Tuesday, January 27

Here's Your Crime Problem: Attempted Murder in DC = PROBATION

** EXCLUSIVE **

Back in February 2008 I blogged about the following story that I read in the Police Blotter section of the DC Examiner: (See: Attempted Murder Headline = "Armed woman arrested after entering police HQ")
Armed woman arrested after entering police HQ

A woman was arrested after she walked into the Metropolitan Police headquarters Thursday afternoon, pointed a gun at one of the armed security guards, demanded his weapon, then pulled the trigger on her handgun, according to court documents.

When the gun failed to fire, the security guard grabbed the woman, Cynthia Marlene Nixon, and wrestled her to the ground. Police found 36 rounds of ammunition and two plastic bags of marijuana. Nixon told detectives that she wanted to rob a police officer of his weapon, court documents state. - Scott McCabe, DC Examiner
Look at what she was charged with for the crime described above:
Charge Filed Charge #1: Assault On A Police Officer

Charge Filed Charge #2: Carry Pistol W/O Lic -Outside Home/Business
Assault? Does this sound like assault? She pulled the trigger on her gun as she had it pointed at the guard. That's attempted murder. Why was she charged with assault and not 'assault with a deadly weapon'? I can see pushing a policeman as assault. I can see hitting or punching a policeman as assault. I can't see how pulling a gun rates the charge of only assault. If it is because she fought the policeman who came to the aid of the guard, where is the charge for sticking a gun in the guard's face? As for the carry charge, she earned that just for having the gun on her possession in Washington, DC. Where is the charge for her using it in an attempted robbery? An 'Armed Robbery'!

On top of that, she had drugs on her but no drug charge. As stated above, she wanted to rob the security guard of his gun. That's attempted robbery. Where is the robbery charge?

So, given the crime and what she was charged with, what kind of prison sentence do you think she got? How about none. (36 Months and 12 months, all suspended.)
Sentence for Charge # 1, Assault On A Police Officer Sentence Date: 07/31/2008 Confinement Type: Confinement Time: 0 years, 36 months, 0 days. Time Susp: 0 years, 36 months, 0 days. Amount To Serve: 0 years, 0 months, 0 days. Supervised Release: 3 years, 0 months, 0 days, Suspended. VVCA Amount: 100.00, Due: 04/10/2009 Probation Type: SUPVP, Start Date: , End Date: Probation Time: 2 years, 0 months, 0 days Probation Conditions: Drug Treatment Program Probation Conditions: Don't possess firearm or dangerous weapon Probation Conditions: Mental Health Screening/Evaluation probation to be supervised by the mental health unit

Sentence for Charge # 2, Carry Pistol W/O Lic -Outside Home/Business Sentence Date: 07/31/2008 Confinement Type: Confinement Time: 0 years, 12 months, 0 days. Time Susp: 0 years, 12 months, 0 days. Amount To Serve: 0 years, 0 months, 0 days. Supervised Release: 3 years, 0 months, 0 days, Suspended. VVCA Amount: 100.00, Due: 04/10/2009 Probation Type: SUPVP, Start Date: , End Date: Probation Time: 2 years, 0 months, 0 days Probation Conditions: Drug Treatment Program Probation Conditions: Mental Health Screening/Evaluation Probation Conditions: Don't possess firearm or dangerous weapon defendant to be supervised by the mental health unit
I really laughed at the following probation condition:
Don't possess firearm or dangerous weapon
Or what? It was illegal for her to possess the handgun in DC when she committed the crime. This is just a joke. A 'don't do that again' reprimand. And since they were not willing to jail her for trying to kill someone, why would she think that they would jail her for anything. Worse, what kind of message does this send to criminals in DC? (Looking at the continually high crime rate in DC, seems that they have gotten the message.)

This here is the perfect example of how Liberals/Democrats are liars when they say that they want to fight gun crime. They don't. Fighting gun crime would force them to turn on part of their voter base.

