Just to let everyone know

[oldsoldier]

Sometime ago I posted about the wife's jeep getting burglarized. Someone used a scanner to "catch" the keyless remote signal and after she left simply used a programable remote to unlock her vehicle and clean it out. Including a BOB, my new crash knife, a handgun and several other items.

UPDATE!! got a follow-up call from the local police today. In addition to my wife's vehicle there have been over 50 burglaries using the same procedure since ours. You think it's a sophisticated burglary ring? Profesional theives?

NOPE!! They also wanted to inform me they caught two of them. It seems they tried to rob a local convienence store using ths gun stolen from me!! Real desperados?

Nope again............... They rolled on their buddies, Seems like a group of teenager's ages 14 to 17 total of 5 of them are the crime ring. Local police said that due to their age's since they commited no VIOLENT act's that they most likely won't be prosecuted AND to make matters worse. Since they attempted to use MY STOLEN gun in the commision of an armed robbery 99% chance that the weapon will be kept and destroyed by the police department. Does that make sense to any body?? Or am I just an idiot for having a scratch your head and wonder WTF is going on here moment.

[Winnie]

Will you get compensated for the destruction of the gun?

[crashdive123]

Good that they caught them. Sucks about the gun. Is any of the other stuff they took recoverable? The not prosecuted thing puzzles me. Use a gun in the commission of a crime down here - you're doing some significant jail time.

[Rick]

Talk to the Prosecuting Attorney. That just doesn't sound right at all. What message does it send to them if they aren't prosecuted?!

http://www.vanderburghprosecutor.org/

[Ken]

That ain't right. Even in Massachusetts that wouldn't happen.

The 17-year-old would be indicted and prosecuted in Superior Court as an adult, and, if convicted of those offenses, would likely serve several years - at least 3 minimum mandatory just for the loaded firearm, and that would be in addition to other sentences.

Anyone under 17 would still be prosecuted, and would likely also serve a sentence. And the DA could still seek to have someone under 17 prosecuted as an adult.

You may have to wait until all the prosecutions were over, but you would get your gun back as well - if it was stolen from your home. If the gun was in your vehicle unattended in Mass, you would probably be prosecuted as well.

[crashdive123]

Florida has the 10-20-Life law if a firearm is used in the commission of a crime. Since it's inception, gun crimes have dropped. http://www.dc.state.fl.us/oth/10-20-life/index.html

[pocomoonskyeyes]

No that ain't right, That's why I say our system is no longer a "Justice System" but a "Legal System", no Justice at all for you the victim. I sure hope you get everything back. Unfortunately that will probably be after all the trials and appeals that might not even take place.

[Ken]

Is there an echo in this room? :innocent:

[catfish10101]

WOW!! Florida punishes the criminals and crime drops? WHAT A NOVEL IDEA!!!
Sorry to hear about your gun but there is always that little thing called RESTITUTION!!!

[AVENGED]

I Hate How Everyone Sues Everyone As Much As The Next Guy..... But Either Give Me My Gun Back Or I'll Get The Money Outta Ya To Buy Another One.

[oldsoldier]

Will you get compensated for the destruction of the gun?

Nope!! The cops said I'd have to take it up with my insurance company. Insurance company won't cover firearms stolen from vehicles.

[oldsoldier]

Good that they caught them. Sucks about the gun. Is any of the other stuff they took recoverable? The not prosecuted thing puzzles me. Use a gun in the commission of a crime down here - you're doing some significant jail time.

They claim to know nothing about the other stuff. Being under 18 they can get away with almost ANYTHING that is non-violent in nature.

[oldsoldier]

Talk to the Prosecuting Attorney. That just doesn't sound right at all. What message does it send to them if they aren't prosecuted?!

http://www.vanderburghprosecutor.org/

Tried that. Due to the increase in serious crime here. drug related, domestic violence etc. burglary especially juvinile is no longer a priority.

[crashdive123]

I would think that using a gun in the commission of a crime, even if not fired would not be considered non-violent.

[oldsoldier]

No that ain't right, That's why I say our system is no longer a "Justice System" but a "Legal System", no Justice at all for you the victim. I sure hope you get everything back. Unfortunately that will probably be after all the trials and appeals that might not even take place.

They (the theives) say that they don't know anything about the other stuff. So it's gone. I had already settled on that.

[oldsoldier]

That ain't right. Even in Massachusetts that wouldn't happen.

The 17-year-old would be indicted and prosecuted in Superior Court as an adult, and, if convicted of those offenses, would likely serve several years - at least 3 minimum mandatory just for the loaded firearm, and that would be in addition to other sentences.

Anyone under 17 would still be prosecuted, and would likely also serve a sentence. And the DA could still seek to have someone under 17 prosecuted as an adult.

You may have to wait until all the prosecutions were over, but you would get your gun back as well - if it was stolen from your home. If the gun was in your vehicle unattended in Mass, you would probably be prosecuted as well.
Since it was a legally registered firearm and I have a state and federal concel carry it was/is legal to have in a vehicle as long as it is "secured" being in a bag out of plain sight is considered secure.
If it was stolen from my home My insurance ( homeowners) would over it. Even though I wouldn't get it back from the police.

[oldsoldier]

I would think that using a gun in the commission of a crime, even if not fired would not be considered non-violent.

Welcome to the socialist state of Indiana. ( sorry to get political)

[crashdive123]

Well heck - just go and beat his a**.

[oldsoldier]

Well heck - just go and beat his a**.

Believe me vanderburg county and city of evansville will.........
Anybody need a good used street sign??:innocent:

[Camp10]

Well heck - just go and beat his a**.

