This guy should be sentenced to 13 years probation with credit for time served.
Unless he harmed somebody, there should be a limitation on how long the state can withhold punishment, before it becomes invalid.
Yes, I’d probably release him on probation. He was once a BB gun wielding crook, but since then he’s apparently been decent. Seems he’s realized long ago that he wasn’t cut out to be a bad guy. Silly to lock him up after all these years. Boy, what a case. Hope he wins.
I think they owe him for the stress he and his family lived under every waking moment because of their incompetence. He did as he was told. I would call this cruel and unusual punishment on it’s on. To throw him in jail now would be a form of torture by being stripped of his family, loved ones and his freedom. Jail is not a happy place to live.
Riight, so says the AP.
sounds as if he sent enhanced himself essentially to house arrest, like so many today that go home to wear ankle bracelets
if the poit of the punishment is to rehabilitate the offender, well... it’d be hard to argue he would have received more rehibilitation in prison than he has already received thru self imposed restrictions and life changes
Random drug testing twice a week for 90 days...If he comes in positive three times during that period, give him 10 days in the county lockup.
I tend to be on the harsh end of the punishment scale, but in the absence of evidence that he is a danger to society I’d support “time served”. Prison is expensive, and this guy is not a threat that is worth the money. [If he’d been shot and killed when using “only a bb gun” I wouldn’t have minded at all, but he survived, followed the rules, and deserves forgiveness from the courts and from society.]
Howzabout consulting with the victim who’d been threatened with loss of life over Burger King’s money?
If it was up to me I’d wipe the books clean, shake his hand, and say have a happy life.
Well this sounds like something with the potential to tie-up our entire Federal court system for at LEAST another 13 years.
I, too tend to be a “law & order” type of guy. However, prison can be categorized several ways:
1) Restraint of the criminal for the protection of society
2) Retribution for the acts committed against individuals & society.
3) Penitentiary, a place for the criminal to begin “feeling or expressing humble or regretful pain or sorrow for sins or offenses.” (definition of “Penitent”)
4) Reformatory, a place which causes the criminal to “reform”, to turn their life around and become a productive, law-abiding citizen.
As to #1 - It appears the criminal practiced self-restraint during the 13 years and society was protected.
#2 - The victim of his crime seems to no longer require retribution.
#3 & #4 - Appear to be successful, with a 13 year track record. “By their fruits you shall know them.” Matt 7:16-20
The governor should commute his sentence. After all do we incarcerate people convicted of a criminal act just so we can enjoy punishing them, or in the hopes that they will decide to never violate the law again? If anything, this person’s repentance saved the State over $100,000 in incarceration costs, not to mention the loss of tax revenue over the same time.
If I was the judge in the case set up a hearing, look at the facts and have family and friends attest to his changed, positive character. If the evidence shows that he reformed himself per the news stories order him to make restitution for the amount stolen to the business that he held up plus twenty percent and maybe do some community service at the local Boys Club. And then let him go.
If he turned his life around, did he compensate the victim?
He is going to prison. There is no estoppel against the state.