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Old July 1st, 2008
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Default Firearm plea gets sex offender's other charges dismissed

Here is a plea bargain deal that cut the all state and most of the federal government charges.

Look at how many charges are not prosecuted.

Yet we need more gun laws enacted for what?


http://www.herald-dispatch.com/news/x1122334424

Quote:
Firearm plea gets sex offender's other charges dismissed

HUNTINGTON WV -- A convicted sex offender pleaded guilty to being a felon in possession of a firearm, according to court documents.

The admission means Thomas Edgar Farris could spend up to 10 years in federal prison and pay a $250,000 fine.

The 43-year-old from Huntington entered his guilty plea Monday, one week after he asked for more time to negotiate a plea agreement.

A February 2008 indictment charged Farris with possessing a stolen firearm and being a convicted felon in possession of a firearm.

The admission bought Farris a free pass on other charges pending in federal and state court. Federal prosecutors agreed to dismiss the stolen firearm charge, while Cabell County Assistant Prosecutor Jane Hustead agreed to dismiss charges in state court. Hustead's move includes a promise that she does not intend to present a sexual assault charge to the grand jury because the assault victim cannot be located.

The federal indictment was connected to a Sept. 11, 2007, incident. Authorities found Farris to be in possession of a loaded, .380 caliber pistol. It had been transported across state lines.

Two prior felony convictions prevented Farris from possessing any firearm.

Witnesses reported the incident to Huntington police in September. They said a man tried to sell a black, .380 caliber handgun for $35. The man tried to hide the gun in a restroom trash can once he realized police had been notified. The attempted transaction took place at a local bus station, according to the initial police report.

In December 1986, Farris was convicted in Cabell Circuit Court of second-degree sexual assault.

In February 2004, Farris was convicted in U.S. District Court of stealing mail.

Last edited by ChamberedRound; July 1st, 2008 at 09:37 AM. Reason: Added link to article
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  #2 (permalink)  
Old July 1st, 2008
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Default Re: Firearm plea gets sex offender's other charges dismissed

Yup, that's a huge problem. We shouldn't be making any deals with these criminals.
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Old July 1st, 2008
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Default Re: Firearm plea gets sex offender's other charges dismissed

It sounds like he's getting a deal by pleading out on the gun charge cuz the DA's don't think they can win on the other count. If a victim can't be located how can they prosecute the sexual assault?

Don't get me wrong I think he should get the book thrown at him for the firearms charge. But in todays courts its just to big a gamble, with sympathetic juries and what not. You almost have to strike a deal if you want any kind of sentencing. Sad but true.

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Old July 1st, 2008
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Default Re: Firearm plea gets sex offender's other charges dismissed

Quote:
Originally Posted by Brown-Bear View Post
But in todays courts its just to big a gamble, with sympathetic juries and what not. You almost have to strike a deal if you want any kind of sentencing. Sad but true.

Dave
I had a .22 revolver stolen about 10 years ago and I knew who had taken it. I called the PSP and they found the gun and arrested the guy. When it came to court, I was told that the charge was being dropped because it would interfere with other charges they were pursuing against the guy. It pissed me off but what are you going to do.
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Old July 2nd, 2008
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Default Re: Firearm plea gets sex offender's other charges dismissed

Quote:
Originally Posted by Brown-Bear View Post
It sounds like he's getting a deal by pleading out on the gun charge cuz the DA's don't think they can win on the other count. If a victim can't be located how can they prosecute the sexual assault?

Don't get me wrong I think he should get the book thrown at him for the firearms charge. But in todays courts its just to big a gamble, with sympathetic juries and what not. You almost have to strike a deal if you want any kind of sentencing. Sad but true.

Dave
what he said...
It does not make the pill any easier to swallow...
Though IMHO they should have gotten a conviction on this bastard for the firearms charge and used it to buy time in locating the victim. Sounds like they had him on the ropes for the illegal possessing firearm as well as an attempted sale of an illegal firearm.
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