Or hire some other delinquent to do it for you!:drool:

[Rick]

Don't blame Indiana on that one. That would not happen up here. Those kids would be prosecuted and the little idget that did the armed robbery would find himself in Pendelton. Time to vote in a new Prosecuting Attorney.

[pocomoonskyeyes]

Is there an echo in this room? :innocent:

Believe me, anyone that carries on a running verbal gun battle with someone called 2Dumb2Kwit needs all the back-up they can get. You need all the "Echoes" you can get!!:innocent:

[hoosierarcher]

If it isn't drug related Indiana lets too much slide. BUT if it IS drug related they go somewhat overboard. Here in Knox county they sentence people for possession to 3 years but put them on work release so they can pay for their own incarceration. They also charge them fines to create income for the county. They stay on electronic tethers for 2 to 3 years until they pay off their fines. THIS WAS REAL CRIME, PREMEDITATED, CALCULATED, PLANNED AND EXECUTED WITH MALICE AFORE THOUGHT FOR PERSONAL GAIN. It is criminal that they are not being tried.

[rwc1969]

Seems strange that they wouldn't give your property back. Do they give cars back if they are used in crime?

Also seems strange that they wouldn't prosecute anyone for grand theft auto and using a firearm in a crime.??

if this is true I'd contact the media, governor, representatives, NRA and anyone else that I thought might help my cause.

It ain't right!

[Ken]

You have a District Attorney. But there's also a state Attorney General. Just sayin.

[crashdive123]

Ken - since they are all minors - is suing their parents in small claims court an option?

[Ken]

Ken - since they are all minors - is suing their parents in small claims court an option?

Probably is. I'll check the state law and let you know.

[Ken]

Another procedure we have in Mass is that ANY private party can apply with the clerk of the District Court (adults) or Juvenile Court (under 17) to have a criminal/deliquency complaint issue by the clerk/magistrate. The DA isn't even involved in the process. If the clerk/magistrate issues a complaint, the DA has no choice but to prosecute it or deal with it in court - where victims have statutory rights. There's no press coverage, and proceedings are closed to the public, in juvenile court. But in ditrict court, the entire show is a matter of public record.

Something else to research about Indiana law.

[oldsoldier]

Thanks some good idea's that I will persue. IMO I think that the biggest problem is our local procecutor is just to da## lazy to do anything except major stuff and then sometimes not even then. Also a good idea about the media. We have a local news reporter that just loves to stick iit to the local goverment. I think I'll give her a call monday after i call the local DA. Thanks for the input. I've been so darn pi$$ed about it that I can't see straight.

[rwc1969]

You know I'm not a fan of the media, but in a case like this I think it's warranted. I hope you can get your gun back at least.

P.S. I don't agree with suing the parents although that does seem to be the growing trend in our society.

[crashdive123]

I'm not a big fan of suing either. However - if the prosecutor won't pursue the case because they are minors - because he has no legal recourse against them because they are minors - their parents are obviously paying little attention to the activities of their children (50 vehicles burglarized) - maybe they will start paying attention to their kids if not doing so becomes painful to them.

[Ken]

Indiana Victim Rights

Article I, § 13(b) of the Indiana Constitution

Victims of crime have the right to be treated with fairness, dignity, and respect throughout the criminal justice process, to be informed of and present during public hearings, and confer with the prosecution, to the extent that exercising these rights does not infringe upon the constitutional rights of the accused.

This Amendment to the Indiana Constitution was passed overwhelmingly by both Houses of the 1994 General Assembly (Public Law 177-1994) and the 1995 General Assembly (Public Law 345-1995), before adoption by statewide referendum in the 1996 General Election.

Indiana Code 33-14-10-5 provides that the prosecuting attorney or the victim assistance program shall do the following:

(1) Inform a victim that the victim may be present at all public stages of the criminal justice process to the extent that the presence and statements of the victim do not interfere with the constitutional rights of the defendant, and that there has not been a court order restricting, limiting, or prohibiting attendance of the proceedings.

(2) Timely notify a victim of all hearings and proceedings that are scheduled for the matter in which a victim was involved.

(3) Promptly notify a victim when a court proceeding has been rescheduled or canceled.

(4) Obtain an interpreter or translator, if necessary, to advise a victim of the rights granted to a victim under the law.

(5) Coordinate efforts of local law enforcement agencies that are designed to inform victims promptly after an offense occurs of the availability of, and the application process for, community services for victims, and the families of victims, including information concerning services such Victim compensation funds, Assistance resources, Legal resource, Mental health services, Social services, Health resources, Rehabilitative services, and Financial assistance.

(6) Inform a victim that the court may order a defendant convicted of the offense involving the victim to pay restitution to the victim under IC 35-50-5-3.

(7) In a county having a victim-offender reconciliation program (VORP), provide an opportunity for a victim, if the accused person or the offender agrees, to meet with the accused person or the offender in a safe, controlled environment; and to give to the accused person or the offender, either orally or in writing, a summary of the financial, emotional, and physical effects of the offense on the victim and their family; and to negotiate a restitution agreement to be submitted to the sentencing court for damages incurred by the victim as a result of the offense.

(8) Assist a victim in preparing verified documentation necessary to obtain a restitution order under IC 35-50-5-3.

