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Sunday, July 5, 2009

Domestic Violence Cases will be prosecuted (or nol-prossed)

The Times has an interesting article about Domestic Violence cases in today’s paper.

Excerpt:

Domestic abuse has not decreased, but the number of victims who report the crime is increasing, according to Shreveport domestic violence detectives.

On average each month, Shreveport police make 95 domestic abuse arrests, Bossier City police make 66 arrests and Bossier sheriff's deputies make between 10 and 15 arrests, the law enforcement agencies reported.

………

But some victims get cold feet after the report is made.

At least half of all victims in domestic abuse cases request — to no avail — the charges against their partners be dropped, according to the Caddo district attorney's office.

Since 1985, those who are abused do not have the option of dropping charges.


But the District Attorney does


Consider this individual:

· Arrested May 14, 1991 in Caddo Parish for issuing worthless checks. Sentenced to probation.

· Arrested February 28, 1992 in Caddo Parish for possession of Stolen things. Sentenced to probation.

· Arrested August 28,1992 in Caddo Parish for Carnal Knowledge of a Juvenile. Sentenced to prison with mandatory probation to follow.

· *Arrested July 29, 2003 in Caddo Parish for unauthorized entry of an inhabited dwelling.

· *Arrested August 22, 2007 in Caddo Parish for aggravated flight from an officer.

· *Arrested August 26, 2008 in Caddo Parish for DWI & resisting an officer.

*Unsure of conviction or sentence in these cases.


Meanwhile, in Bossier Parish


These are just the criminal charges – they do not include several applications for domestic abuse protection filed against him and by him.


· May 5, 2003 Stalking – Nol Prossed

· October 22, 2003 Unauthorized use of a motor vehicle - Nol Prossed

· February 6, 2004 Aggravated Battery – 4 counts Nol Prossed (In this case, the victims signed an affidavit of non-prosecution. It is still the DA's option).

· February 13, 2004 Domestic abuse violence Nol Prossed

· May 12, 2004 Domestic abuse violence Nol Prossed

· May 12, 2004 Domestic abuse violence combined with April 14, 2005 Domestic abuse violence $250 fine, 18 months probation

· February 10, 2005 Harassing phone calls Nol Prossed

· February 10, 2005 Harassing phone calls $250 fine

· February 22, 2005 Domestic abuse violence Nol Prossed

· May, 23, 2005 Criminal property damage $300 fine 1 yr probation, make restitution, fees suspended. After numerous appearances and re-settings for probation violation, probation was terminated unsatisfactorily – on May 12, 2009

· May, 23, 2005 Disturb the Peace intoxicated Nol-prossed

· May 23, 2005 Resisting an officer Nol-prossed

· July 15, 2005 Stalking Nol-prossed

· August 8, 2005 Failure to Register as sex offender 5 yrs – serve 2, suspend 3, 2 yrs probation


Other than hearings on probation violations throughout 2006, 2007 and 2008, he had no more arrests (at least in Caddo or Bossier – I don’t have access to his entire record).

In April of 2009 he did get three tickets in Bossier Parish:

  • Speeding 55 in a 45
  • No MVI Nol-prossed
  • Window Tint Nol-prossed

The deputy who wrote the tickets noted on all three “Poor Attitude”. Imagine.

The speeding 55 in a 45?


· Defendant xxxxxx xxxxxxx present in open Court, entered a plea of guilty, and was duly and legally sentenced by the Court to pay a fine of $30 and Court cost or serve 5 days in jail, to be paid within 30 days. (Craig)

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29 comments:

  1. Are you surprised? Everyone knows what goes on if you know the right people.
    2 tickets kicked out and a $30 fine for 10 over the limit. Good deal if you can get it.

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  2. That's just the tip of the iceberg.

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  3. According to the sheriff's website, the fine for MVI is $106 (that was nol prossed). The fine for doing 55 in a 45 is $141.

    This is a link

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  4. Now, whose brother in law are we talking about?

