Xavier Arrested...

[Class of '66 Old Fart 80,957]

Dustin Dopirak -

Know some others including have had this, but just to update what is or could be next on the Xavier Johnson case, according to court records, there's a pre-trial conference sat for May 26 and jury trial set to start Sept. 6. ...  obviously there could be a plea deal in between, so the fact that a date for a trial has been set doesn't mean that a trial will actually occur.

[Honkyman 1,670]

47 minutes ago, Class of '66 Old Fart said:

obviously there could be a plea deal in between, so the fact that a date for a trial has been set doesn't mean that a trial will actually occur.

No more than 5% of criminal cases actually go to trial. The others are either dismissed or plea bargained. This case won't go to trial.

[RaceToTheTop 23,597]

39 minutes ago, Honkyman said:

No more than 5% of criminal cases actually go to trial. The others are either dismissed or plea bargained. This case won't go to trial.

Yeah, can't imagine a scenario where it would go to trial.  What % of non-DUI driving cases go to trial?

[Stuhoo 75,564]

Just now, brumdog45 said:

Yeah, can't imagine a scenario where it would go to trial.  What % of non-DUI driving cases go to trial?

Significantly less than that 5% criminal case average.

[HoosierHoopster 6,039]

^^ All correct, and the good news here actually is that there is a trial date, so that a deal or dismissal can be worked out early. Otherwise, he would stay in the system for an extended period of time bc generally the prosecutor won't look at it until there's a need to.

Unfortunately, I have personal experience -- my son was falsely charged with assault on an officer. It wasn't him. They arrested the wrong kid. But he was charged and then told we had to wait on the body cam. That took several MONTHS, just to get us the body cam, which shows what we've said all along, they arrested the wrong kid. Now we're still waiting, months later, for them to get around to it. And he's still subject to the system. That's beyond messed up. X's situation is much, much better.

[Stuhoo 75,564]

27 minutes ago, HoosierHoopster said:

^^ All correct, and the good news here actually is that there is a trial date, so that a deal or dismissal can be worked out early. Otherwise, he would stay in the system for an extended period of time bc generally the prosecutor won't look at it until there's a need to.

Unfortunately, I have personal experience -- my son was falsely charged with assault on an officer. It wasn't him. They arrested the wrong kid. But he was charged and then told we had to wait on the body cam. That took several MONTHS, just to get us the body cam, which shows what we've said all along, they arrested the wrong kid. Now we're still waiting, months later, for them to get around to it. And he's still subject to the system. That's beyond messed up. X's situation is much, much better.

 

It's a reality of the system - people expect a controlled, straightforward process, and that's the case in the overwhelming majority of instances. However,  human error, incompetence, or bad intentions occasionally affect law enforcement too. There are so many people and so many case that it is inevitable, even with a high percentage of those in law enforcement having pure intentions. And when that happens it is a spotlight event and extremely traumatic for those affected.

 

[HoosierHoopster 6,039]

1 hour ago, Stuhoo said:

 

It's a reality of the system - people expect a controlled, straightforward process, and that's the case in the overwhelming majority of instances. However,  human error, incompetence, or bad intentions occasionally affect law enforcement too. There are so many people and so many case that it is inevitable, even with a high percentage of those in law enforcement having pure intentions. And when that happens it is a spotlight event and extremely traumatic for those affected.

 

This is Houston. The reality of the system in Houston is that there a lot of bad police, and a lot of tension between the public and the police, and the criminal justice system is ridiculously backed up, as in by hundreds of cases. This aint Indiana, lol. (As an aside, the cops actually threw my son's cell phone out the window, smashing it, when they arrested him, on false charges. I'm not kidding.)

[Joe_hoopsier 949]

I had to go to the big city yesterday. I tried recreating what X is accused of doing..

 

It's damn difficult in a jeep!

Just FYI.

[HoosierHoops1 5,024]

9 hours ago, Joe_hoopsier said:

I had to go to the big city yesterday. I tried recreating what X is accused of doing..

 

It's damn difficult in a jeep!

Just FYI.

I thought about trying that last week!

[Joe_hoopsier 949]

1 hour ago, HoosierHoops1 said:

I thought about trying that last week!