(9) Advise a victim of other rights granted to a victim under the law. If a victim participates in a victim-offender reconciliation program (VORP) under subsection (a)(7), the victim shall execute a waiver releasing the prosecuting attorney responsible for the victim assistance program; and the victim assistance program; from civil and criminal liability for actions taken by the victim, an accused person, or an offender as a result of participation by the victim, the accused person, or the offender in a victim-offender reconciliation program (VORP). A victim is not required to participate in a victim-offender reconciliation program (VORP) under subsection (a)(7). (As added by P.L.36-1990, 5.)

Indiana crime victims have additional rights including:

The right to notification when an offender is released (IC 35-33-12)
to counseling (IC 35-37-6)

The right to notification of any plea agreement (IC 35-35-3)

The right to confidential communications related

The right to input at sentencing (IC 35-38-1-8)
Indiana Restitution Orders

Indiana Code 35-50-5-3 Version b: Restitution orders

Except as provided, in addition to any sentence imposed for a felony or misdemeanor, the court may, as a condition of probation or without placing the person on probation, order the person to make restitution to the victim of the crime, or the estate or family of a victim who is deceased. The court shall base its restitution order upon a consideration of:

(1) property damages of the victim incurred as a result of the crime, based on the actual cost of repair (or replacement if repair is inappropriate);

(2) medical and hospital costs incurred by the victim (before the date of sentencing) as a result of the crime;

(3) the cost of medical laboratory tests to determine if the crime has caused the victim to contract a disease or other medical condition;

(4) earnings lost by the victim (before the date of sentencing) as a result of the crime including earnings lost while the victim was hospitalized or participating in the investigation or trial of the crime; and

(5) funeral, burial, or cremation costs incurred by the family or estate of a homicide victim as a result of the crime.

A restitution order is a judgment lien that attaches to the property of the person subject to the order; and it may be enforced to satisfy any payment that is delinquent under the restitution order by the person in whose favor the order is issued or their assignee.

The issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the felony or misdemeanor charge was filed. The restitution order must include the name and address of the person that is to receive the restitution and the amount of restitution the person is to receive.

You can still sue an offender for any additional damages that the court did not require them pay you.

The court shall base its restitution order upon a consideration of the amount of money that the convicted person converted, misappropriated, or received, or for which the convicted person conspired.

Indiana Code 34-31-4
Chapter 4. Limited Liability of Parents for Damages Caused by Child

Indiana Code 34-31-4-1 Maximum limit of liability

Sec. 1. Except as provided in section 2 of this chapter, a parent is liable for not more than five thousand dollars ($5,000) in actual damages arising from harm to a person or damage to property knowingly, intentionally, or recklessly caused by the parent's child if:
(1) the parent has custody of the child; and
(2) the child is living with the parent.
As added by P.L.1-1998, SEC.27.


Indiana Code 34-31-4-2
Child participant in criminal gang activity

Sec. 2. A parent of a child who is a member of a criminal gang (as defined in IC 35-45-9-1), who actively encourages or knowingly benefits from the child's involvement in the criminal gang, is liable for actual damages arising from harm to a person or property intentionally caused by the child while participating in a criminal gang activity if:
(1) the parent has custody of the child;
(2) the child is living with the parent or guardian; and
(3) the parent failed to use reasonable efforts to prevent the child's involvement in the criminal gang.
As added by P.L.1-1998, SEC.27.


Indiana Code 35-45-9
Chapter 9. Criminal Gang Control


Indiana Code 35-45-9-1

"Criminal gang" defined



Sec. 1. As used in this chapter, "criminal gang" means a group

with at least three (3) members that specifically:
(1) either:
(A) promotes, sponsors, or assists in; or
(B) participates in; or
(2) requires as a condition of membership or continued
membership;
the commission of a felony or an act that would be a felony if
committed by an adult or the offense of battery (IC 35-42-2-1).
As added by P.L.180-1991, SEC.11. Amended by P.L.140-1994,
SEC.5; P.L.192-2007, SEC.9.



IC 35-

[Camp10]

I'm not a big fan of suing either. However - if the prosecutor won't pursue the case because they are minors - because he has no legal recourse against them because they are minors - their parents are obviously paying little attention to the activities of their children (50 vehicles burglarized) - maybe they will start paying attention to their kids if not doing so becomes painful to them.

I have mixed feelings about this. I was a real $hit growing up and my parents were very responsible and really did a good job being parents. It wouldnt have been fair to punish them for what I did...my 2 cents.

[oldsoldier]

I have mixed feelings about this. I was a real $hit growing up and my parents were very responsible and really did a good job being parents. It wouldnt have been fair to punish them for what I did...my 2 cents.

Yeah I have to agree if the police/DA won't do anything I'll just settle for the pennies on the dollar from the insurance company.

Also thanks Ken I'll read your info very carefully.

[cowgirlup]

Man. That really stinks and I hope it all works out somehow. Every suggestion I thought of has already been mentioned.

Letting minors off? Great way to create adult criminals.
Hope they don't figure your house is the go to place for a weapon since there was one in the car!!!

[pocomoonskyeyes]

NOPE!! They also wanted to inform me they caught two of them. It seems they tried to rob a local convienence store using ths gun stolen from me!! Real desperados?

Nope again............... They rolled on their buddies, Seems like a group of teenager's ages 14 to 17 total of 5 of them are the crime ring. Local police said that due to their age's since they commited no VIOLENT act's that they most likely won't be prosecuted AND to make matters worse. Since they attempted to use MY STOLEN gun in the commision of an armed robbery 99% chance that the weapon will be kept and destroyed by the police department. Does that make sense to any body?? Or am I just an idiot for having a scratch your head and wonder WTF is going on here moment.