WHO ARE THE REAL GUN CRIME CRIMINALS? They are prosecutors like the one in this case who, in my opinion, failed to properly charge the suspect with the serious crimes that she committed. Even worse, whoever the prosecutor is, they now have two more convictions under their belt as evidence of what a great lawyer they are.....

So despite all the talk of 'responsible' gun regulation to fight gun crime, Democrats still have no interest in actually jailing gun criminals. I am sure that this is not the only case in DC where a gun criminal has gone free. And DC is not the only place where this has happened. Snowflakes in Hell has been covering how Philly criminals have long histories of gun charges that are simply dropped, over and over again. (See "A Tale of Three Criminal Records" and "Latest Rapsheet" for some examples)

If she does not deserve to go to jail for a gun crime, then who does?

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Below is the full history of this case from the DC Court System, just in case it ever becomes unavailable:

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Docket Entries
Date Text
08/27/2008 Quality Review
08/25/2008 Event Resulted - Release Status: The following event: Review Hearing scheduled for 08/27/2008 at 9:30 am has been resulted as follows: Result: Hearing Vacated. Defendant is successfully in a CSOSA-recommended inpatient program. ek Judge: RICHTER, ROBERT I Location: Courtroom 213
08/05/2008 Quality Review
07/31/2008 Crime Victims Compensation Fund Receipt: 76803 Date: 10/20/2008
07/31/2008 Event Resulted - Release Status: The following event: Sentencing scheduled for 07/31/2008 at 9:30 am has been resulted as follows: Result: Held Judge: RICHTER, ROBERT I Location: Courtroom 213 CYNTHIA NIXON (Defendant (Criminal)); ; Ms LAUREN B BERNSTEIN (Attorney) on behalf of CYNTHIA NIXON (Defendant (Criminal)); Judge ROBERT I RICHTER
07/31/2008 VVCA Form Filed
07/31/2008 Judgment and Commitment Order
07/31/2008 Sentence for Charge # 2, Carry Pistol W/O Lic -Outside Home/Business Sentence Date: 07/31/2008 Confinement Type: Confinement Time: 0 years, 12 months, 0 days. Time Susp: 0 years, 12 months, 0 days. Amount To Serve: 0 years, 0 months, 0 days. Supervised Release: 3 years, 0 months, 0 days, Suspended. VVCA Amount: 100.00, Due: 04/10/2009 Probation Type: SUPVP, Start Date: , End Date: Probation Time: 2 years, 0 months, 0 days Probation Conditions: Drug Treatment Program Probation Conditions: Mental Health Screening/Evaluation Probation Conditions: Don't possess firearm or dangerous weapon defendant to be supervised by the mental health unit
07/31/2008 Sentence for Charge # 1, Assault On A Police Officer Sentence Date: 07/31/2008 Confinement Type: Confinement Time: 0 years, 36 months, 0 days. Time Susp: 0 years, 36 months, 0 days. Amount To Serve: 0 years, 0 months, 0 days. Supervised Release: 3 years, 0 months, 0 days, Suspended. VVCA Amount: 100.00, Due: 04/10/2009 Probation Type: SUPVP, Start Date: , End Date: Probation Time: 2 years, 0 months, 0 days Probation Conditions: Drug Treatment Program Probation Conditions: Don't possess firearm or dangerous weapon Probation Conditions: Mental Health Screening/Evaluation probation to be supervised by the mental health unit
07/31/2008 Release Order Filed Release Order - Jail Sent on: 07/31/2008 11:29:31
07/31/2008 Notice to Return to Court Filed Notice to Return to Court Sent on: 07/31/2008 11:20:20
07/31/2008 Event Scheduled Event: Review Hearing Date: 08/27/2008 Time: 9:30 am Judge: RICHTER, ROBERT I Location: Courtroom 213 Result: Hearing Vacated
