it difficult to believe anyone that can do those things in the first place to another human being can truly recover.  If I were robbed and the guy ran from jail, turned his life around and was found out, I think I would be pretty happy with an apology and compensation for what was stolen from me, if the perpetrator lived a crime free life for 13 years I wouldn't see the point of throwing him in jail.</p>
</div>
</blockquote>


Was just a question, I just find it interesting that context doesn't matter in how he got away with not going to jail, but context of why he was supposed to go to jail matters. To me, I'm more about the greater ramification of inaction which is why I stated he should be forced back through the system. Otherwise a precedent is set, and our fucked up legal system will let some dirtbag free because of this.</p>
 

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<blockquote class="ipsBlockquote" data-author="MassHavoc" data-cid="226115" data-time="1397767015">
<div>


Was just a question, I just find it interesting that context doesn't matter in how he got away with not going to jail, but context of why he was supposed to go to jail matters. To me, I'm more about the greater ramification of inaction which is why I stated he should be forced back through the system. Otherwise a precedent is set, and our fucked up legal system will let some dirtbag free because of this.</p>
</div>
</blockquote>


I think it actually goes both ways:</p>


 </p>


If nothing is done--not even going back through and legally reexamining what happend in the interim, then it does set the precedent that all that matters is the rehabilitation, not paying back the debt to society.</p>


 </p>


But if they go ham-fisted like they did, then it obliterates any chance that someone would have incentive to turn their life around--after all, even if you do turn your life around and take advantage of the unintentional second chance, when it all catches up it will end up like the end of the Blues Brothers film.</p>


 </p>


I do think they should have just came up peacefully (at least at first) to come down to the station or the courthouse, and then based on that decided to amend/adjust his sentance--be it the full 13 or $50 and time served.</p>
 

MassHavoc

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I hope I'm not coming off as sounding like I want him thrown in jail for 13 years. That's not my intention, I just want to make sure that he gets legally processed through the system and then let back out through legal avenues so as to not create any future loopholes by a "no harm no foul" situation.</p>
 

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<blockquote class="ipsBlockquote" data-author="MassHavoc" data-cid="226135" data-time="1397771387">
<div>


I hope I'm not coming off as sounding like I want him thrown in jail for 13 years. That's not my intention, I just want to make sure that he gets legally processed through the system and then let back out through legal avenues so as to not create any future loopholes by a "no harm no foul" situation.</p>
</div>
</blockquote>


Agreed totally.    Doing nothing would have caused as big of a problem as going Blues Brothers on his ass.</p>
 

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<blockquote class="ipsBlockquote" data-author="MassHavoc" data-cid="226135" data-time="1397771387">
<div>


I hope I'm not coming off as sounding like I want him thrown in jail for 13 years. That's not my intention, I just want to make sure that he gets legally processed through the system and then let back out through legal avenues so as to not create any future loopholes by a "no harm no foul" situation.</p>
</div>
</blockquote>


 </p>


regardless, this may be a one of a kind case.  What makes it more screwed up, in the second article I posted.   He was appealing his case in court up to 2005 4 YEARS into his prison term, and they couldn't friggin figure out the guy was supposed to be in jail.  Thats whats absurd as well, its not like he just stopped conversing with the courts he was actively appealing his case for years after he was supposed to be in prison, it's comical they didn't realize their mistake until he was supposed to be released.</p>
 

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I thought I read he tried reporting to jail or tried to get in touch with those that make it happen and they still didn't do anything. I say **** it, he can walk.</p>


 </p>


The time he got doesn't fit the crime in my opinion either. </p>
 

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I believe he should walk or maybe do some community service if anything.</p>


 </p>


I also think that whichever employees are responsible for this should be terminated and pay restitution to the taxpayers for not doing their job. To me there is not enough if any accountability in government jobs. </p>
 

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<blockquote class="ipsBlockquote" data-author="Supra" data-cid="226102" data-time="1397759299">
<div>


Maybe in Scandinavia but here prison is just a place to put bad people for a time then they get out and get right back in. Murica!</p>
</div>
</blockquote>


 </p>


Prison Inc.! </p>


 </p>


Gotta git dat money! </p>


At least there is precedence:</p>


 </p>


<span style="color:rgb(0,0,0);font-family:'Helvetica Neue', HelveticaNeue, helvetica, arial, sans-serif;font-size:15px;">"The last time anything like this happened in Missouri was 1912. In that case, the convicted man was set free, Megaro said."</span></p>
 

The Count Dante

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<blockquote class="ipsBlockquote" data-author="The Super Douchiev" data-cid="228629" data-time="1399319640">
<div>


He has now been released from prison.</p>
</div>
</blockquote>


 </p>


That is awesome. However, I wonder if before inet and online signatures if he still would have.</p>


 </p>


Irrelevant I suppose, good for him!</p>
 

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