Correct me if I am wrong, But isn't it required by law to prosecute those who use a firearm in the commission of a felony? If so wouldn't the DA be breaking the law himself in failing to do so? I mean I don't know, Honestly I am just asking a question. But I thought that using a firearm in a crime was automatically prosecuted regardless of circumstances.

[rwc1969]

I have mixed feelings about this. I was a real $hit growing up and my parents were very responsible and really did a good job being parents. It wouldnt have been fair to punish them for what I did...my 2 cents.

that's my reasoning too.

:innocent:

But, if the parents knew this was going on or were profiting from it that's a different story alotgether. They should then be prosecuted as criminals as well.

[crashdive123]

Oldsoldier,

This may have been discussed elsewhere in the thread, but would mind repeating just why you won't get your gun back? I can understand why a weapon used in a crime may need to be kept for evidence - and evidence is sometimes kept for many many years - but when you mentioned the gun would be destroyed, that completely blew that theory.

Something just isn't making sense to me. I know that guns are returned to owners who have been robbed where I live. Have they given you a specific law that requires your gun be destroyed and not returned? If not, I would ask for that.

I would like to know what their reasoning is as well. On the surface it looks as though they view an inanimate object as the problem, but not the individual that misused it. If that is their logic I wonder what they do to automobiles that are involved in accidents where there is an injury? Must be the car's fault right?

[Ken]

Ind. Code § 35-47-3-1 : Indiana Code - Section 35-47-3-1: Disposal of confiscated weapons in accordance with chapter

All firearms confiscated pursuant to statute shall, upon conviction of the person for the offense for which the confiscation was made, be disposed of in accordance with this chapter.
As added by P.L.311-1983, SEC.32.

<H3>Ind. Code § 35-47-3-2 : Indiana Code - Section 35-47-3-2: Application of section to firearms not required to be registered in National Firearms Registration and Transfer Record; return of firearms to rightful owners; disposal procedure</H3><H3>(a) This section applies only to firearms which are not required to be registered in the National Firearms Registration and Transfer Record.</H3><H3>
(b) Firearms shall be returned to the rightful owner at once following final disposition of the cause if a return has not already occurred under the terms of IC 35-33-5. If the rightful ownership is not known the law enforcement agency holding the firearm shall make a reasonable attempt to ascertain the rightful ownership and cause the return of the firearm. However, nothing in this chapter shall be construed as requiring the return of firearms to rightful owners who have been convicted for the misuse of firearms. In such cases, the court may provide for the return of the firearm in question or order that the firearm be at once delivered:
(1) except as provided in subdivision (2), to the sheriff's department of the county in which the offense occurred; or
(2) to the city or town police force that confiscated the firearm, if:
(A) a member of the city or town police force confiscated the firearm; and
(B) the city or town has a population of more than two thousand five hundred (2,500) and less than two hundred fifty thousand (250,000).
(c) The receiving law enforcement agency shall dispose of firearms under subsection (b), at the discretion of the law enforcement agency, not more than one hundred twenty (120) days following receipt by use of any of the following procedures:
(1) Public sale of the firearms to the general public as follows:
(A) Notice of the sale shall be:
(i) posted for ten (10) days in the county courthouse in a place readily accessible to the general public; and
(ii) advertised in the principal newspaper of the county for two (2) days in an advertisement that appears in the newspaper at least five (5) days prior to the sale.
(B) Disposition of the firearm shall be by public auction in a place convenient to the general public, with disposition going to the highest bidder. However, no firearm shall be </H3>
transferred to any bidder if that bidder is not lawfully eligible to receive and possess firearms according to the laws of the United States and Indiana.
(C) All handguns transferred under this subdivision shall also be transferred according to the transfer procedures set forth in this article.
(D) Money collected pursuant to the sales shall first be used to defray the necessary costs of administering this subdivision with any surplus to be:
(i) deposited into the receiving law enforcement agency's firearms training fund, if the law enforcement agency is a county law enforcement agency, or into a continuing education fund established under IC 5-2-8-2, if the law enforcement agency is a city or town law enforcement agency; and
(ii) used by the agency exclusively for the purpose of training law enforcement officers in the proper use of firearms or other law enforcement duties, if the law enforcement agency is a county law enforcement agency, or for law enforcement purposes, if the law enforcement agency is a city or town law enforcement agency.
(2) Sale of the firearms to a licensed firearms dealer as follows:
(A) Notice of the sale must be:
(i) posted for ten (10) days in the county courthouse in a place readily accessible to the general public; and
(ii) advertised in the principal newspaper of the county for two (2) days in an advertisement that appears in the newspaper at least five (5) days before the sale.
(B) Disposition of the firearm shall be by auction with disposition going to the highest bidder who is a licensed firearms dealer.
(C) Money collected from the sales shall first be used to defray the necessary costs of administering this subdivision and any surplus shall be:
(i) deposited into the receiving law enforcement agency's firearms training fund or other appropriate training activities fund; and
(ii) used by the agency exclusively for the purpose of training law enforcement officers in the proper use of firearms or other law enforcement duties.
(3) Sale or transfer of the firearms to another law enforcement agency.
(4) Release to the state police department laboratory or other forensic laboratory administered by the state or a political subdivision (as defined in IC 36-1-2-13) for the purposes of research, training, and comparison in conjunction with the forensic examination of firearms evidence.
(5) Destruction of the firearms.
(d) Notwithstanding the requirement of this section mandating disposal of firearms not more than one hundred twenty (120) days following receipt, the receiving law enforcement agency may at its discretion hold firearms it may receive until a sufficient number has accumulated to defray the costs of administering this section if a delay does not exceed one hundred eighty (180) days from the date of receipt of the first firearm in the sale lot. In any event, all confiscated firearms shall be disposed of as promptly as possible.
(e) When a firearm is delivered to the state police department laboratory or other forensic laboratory under subsection (c)(4) and the state police department laboratory or other forensic laboratory determines the laboratory has no further need for the firearm in question, the laboratory shall return the firearm to the law enforcement agency for disposal under subsection (c).
As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986, SEC.2; P.L.57-1992, SEC.7; P.L.48-1993, SEC.7.