06/25/2008 Event Scheduled Event: Sentencing Date: 07/31/2008 Time: 9:30 am Judge: RICHTER, ROBERT I Location: Courtroom 213 Result: Held
06/25/2008 Event Resulted - Release Status: The following event: Report and Sentencing scheduled for 06/30/2008 at 9:30 am has been resulted as follows: Result: Hearing Vacated Judge: RICHTER, ROBERT I Location: Courtroom 213
06/25/2008 Order Granting Motion Entered on the Docket Order signed by Judge Robert I. Richter on 6/24/08 granting Defendant's Unopposed Motion to Continue Sentencing Hearing; 6/30/08 sentencing date is continued to 7/31/08. Chambers telephonically notified defense counsel Bernstein, PDS, & AUSA Ditzler, USA's Office, on 6/25/08. Order docketed 6/25/08; copies mailed to parties by chmbrs. 6/25/08. MR
06/24/2008 Unopposed Motion to Continue Sentencing Hearing Filed Attorney: BERNSTEIN, Ms LAUREN B (481733)
05/02/2008 Event Resulted - Release Status: no bond The following event: Felony Status Conference scheduled for 05/02/2008 at 9:30 am has been resulted as follows: Result: Change of Plea to Guilty Judge: RICHTER, ROBERT I Location: Courtroom 213 psi ordered CYNTHIA NIXON (Defendant (Criminal)); ; Ms LAUREN B BERNSTEIN (Attorney) on behalf of CYNTHIA NIXON (Defendant (Criminal)); Judge ROBERT I RICHTER
05/02/2008 Information Filed in Open Court Charge #1: Assault On A Police Officer
05/02/2008 Waiver of Trial Filed
05/02/2008 Waiver of Indictment Filed Charge #1: Assault On A Police Officer
05/02/2008 Report and Sentence Event: Report and Sentencing Date: 06/30/2008 Time: 9:30 am Judge: RICHTER, ROBERT I Location: Courtroom 213 Result: Hearing Vacated
05/02/2008 Form Generated: Prisoner Return Prisoner Return Sent on: 05/02/2008 09:45:38
05/02/2008 Charge Disposed - Plea Judgment Guilty
05/02/2008 Charge Disposed - Plea Judgment Guilty
04/30/2008 Event Resulted - Release Status: no bond The following event: Felony Status Conference scheduled for 04/30/2008 at 9:30 am has been resulted as follows: Result: Held Judge: RICHTER, ROBERT I Location: Courtroom 213 status conference hearing is continued or until an indictment is returned CYNTHIA NIXON (Defendant (Criminal)); ; Ms LAUREN B BERNSTEIN (Attorney) on behalf of CYNTHIA NIXON (Defendant (Criminal)); Judge ROBERT I RICHTER
04/30/2008 Event Scheduled Event: Felony Status Conference Date: 05/02/2008 Time: 9:30 am Judge: RICHTER, ROBERT I Location: Courtroom 213 Result: Change of Plea to Guilty
04/30/2008 Form Generated: Prisoner Return Prisoner Return Sent on: 04/30/2008 10:19:20
04/23/2008 Event Resulted - Release Status: no bond The following event: Felony Status Conference scheduled for 04/23/2008 at 9:30 am has been resulted as follows: Result: Held Judge: RICHTER, ROBERT I Location: Courtroom 213 status conference hearing is continued or until an indictment is returned CYNTHIA NIXON (Defendant (Criminal)); ; Ms LAUREN B BERNSTEIN (Attorney) on behalf of CYNTHIA NIXON (Defendant (Criminal)); Judge ROBERT I RICHTER
04/23/2008 Event Scheduled Event: Felony Status Conference Date: 04/30/2008 Time: 9:30 am Judge: RICHTER, ROBERT I Location: Courtroom 213 Result: Held
04/23/2008 Form Generated: Prisoner Return Prisoner Return Sent on: 04/23/2008 09:39:21
03/20/2008 Event Resulted - Release Status: no bond The following event: Felony Status Conference scheduled for 03/20/2008 at 9:30 am has been resulted as follows: Result: Held Judge: RICHTER, ROBERT I Location: Courtroom 213 status conference hearing is continued or until an indictment is returned, CYNTHIA NIXON (Defendant (Criminal)); ; Ms LAUREN B BERNSTEIN (Attorney) on behalf of CYNTHIA NIXON (Defendant (Criminal)); Judge ROBERT I RICHTER
