Posted on 03/06/2015 10:01:35 AM PST by Theoria
Aaron Harvey was leaving his Las Vegas apartment to get some food one day in July 2014, when, suddenly, “man, Seal Team 6 came out of nowhere, pretty much. Guns drawn, dogs, helicopters.”
It was the U.S. Marshals, who’d come to take Harvey back to San Diego.
“They told me that I was wanted for murders in the state of California,” Harvey said. “I laughed. I started laughing. I told ‘em, ‘You’ve got the wrong guy.'”
Harvey isn’t charged with murder, though. That’s precisely why his case is so controversial.
District Attorney Bonnie Dumanis is using an obscure criminal statute, Penal Code section 182.5, for what appears to be the first time ever in California to prosecute a group of 15 San Diego men, including Harvey. The DA has admitted that some of the men had nothing to do with the underlying crimes at the heart of the case – a series of shootings by Lincoln Park gang members in 2013. Rather, they’re charged with conspiracy for belonging to the same gang as the shooters. For that, they could go to prison for life.
It’s guilt by association, basically, and if federal law is any guide, it’s perfectly constitutional.
The law says a person who “willfully promotes, furthers, assists, or benefits” from a gang crime can be charged with conspiracy. The benefit Harvey received out of the shootings, according to the DA, is street cred. If someone in the gang commits a crime, the reasoning goes, the whole gang gets a boost to its reputation.
“They’re saying I benefited because my stature, my respect, went up. I didn’t even know I had any stature. I don’t understand how someone can benefit from something they don’t even know exists,” said Harvey.
(Excerpt) Read more at voiceofsandiego.org ...
I agree. We don't know for sure, but if your characterization of what happened is true, then this is BS and the true perps are the "law enforcement" officers.
I don’t doubt that he’s a scumbag. I am just saying he should not be prosecuted for a murder that he had nothing to do with. Same as if another Freeper killed someone, the government should not charge you or me. Being a scumbag is not a crime.
Whether Harvey is a bad guy or not, the really certifiable bad people involved in this case are the politicians and lawyers, often one and the same, who come up with laws and legal definitions and twisted logic that make criminals of everyone.
Deu 24:16 The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers: every man shall be put to death for his own sin.
i agree. I stated in some other posts here on this article it seems like this may be a real stretch.
although there may be more to the story than what is being reported here (usually is). they may have copies of emails or FB posts showing his complicity in the planning. who knows? all of that, if it exists, will come out in court. if they don’t have evidence that he conspired or was aware of the plot then I don’t see how he can be guilty of conspiracy by association.
if I was going to go down the road this prosecutor is treading I would probably stick to guys that would be easier to tie to the trigger puller than some guy living out of state for petes sake.
Nope. I just think he’s a scumbag that cleaned up nice for the picture in the article.
Ten to one he’s back in the justice system for something else in the future anyway.
All it would take is for one member to turn out to be closet nut who goes postal.
And that could be arranged by an agent provocateur.
The minute someone associated with the tea party or the NRA commits some kind of crime, the government will use this precedent to open up concentration camps for everyone who is a Facebook friend to either group.
Everyone in the country who belongs to any group whatsoever just became a criminal at large. That means just about everyone.
If this stands; the country is done and over with. Time for Americans to rise up and take our country back.
Yeah, the kid sounds like a real "scumbag" / sarc. Did you even bother to read the article? From the linked article:
To Harvey and his parents, Aaron’s inclusion in the gang database paints a wildly misleading picture of their family. Once people hear “gang member,” they won’t see that Aaron comes from a two-parent family, that Kelly, his mother, and Dwayne, his father, have been married for about 30 years. They won’t see that Aaron finished high school and attended college at Washburn University on a football scholarship until one too many shoulder injuries forced him off the team (“He washed out of Washburn,” Dwayne says with a chuckle). They won’t see that Aaron’s grandparents moved to Lincoln Park in the 1950s, establishing a legacy in the neighborhood that the family is proud of.
Yes, it does.
Yep. Count on it.
Yup
Actually, that is exactly why the entire concept of 'guilt by association' is such a horrible concept.
Exactly!
“This is not the American justice system. We attach personal liability to things. You’re not guilty by mere association or mere membership,” said Edward Kinsey, Harvey’s lawyer. “It’s just wrong. If they can get away with this, I fear for our future as free citizens.”
This thug is being charged with violations related to abetting a capital crime. He is being charged with regard to HIS behavior in giving support to a criminal activity. He is being charged with a crime, not being friends with a criminal or being a member of an unpopular club.
Oh, I’m sure he’d fit right right with saints Trayvon Martin and Michael Brown.
(PS. I think your bias sniffer is busted.)
frequenting gang areas; wearing gang dress
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OH that’s great ,, there IS gang activity in my town , the so called “APK” (Apopka Police Killers) ... so now everyone within say a 2 block radius of any known gangmembers home or any gang identified break-in is subject to arrest because they “frequent” gang areas (their own homes)! or happen to wear the wrong color shirt one day???
This law is beyond ridiculous.
The DA has admitted that some of the men had nothing to do with the underlying crimes at the heart of the case – a series of shootings by Lincoln Park gang members in 2013. Rather, they’re charged with conspiracy for belonging to the same gang as the shooters. For that, they could go to prison for life.
How about a FReeper commits a murder and you go to jail for life because you belong to the same "gang". You're living in another state and had nothing to do with it but you're going to jail too just for your association? If you agree with a law like this you're definitely on the wrong forum! This is a forum for freedom-loving conservatives.
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