[oldsoldier]

Correct me if I am wrong, But isn't it required by law to prosecute those who use a firearm in the commission of a felony? If so wouldn't the DA be breaking the law himself in failing to do so? I mean I don't know, Honestly I am just asking a question. But I thought that using a firearm in a crime was automatically prosecuted regardless of circumstances.

I thought so but evedently when it is involving a juvenile the rules are different. I am looking into the info ken gave me we'll see what happens

[oldsoldier]

Oldsoldier,

This may have been discussed elsewhere in the thread, but would mind repeating just why you won't get your gun back? I can understand why a weapon used in a crime may need to be kept for evidence - and evidence is sometimes kept for many many years - but when you mentioned the gun would be destroyed, that completely blew that theory.

Something just isn't making sense to me. I know that guns are returned to owners who have been robbed where I live. Have they given you a specific law that requires your gun be destroyed and not returned? If not, I would ask for that.

I am still kind of lost here as well, from what I gather so far, If a firearm is used in the commision of or the attempted commision of a felony. Like armed robbery, assault, etc. If the police catch the person/persons with the weapon then it is siezed and after using it for evedince it is then turned back over to the police for destruction. PERIOD no matter the circumstance behind the weapons possesion. In other words it doesn't matter if they stole it the registered owner, even if it was reported stolen is SOL as far as getting it back. I left messages for the local procequtor ( sorry spelling) to call me. Hope to hear from him today ( monday) as to explanation. I'll keep you updated.

[crashdive123]

If they are not going to prosecute they obviously feel that a felony was not committed or attempted. Contact a local NRA rep right away. If no charges are filed and they destroy your gun that is criminal all by itself in my book. Contact the NRA or a lawyer today!

[aflineman]

If they are not going to prosecute they obviously feel that a felony was not committed or attempted. Contact a local NRA rep right away. If no charges are filed and they destroy your gun that is criminal all by itself in my book. Contact the NRA or a lawyer today!

This is what is confusing me also. How can they say a felony was committed (so that the weapon must be destroyed), but not prosecute the individual who committed the crime for a felony.
Not to be flippant, but it sounds like the weapon is the one being tried as an adult. How old did you say it was?

[Ole WV Coot]

Friend of mine had one stolen on a burglary at his home in VA. The juvenile took plenty of booze and anything not nailed down, committed a felony and was caught hitch hiking on I-95. He filed a report immediately, even gave the serial number and it took a year in Fairfax Co., VA for him to get his property back, he didn't quit or it would have "disappeared".

[oldsoldier]

This is what is confusing me also. How can they say a felony was committed (so that the weapon must be destroyed), but not prosecute the individual who committed the crime for a felony.
Not to be flippant, but it sounds like the weapon is the one being tried as an adult. How old did you say it was?

The individuals (5) we all 17 and under. They attempted 2 of them to rob a convience store with the handgun and got caught. After talking to the local DA this morning. He called me wanting to know why I was stirring up so much sh##? WRONG thing to say to me! So after informing him what a low down dirty sack of scum I think he is and EXACTLY how I feel about me being penalized for a group of scumbag trash's criminal acts and that after I get through with him with the help of the local/national press both print and TV he will be lucky to be able to get elected as street sweeper next election. We discussed his quote " my concerns that he's not doing his job" He promised to look into the case a little deeper. Said he will contact me before the end of the week. BUT if I insist that he procecute the "kids" then he will see what he can do. I asked him if he likes and wants to keep his job? I think he got my message! I'll let you all know what happens.
BTW thanks Ken Your information was helpful especially when I sited him a couple of the codes.

[doug1980]

Ah the great legal system in Indiana. Sounds like Evansville is getting pretty bad these days.... what the heck happened? I remember not having to even lock my doors and keeping the key in the ignition, guess I couldn't do that now.

[nell67]

The individuals (5) we all 17 and under. They attempted 2 of them to rob a convience store with the handgun and got caught. After talking to the local DA this morning. He called me wanting to know why I was stirring up so much sh##? WRONG thing to say to me! So after informing him what a low down dirty sack of scum I think he is and EXACTLY how I feel about me being penalized for a group of scumbag trash's criminal acts and that after I get through with him with the help of the local/national press both print and TV he will be lucky to be able to get elected as street sweeper next election. We discussed his quote " my concerns that he's not doing his job" He promised to look into the case a little deeper. Said he will contact me before the end of the week. BUT if I insist that he procecute the "kids" then he will see what he can do. I asked him if he likes and wants to keep his job? I think he got my message! I'll let you all know what happens.
BTW thanks Ken Your information was helpful especially when I sited him a couple of the codes.
Thats awesome,OS,I hope he really got your message,and takes it to heart,slapping these kids on the wrist for what they have done is no deterent,they need to be taught a life long lesson NOW,and so does that scumbag DA!

[Rick]

I'm glad he's taking another look. I can't understand his hesitation. There must be something there that isn't coming to light. I wonder whose kids they are?