03/20/2008 Event Scheduled Event: Felony Status Conference Date: 04/23/2008 Time: 9:30 am Judge: RICHTER, ROBERT I Location: Courtroom 213 Result: Held
03/20/2008 Form Generated: Prisoner Return Prisoner Return Sent on: 03/20/2008 10:14:55
03/05/2008 Findings of Facts & Conclusions of Law Entered on the Docket Findings of Fact, Conclusions of Law and Order of Detention Pending Trial signed by Judge Robert I. Richter on 3/5/08. Order docketed 3/5/08; copies mailed to parties by chmbrs. 3/5/08. MR
02/27/2008 Event Resulted - Release Status: no bond The following event: Preliminary Hearing scheduled for 02/27/2008 at 9:30 am has been resulted as follows: Result: Probable Cause Found Held for Grand Jury Judge: RICHTER, ROBERT I Location: Courtroom 213 govt. motion to hold the defendant without bond under 1322 b1a is granted by the court, probable cause found CYNTHIA NIXON (Defendant (Criminal)); ; Ms LAUREN B BERNSTEIN (Attorney) on behalf of CYNTHIA NIXON (Defendant (Criminal)); Judge ROBERT I RICHTER
02/27/2008 Event Scheduled Event: Felony Status Conference Date: 03/20/2008 Time: 9:30 am Judge: RICHTER, ROBERT I Location: Courtroom 213 Result: Held
02/27/2008 Form Generated: Prisoner Return Prisoner Return Sent on: 02/27/2008 11:22:12
02/22/2008 CJA Eligibility
02/22/2008 Release Conditions
02/22/2008 Commitment Pending Disposition Filed Commitment Pending Disposition Sent on: 02/22/2008 16:08:16
02/22/2008 Defendant Preventively Detained pursuant to 23-1322(b) NO BOND The following event: Presentment scheduled for 02/22/2008 at 1:00 pm has been resulted as follows: Result: Preventive Detention GRANT Judge: WINGO, ELIZABETH Location: Courtroom C-10 Charge #1: Arrest Charge CYNTHIA NIXON (Defendant (Criminal)); ; Ms LAUREN B BERNSTEIN (Attorney) on behalf of CYNTHIA NIXON (Defendant (Criminal)); Judge ELIZABETH WINGO on behalf of Judge ROBERT I RICHTER
02/22/2008 Attorney Appointed/ Attorney BERNSTEIN, Ms LAUREN B representing Defendant (Criminal) NIXON, CYNTHIA as of 02/22/2008 CYNTHIA NIXON (Defendant (Criminal)); ; Ms LAUREN B BERNSTEIN (Attorney) on behalf of CYNTHIA NIXON (Defendant (Criminal)); Judge ELIZABETH WINGO on behalf of Judge ROBERT I RICHTER
02/22/2008 Event Scheduled Event: Preliminary Hearing Date: 02/27/2008 Time: 9:30 am Judge: RICHTER, ROBERT I Location: Courtroom 213 Result: Probable Cause Found Held for Grand Jury
02/22/2008 Charge Filed Charge #2: Carry Pistol W/O Lic -Outside Home/Business
02/22/2008 Charge Filed Charge #1: Assault On A Police Officer
02/22/2008 Event Scheduled Event: Presentment Date: 02/22/2008 Time: 1:00 pm Judge: WINGO, ELIZABETH Location: Courtroom C-10 Result: Preventive Detention

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Links:
DC - Remote Access to Superior Court Dockets

In case you are wondering what time criminals may get for certain crimes, check out this document. Unfortunately, what is not explained is how to properly change suspected criminals, just what is the range of 'fair' prison sentences:

Voluntary Sentencing Guidelines Practice Manual - DC Sentencing and Criminal Code Revision Commission

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1 comment:

Scott said...

Great post! We have the same problem in Atlanta, though I've never heard of such an egregious example. I linked to your post here.

http://sammytaylor.net/?p=1919