https://www.dailyherald.com/news/202202 ... n-for-life

Maybe a criminal attorney can weigh in on this.





The guy who actually went in the house and the other get away driver (who stands in the same position as Berry) didn't get popped on the felony murder rule too? Feels like this story is incomplete.

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I feel it's ok they intended to rob the house because of years of white oppression and also insurance

this is what happens when you let July serve as your PD

Yeah, how does the guy who didn't pull the trigger get life and the guy who did is already out?

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The only thing I can think is prosecutors cut a deal with the first guy and the jury wasn't buying whatever the state was selling in the other guy's case.

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This is a pretty notable case:

https://www.indystar.com/story/news/cri ... /72397844/

I would make the argument that there is one crucial distinction between the case cited by Spiral and the one I linked above. The law doesn't make considerations for this, but I think it should.

In the Elkhart case no one was armed except the homeowner. There wasn't the slightest intention of hurting anyone. In Country Club Hills, McClure was carrying a firearm and ultimately used it.

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Anybody here seen my old friend Bobby?
Can you tell me where he's gone?
I thought I saw him walkin' up to The Hill
With Elon, Tulsi, and Don

Gerald Berry went to trial and lost--dumb-dumb move. Never ever go to trial and lose in a murder case. Even a bad plea deal is better than life behind bars, which is what you're gonna get every time if you take a murder charge to trial and lose. Better representation would've easily plead him out to something under 10 years. He'd have served 3-5 max.

whoa

heavy topic

can we go back to talking about chickens ?

yeah, death result in the commission of a felony...sounds like he or the defense attorney decided to take it to trial and not plea, while the others likely cut a deal.

an acquaintance of mine, their father ended up in a similar situation with a cartel that was under investigation for distribution of large amounts of drugs. Guy worked in a repair shop that worked on rentals and they would often come back ripped apart because of all the shit being hidden and taken out. everyone knew i guess, but he was just a mechanic and not directly involved in any distribution. Anyhow, went to go pick up a truck that had been left and it turned out the feds were watching it and picked him up along with the crew. The dealers all cut a deal and he went to trial, thinking he would be able to explain his side and be cleared.

Life in prison for distribution of marijuana.

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'Your AT&T Universal Card has arrived'? Oh God, Kick-fucking-ass, I got a Master Card! I don't believe it, man. Life is kinda cool sometimes.

Dont really feel sorry for criminals involved in invading someones home. Kill em all.

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Proud member of the white guy grievance committee

It aint the six minutes. Its what happens in those six minutes.

I'll update the log

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While I'm generally in favor of criminal justice reform and believe we the US and A lock way too many people up for way too long, if you're involved in either invading someone's home or facilitating invading someone's home, fuck you and fuck your life: rot in prison. No one should waste their time and money trying to get anyone involved in such activities any sort of clemency. Far more worthy cases out there on which to spend your time and resources.

WHAT ABOUT McGOWAN?!??!

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You know me like that.

I think it can be a little more complicated than that. Like the dopey teenagers in the Elkhart case who thought they were gonna rob the neighbor's house while he was at work. The neighbor shot their friend who was robbing with them and now they're charged with his murder. I might think having your friend die in your arms over a stupid teenage mistake you all made together is enough.

Now, if they had come in there packing pistols I'd feel differently.

_________________
Anybody here seen my old friend Bobby?
Can you tell me where he's gone?
I thought I saw him walkin' up to The Hill
With Elon, Tulsi, and Don

what if you're technically involved in a "home invasion" of your old home using a secret entrance that only you know about cuz you're somewhat kinda literally thinking you might impress the virgin mary for that first date you've been waiting for about 3 years at that point? should i be serving 15-20 for that one? i rang the doorbell a few times before coming in too but the fuckers didnt answer. i had to do a police escort to go over there and get my ron mexico shirt

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Hello, I'm Trumaine McClure. You may remember me from such late night suburban burglaries as Plano Was His Name-O and Bartlett IV: The Search For Cash.

Don't be a party to dangerous felonies that could foreseeably turn violent and/or result in death. It's rather quite simple.

Agree on the Elkhart case, they weren't packing, were dumbass kids doing dumbass thing, probably not a case where you should run them through for a life sentence.

Felony murder rule--like the death penalty in many states where it's still on the books but no one's ever executed anymore, they exist as hammers for prosecutors to bludgeon plea deals out of perps and get co-defendants to spill on their other fellow criminals to avoid life in prison or the chair. At the state level, if you refuse a plea deal and go to trial you're getting charged with the maximum charge and if convicted getting a max sentence. Almost always at the state level defendants who go to trial and lose could've plead out and done a comparatively nominal custodial term. Federal system with relatively rigorous sentencing guidelines reduces the delta between your likely sentence going to trial and getting convicted and what federal prosecutors can offer as a plea deal.

Hard to disagree with that sentiment. I was more interested in disparate outcomes based on what appear to be an identical set of facts. So your comment is not the dunk you think it is.

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Sounds right.

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Elections have consequences.

Yeah but my Simpsons shitpost above totally is.

No idea why, but this really got me.

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