[crashdive123]

Good luck OS - obviously this DA has never seen what you do with watermelons. (probably not a good idea to tell him either, as he may see that as a threat).:innocent::innocent:

[oldsoldier]

I'm glad he's taking another look. I can't understand his hesitation. There must be something there that isn't coming to light. I wonder whose kids they are?

I think the problem actually is a case of far to much crime here with limited procecution staff, limited jail space,etc. So they are trying to let "lesser crimes" slide. I'm not sure.

[Ken]

I think the problem actually is a case of far to much crime here with limited procecution staff, limited jail space,etc. So they are trying to let "lesser crimes" slide. I'm not sure.

Rest assured, if they let this one slide, they'll have a lot of far more serious ones to prosecute, and the same "kids" will be the defendants. :sneaky2:

[rwc1969]

You never know. they might grow up to be doctors and lawyers and such.

http://www.youtube.com/watch?v=LP5irLCDB4Q

[oldsoldier]

Well I got a call from the local procecutor about an hour ago. He has decided since I started something ( somehow:innocent: the other people whose vehicles were robbed by these scum found out his reluctance to procecute) and several of them started raising heck. That " Due to the scope of the crimes by the excessive number of burglaries (50) that it is to the publics advantage and best interest to persue this case(s) to the fullest extent of the law.
He is still waffling about the disposition of my weapon. Well at least on step closer.

[crashdive123]

Great. Keep after him (I know you will).

[COWBOYSURVIVAL]

Great News OS! I have been following this post! I am still prosecuting the guy that stole my mower, been after him since the beginning of last summer. It takes time and persistance...but he has been in jail for a few months and I aim to keep him there! Call it your civil duty! Now who in the heck stole my axe!

[CaptnAndy]

Great Information, Thanks a lot for digging it up. As an Evansvillian who just got a lifetime carry permit, I am rethinking keeping my pistol in my locked car.

Old Soldier, if I can do anything to support you, please let me know. I don't have a lot of connections, but I do vote.

[oldsoldier]

Great Information, Thanks a lot for digging it up. As an Evansvillian who just got a lifetime carry permit, I am rethinking keeping my pistol in my locked car.

Old Soldier, if I can do anything to support you, please let me know. I don't have a lot of connections, but I do vote.

Thanks Captn. Good to see ya still here. How's the racing doing? Sorry I havn't had a chance to stop in and say hello. If you get a chance PM my with the hours again. Thx.

[pocomoonskyeyes]

Well I got a call from the local procecutor about an hour ago. He has decided since I started something ( somehow:innocent: the other people whose vehicles were robbed by these scum found out his reluctance to procecute) and several of them started raising heck. That " Due to the scope of the crimes by the excessive number of burglaries (50) that it is to the publics advantage and best interest to persue this case(s) to the fullest extent of the law.
He is still waffling about the disposition of my weapon. Well at least on step closer.

YES!!! That's what I'm talking about!!

[oldsoldier]

UPDATE!!!! Got a call from the county procecutor today. The bunch that burglarized my wife's jeep along with about 50 others made a deal with the court today. They plead guilty and are ALL going to spend a MINIMUM of 10 years in state prison. The one's who used my stolen firearm in an attempted armed robbery got added time for. Armed robbery, possesion of stolen property, and a couple of other charges. They plead guilty and they each got another 10-15 years in addition to the 10 on other charges. He also said due to laws relating to armed robbery I WILL NOT get my gun back, instead they are going to pay me restitution for the weapon. Price of the weapon ( new price purchased by state) also compensation for loss of use ( whatever that means????) As well as compensation for time/travel related to the case. He said that I would be paid within 45 days. The amount I'll get????........... $1,219.22.
And you wonder why the state's going broke???? I can get a replacement new for less that $600.00

[nell67]

Thats great news OS!!!

[Pal334]

Mark one for the good guys.

[cowgirlup]

YAY! Glad something worked out well with this.
I guess the extra compensation is for the annoyance of having to deal with it.
:)

[Batch]

Glad it worked out. 10 years? I wouldn't have thought that much for B&E.

They will probably tack the restitution onto these guys probation or parole terms.

[Rick]

I was thinking the same thing on the restitution. I'm delighted to see things have worked out for you. The aggravation and time involved are helped by the money. Glad the little miscreants get to spend some time thinking about what they did.

Curious if the prosecutor said anything about them using a remote reader or if the police confiscated the device?

[2dumb2kwit]

Thanks for letting us know, OS. Good news, like this, is always welcome.

[Trabitha]

Due to the increase in serious crime here. drug related, domestic violence etc. burglary especially juvinile is no longer a priority.

Ummm...Rick? Please tell me it's not like that where I'm looing...:blink:

[Rick]

It's not. You'll see some serious stuff in Indy but every metropolitan area has its bad areas. Where we are is about 25 miles from that. OS is at the southwest end of the state. Dang near a Kentuckian or Illinoisian (Yikes!).

[oldsoldier]

Glad it worked out. 10 years? I wouldn't have thought that much for B&E.

They will probably tack the restitution onto these guys probation or parole terms.

Normally no BUT they were carrer punks and charged with over 50 counts.

[RichJ]

Good for you. You can use that extra $600 to rebuild your BOB.

Why on earth would anyone plead guilty and except an automatic 10 years? These guys could have begged for mercy and hoped that a sympathetic jury would see them as stupid kids and give them something a lot less. Maybe two years + 10 years probation or something. They would probably do eight months and be out on good behavior. As it is, they are doing 10 minimum!
The other kids who did the robbery are getting 20-25 years. How on earth is that a plea deal? That would never be me, but if it were I'd take my chances with a jury instead of accepting 25 years. That's the kind or sentence you get for murder!!!

