TexasCHLforum.com

bblhd672 wrote: ↑Fri Jul 06, 2018 6:49 am

DocV wrote: ↑Thu Jul 05, 2018 11:25 pm Arrested. http://apps.bexar.org/cmagsearchlist/Li ... il=1937259

No assault charge?

They probably will ignore the assault charge for two reasons. The first, and most likely, is that it is very common to drop class C cases when you have a felony. If you charge them separately, you can force two trials, one in municipal court and one in district court. This lets the defense have a free shot at the evidence and witnesses because they won't care about the guilty verdict on the assault if they can use it to beat the felony. If you keep them together (much more common), then the speedy trial act kicks in earlier and can rush the prosecution. They have removed the absolute limits on timing, but there is still a lot of case law and procedures based on the older rules. Going with the felony only lets the prosecution have more time, which is required in the more crowded district court.

The second reason is the one that bothers me the most. The assault means that he put the victim in fear of injury, which makes the theft a robbery. I wanted him charged with robbery, a second degree felony, and having now seen his record I would want it even more. It would be easier to argue the robbery from a defense standpoint since the liquid did not hurt the victim (as in actual pain) so it makes the case a little easier to defend. Prosecuting just the theft from a person charge makes the video a slam dunk case that almost any jury will convict on. I would be surprised if he doesn't bargain it down for a light or no sentence.

And while he does have an arrest record that has been posted, I don't know if he has any convictions yet. I have not been interested enough to search other than what is posted in this thread. If he had a drug conviction or that many DWI convictions, he was already a felon. I have no doubt he knows the system well and knows what he should plead out. If he beat all of the others, then I can agree with this charge as it is. It makes the case pretty concrete and should result in a felony conviction.

The news article I read says that a police report has been filed. It implied that it wasn't filed until after he was identified, which i can see as most teenagers probably would not have thought of it at first.

But it won't be a fine, if true. I see it as one of the easiest felony arrests some SAPD detective will ever get. When you combine an assault with a theft, you get a robbery. The video is pretty good evidence of both elements of the offense. The public has identified the suspect. All the detective has to do now is get the statement from the victim, put together an affidavit for a warrant, and go pick up the suspect. I am sure the DA would then bargain it down to a lower offense, but it is hard to not make it at least a state jail felony for theft from a person.

And while it is legal to shoot to stop a robbery, I would not recommend it for anyone in a case like this.