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  5. What would they do if he had a good attitude, give him money?

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  6. Besides that, the main thing is that he got a free pass on 10 charges. Wonder how many I would get?

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  7. This is no big deal, they do this all the time

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  8. People need to be storming the courthouse lawn. Is it any wonder that Craig, Schuylers go to Judge got the case. The courthouse is tainted. The DA Marvin needs to be replaced as soon as possible along with that crooked judge Craig.

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  9. What really needs to be investigated is why the DA's buddy got away with murder because Schuyler Marvin didn't prosecute that one either. We have the worst DA in the history of the state.

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  10. I'm sure it happens all the time-but to the same person?

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  11. so who is this man? it should be public record???

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  12. nol processed---doesnt this mean the da did not pursue and dropped, rather than the judge? please advise

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  13. Nolle Prosequi (Nol Pross): A decision by the prosecuting attorney, filed with the court, that a case will not be further prosecuted.

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  14. Does not matter if you prosecute or not until we got judge burchett off the bench - hell - he would only give them a 25 cent fine anyway - so what is the point of wasting all that court time for some judge to abuse the process like that

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  15. Oh yeah, it's all Judge Burchett's fault.

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  16. Jim...double check the (total)fine according to sheriff's website, I think that includes court cost...total fine =(fine+costs)

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  17. You really can't blame the DA's office. If there's not sufficient evidence there is no reason to try and prosecute. I'm sure that thats the reason here. Judge Burchett was letting off criminals left and right so thats why the DA's office got involved with the election. You can't blame them for that. We now have the judges and district attorneys on the same page which is how it should be.

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  18. Jim,

    You can't win a pissing contest with a skunk. What my father has to do with all this I'll never know. Judges and DA's on the same page. Well that sure sounds like justice to me.

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  19. anon at 5:48 - I thought the DA's office wasn't involved in the election, that's what they told us at the time.
    anon at 5:31 - So a mail in pays the same court costs as someone who goes to court?
    anon at 5:48 - The judges and DA are obviously on the same page now if they are letting this guy go with a $30 fine.
    Slam Judge Burchett all you want. I didn't touch on the protective orders against this guy, but I can tell you that Judge Burchett gave his girlfriend (not the wife) an 18 month restraining order.
    That is the only connection that Judge Burchett has to this.
    I'll be posting more on the blog.

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  20. Ed - would your dad let you off for a quarter for backhanding a lady - i think not - so dont be so quick to judge - it is at least worth two quarters and a minute in jail

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  21. First of all, in the twenty years as a judge my father never once got me off of even a single speading ticket. And I promise you I was no angel growing up. Sure, he could have made a call or two over the years but thats not the person he is. Unfotunately, not all of our elected officials can say the same. If you want to continue bashing my father even after hes gone, then go right ahead. But I can assure you that those that do, and we know who you are, come reelection in 2014, we will only have that much more conviction in reversing what happened in October 08. And you can take that to the bank.

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  22. Ed, I'll tell you what you told me: "You can't win a pissing contest with a skunk."
    But . . . you can keep trying!

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  23. Jim and the other anons out there. This 25 cent fine was over a man grabbing a drunk ex wifes arm while she was trying to drive away with his child. I think any respectable man would do the same for their child. Thats the reason for the 25 cent fine. There was no backhand involved. Having said that, its obvious that some people are missing the point here. How is it that someone keeps getting off the hook via the DA.

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  24. All you have to do to realize what the Bossier DA is about is look at the excuses for ADA he has. P Jackson doesn't know come here from sickem and represents every public body in a 60 mile radius. No conflicts there, huh?

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  25. I heard it was P. Jackson that Burchette let off for a quarter - is that true?

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  26. I don't think Jim is saying it was Burchett's fault-are you?

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  27. i think that is exaclty what Jim is saying

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  28. Now guys, are you trying to bait me?

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  29. why no name on this person of interest that keeps getting off the hook? what is the fear about for releasing the name???? it should be public info????

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