I don't want to defend these criminals, but their sentencing seems awfully harsh. If I were on that jury, I would have to consider that these were kids and couldn't possibly understand the full ramifications of what they were doing. Thievery is one thing, armed robbery is a whole different ballgame. I'd give the thieves a get-your-attention sentence and up the time considerably for the robbers, but it wouldn't be 25 years.

[crashdive123]

Good for you. You can use that extra $600 to rebuild your BOB.

Why on earth would anyone plead guilty and except an automatic 10 years? These guys could have begged for mercy and hoped that a sympathetic jury would see them as stupid kids and give them something a lot less. Maybe two years + 10 years probation or something. They would probably do eight months and be out on good behavior. As it is, they are doing 10 minimum!
The other kids who did the robbery are getting 20-25 years. How on earth is that a plea deal? That would never be me, but if it were I'd take my chances with a jury instead of accepting 25 years. That's the kind or sentence you get for murder!!!

I don't want to defend these criminals, but their sentencing seems awfully harsh. If I were on that jury, I would have to consider that these were kids and couldn't possibly understand the full ramifications of what they were doing. Thievery is one thing, armed robbery is a whole different ballgame. I'd give the thieves a get-your-attention sentence and up the time considerably for the robbers, but it wouldn't be 25 years.

My guess is that they were given the option of pleading to what they did, or take their chances with being charged on 50 additional counts. Remember - the one they got caught on was the commission of a robbery with a deadly weapon.

[Rick]

Indiana has had a three strikes sentencing law since 1994 so 10-25 might have been the very best choice if they had priors.

"Will RichJ please stand. This court hereby sentences you to 300 years without chance of parole."
"I get to live 300 years? Whoopey!!!!"

[RichJ]

My guess is that they were given the option of pleading to what they did, or take their chances with being charged on 50 additional counts. Remember - the one they got caught on was the commission of a robbery with a deadly weapon.

It's sad that thieving kids can essentially face life in prison yet serial child rapists get six months in County lockup and probation. You would probably face less prison time for premeditated murder than what these guys were looking at.

[tipacanoe]

I think that since the state is making sure you are compensated, you might as well get two replacements. Glad things worked out and they got their just reward.

[pocomoonskyeyes]

UPDATE!!!! Got a call from the county procecutor today. The bunch that burglarized my wife's jeep along with about 50 others made a deal with the court today. They plead guilty and are ALL going to spend a MINIMUM of 10 years in state prison. The one's who used my stolen firearm in an attempted armed robbery got added time for. Armed robbery, possesion of stolen property, and a couple of other charges. They plead guilty and they each got another 10-15 years in addition to the 10 on other charges. He also said due to laws relating to armed robbery I WILL NOT get my gun back, instead they are going to pay me restitution for the weapon. Price of the weapon ( new price purchased by state) also compensation for loss of use ( whatever that means????) As well as compensation for time/travel related to the case. He said that I would be paid within 45 days. The amount I'll get????........... $1,219.22.
And you wonder why the state's going broke???? I can get a replacement new for less that $600.00

Then get two????

I understand what you are saying, why spend a single penny if giving the gun back would be sufficient....assuming they didn't damage it.

[Winnie]

Good news indeed! People power in action.

[oldsoldier]

Curious if the prosecutor said anything about them using a remote reader or if the police confiscated the device?

Yes confiscated and will be destroyed within 90 days.

[oldsoldier]

Good for you. You can use that extra $600 to rebuild your BOB.

Why on earth would anyone plead guilty and except an automatic 10 years? These guys could have begged for mercy and hoped that a sympathetic jury would see them as stupid kids and give them something a lot less. Maybe two years + 10 years probation or something. They would probably do eight months and be out on good behavior. As it is, they are doing 10 minimum!
The other kids who did the robbery are getting 20-25 years. How on earth is that a plea deal? That would never be me, but if it were I'd take my chances with a jury instead of accepting 25 years. That's the kind or sentence you get for murder!!!

I don't want to defend these criminals, but their sentencing seems awfully harsh. If I were on that jury, I would have to consider that these were kids and couldn't possibly understand the full ramifications of what they were doing. Thievery is one thing, armed robbery is a whole different ballgame. I'd give the thieves a get-your-attention sentence and up the time considerably for the robbers, but it wouldn't be 25 years.


From what i have been able to find out they have records dating back to their early teens and multiple juvinile arrests for everything from burglary to drug dealing, The court finally decided enough and procecuted them as adults. Doing so they could have if they went to trial convicted and sentenced to 1-5 years on EACH count so the could have recieved a 50 year sentence on the burglaries alone. Although the likely hood of that happening is pretty slim.

[oldsoldier]

Then get two????

I understand what you are saying, why spend a single penny if giving the gun back would be sufficient....assuming they didn't damage it.

Weapon wasn't damaged BUT the procecutor said that it is easier to just "replace" a weapon used in a serious crime than it is to "take it off record as a stolen weapon used in the commision of a felony" or some such thing. As for two I also have my eye on a supressed wather .22 automatic.
$725.00 + tax stamp.

[crashdive123]

From what i have been able to find out they have records dating back to their early teens and multiple juvinile arrests for everything from burglary to drug dealing, The court finally decided enough and procecuted them as adults. Doing so they could have if they went to trial convicted and sentenced to 1-5 years on EACH count so the could have recieved a 50 year sentence on the burglaries alone. Although the likely hood of that happening is pretty slim.

The repeat offenses are IMO a direct result of prosecutors taking the attitude that this one did initially. As long as they feel there is no penalty for their actions, there is not need for them to change.

[oldsoldier]

The repeat offenses are IMO a direct result of prosecutors taking the attitude that this one did initially. As long as they feel there is no penalty for their actions, there is not need for them to change.

Pretty much what the judge told them. Seems we have a new judge here that doesn't believe in coddling a punk regardless of age. He looks at crime commited and the offenders history.

[Rick]

Yeah for......common sense!

[standingbear]

Good to hear you got copinsated and they got what they diserved(cant spell sorry):tongue_smilie:

[oldsoldier]

Good to hear you got copinsated and they got what they diserved(cant spell sorry):tongue_smilie:

Thanks bear, still waiting on the check. Should be getting it in the next couple of weeks. Don't worry about the spelling. If that was held against someone, They would have ran me off the first day:blushing:

[glockcop]

Sometime ago I posted about the wife's jeep getting burglarized. Someone used a scanner to "catch" the keyless remote signal and after she left simply used a programable remote to unlock her vehicle and clean it out. Including a BOB, my new crash knife, a handgun and several other items.

UPDATE!! got a follow-up call from the local police today. In addition to my wife's vehicle there have been over 50 burglaries using the same procedure since ours. You think it's a sophisticated burglary ring? Profesional theives?

NOPE!! They also wanted to inform me they caught two of them. It seems they tried to rob a local convienence store using ths gun stolen from me!! Real desperados?

Nope again............... They rolled on their buddies, Seems like a group of teenager's ages 14 to 17 total of 5 of them are the crime ring. Local police said that due to their age's since they commited no VIOLENT act's that they most likely won't be prosecuted AND to make matters worse. Since they attempted to use MY STOLEN gun in the commision of an armed robbery 99% chance that the weapon will be kept and destroyed by the police department. Does that make sense to any body?? Or am I just an idiot for having a scratch your head and wonder WTF is going on here moment.

I did not read all the other posts but that is 100% illegal. Normanlly that gun would be kept as evidence for a pending trial. After trial your gun would be returned to you providing you can give written proof of ownership (receipt/notorized bill of sale ect.). Call the Dist Att office to confirm that there will be no prosecution. If this turns out to be the case there is NO reason you should not be able to get your gun back RIGHT NOW from the police. If there is going to be prosecution just wait until the trial is over and get the weapon released back to you through the Dist Att's office. Either way your gun has been recovered and you should get it back. Any other scenario is ILLEGAL. Sounds like somebody is trying to pull the wool over someone's eyes they figure doesn't know any better. Moral of the story: GO GET YOUR SH*T BACK!

[oldsoldier]

I did not read all the other posts but that is 100% illegal. Normanlly that gun would be kept as evidence for a pending trial. After trial your gun would be returned to you providing you can give written proof of ownership (receipt/notorized bill of sale ect.). Call the Dist Att office to confirm that there will be no prosecution. If this turns out to be the case there is NO reason you should not be able to get your gun back RIGHT NOW from the police. If there is going to be prosecution just wait until the trial is over and get the weapon released back to you through the Dist Att's office. Either way your gun has been recovered and you should get it back. Any other scenario is ILLEGAL. Sounds like somebody is trying to pull the wool over someone's eyes they figure doesn't know any better. Moral of the story: GO GET YOUR SH*T BACK!

GC update!! They WILL NOT return my weapon but they are going to ( the state) reimburse me for it's replacement. Actually when the add up all the "add-ons" they are giving me double what the replacement cost is.

[Rick]

OS - I think I've come up with a plan. You leave all your weapons in your jeep and I'll leave all mine in my truck. I'll steel yours and you steal mine. After we get the check to double our inventory then we'll give the weapons back and we will have 3 times what we started with!! The first part of genius is having a plan. I think we've got that covered.

[Rick]

No. My single six, for example, I paid around $125 for. I don't think I could find it for $250 today. Not new anyway. Some others I might if I knew I could go out and replace them.

[Ole WV Coot]

If I owned any firearms I would not sell them to any agency. If I was smart I would have bought all of them at private sales. I wouldn't want any with recorded numbers, fired slug or lock and you never can tell what type of criminals might have access to those records. I think I will even give up my CCW because I can't find my registered Beretta that's missing.

[Rick]

This may be a job for the F.A.R.T.s. That Beretta has been missing a long time and with no reasonable expectation that it's going to give up on its own we might have to send in a search team. You might want to put supper on, though. We aren't too fast anymore. Oh, and some of that clear WV water....strictly for medicinal purposes. Klkak has a tendency to get the colic if he doesn't get some medicinal water.

[Ole WV Coot]

I have offered the wife a monetary reward, more than it's worth(only way I can bribe her now) and she tells me to think about where I could have put it. I sit down and she comes in and just says did you? I say did I what? That kinda ends it..........

[Rick]

You'd think a company as large as Beretta would come up with a remote that transmits a signal to the firearm. A loud squeal, no that won't work. Maybe something like a train whistle. They have to know us old guys don't remember stuff so being able to find the dang car keys would ..... eyeglasses.... that's it. I can't hear anything without 'em.

[oldsoldier]

You'd think a company as large as Beretta would come up with a remote that transmits a signal to the firearm. A loud squeal, no that won't work. Maybe something like a train whistle. They have to know us old guys don't remember stuff so being able to find the dang car keys would ..... eyeglasses.... that's it. I can't hear anything without 'em.

Shoot Rick that wouldn't work either we'd just loose the remote finder thingy as well.:blushing:

[yellowcab]

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[yellowcab]

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