I think it would have been easier if I wasn't sober, but I decided not to try. lol

[Stuhoo 75,564]

https://www.thedailyhoosier.com/indiana-point-guard-xavier-johnson-has-closure-on-his-april-arrest/

According to Indiana public court records, Johnson appeared in court in person on Tuesday and plead guilty to the charge of reckless driving at and unreasonable high or low speed so to endanger safety, a Class C misdemeanor.

Johnson’s felony charge of resisting law enforcement was dismissed.

Johnson received a 60 days suspended sentence, and he is subject to a term of unsupervised probation for 360 days.  Johnson must also complete 50 hours of community service and be evaluated for and complete any treatment recommendations.

[HoosierHoopster 6,039]

2 hours ago, Stuhoo said:

https://www.thedailyhoosier.com/indiana-point-guard-xavier-johnson-has-closure-on-his-april-arrest/

According to Indiana public court records, Johnson appeared in court in person on Tuesday and plead guilty to the charge of reckless driving at and unreasonable high or low speed so to endanger safety, a Class C misdemeanor.

Johnson’s felony charge of resisting law enforcement was dismissed.

Johnson received a 60 days suspended sentence, and he is subject to a term of unsupervised probation for 360 days.  Johnson must also complete 50 hours of community service and be evaluated for and complete any treatment recommendations.

Not directly related but further to our above conversation -- I am happy - very, very happy - to report that the charges against my son were all dismissed -- it took months after obtaining the body cam showing what he said was true, they arrested the wrong kid, and threw the wrong kid in jail, and subjected the wrong kid to months of being subject to a felony etc. -- but it's finally completely over with a full dismissal (a new ADA was assigned, and she had the charges dismissed within a week of being assigned).

[go iu bb 4,789]

5 minutes ago, HoosierHoopster said:

Not directly related but further to our above conversation -- I am happy - very, very happy - to report that the charges against my son were all dismissed -- it took months after obtaining the body cam showing what he said was true, they arrested the wrong kid, and threw the wrong kid in jail, and subjected the wrong kid to months of being subject to a felony etc. -- but it's finally completely over with a full dismissal (a new ADA was assigned, and she had the charges dismissed within a week of being assigned).

What's screwed up is that when the body cam shows that the officer is correct, the situation is handled quickly. I used to work in R&D working on the cameras at a company that was either the first or one of the first to make body cams for cops and even now equips a large number of them. Within days of starting a pilot program with a police department there was an officer involved shooting. Because of the body cam video, the officer of was cleared and back on the street in 3 days. Yet your son and your family had to deal with this for months when that should not have been necessary.

[Stuhoo 75,564]

Body cameras are a professional, high-integrity police officer's best friend. 

And they are a wrongly accused's best hope. 

But the job of a prosecutor (sadly, at times) is to work on the cases that have the best chance for conviction, not the one's that are falling apart because of less than optimum police work. 

[Brass Cannon 24,064]

3 hours ago, Stuhoo said:

https://www.thedailyhoosier.com/indiana-point-guard-xavier-johnson-has-closure-on-his-april-arrest/

According to Indiana public court records, Johnson appeared in court in person on Tuesday and plead guilty to the charge of reckless driving at and unreasonable high or low speed so to endanger safety, a Class C misdemeanor.

Johnson’s felony charge of resisting law enforcement was dismissed.

Johnson received a 60 days suspended sentence, and he is subject to a term of unsupervised probation for 360 days.  Johnson must also complete 50 hours of community service and be evaluated for and complete any treatment recommendations.

That explains his tweet earlier 

[Stuhoo 75,564]

1 minute ago, Brass Cannon said:

That explains his tweet earlier 

 

[HoosierAloha 29,887]

Glad he’s locked in and no more distractions……..


Sent from my iPhone using BtownBanners

[Brass Cannon 24,064]

I still think he sits a game or two to start the season but glad situation is resolved.  

[Stuhoo 75,564]

6 minutes ago, Brass Cannon said:

I still think he sits a game or two to start the season but glad situation is resolved.  

Don’t we have an exhibition or two he can sit during? That’d do fine for me.

[LamarCheeks 16,827]

5 hours ago, HoosierHoopster said:

Not directly related but further to our above conversation -- I am happy - very, very happy - to report that the charges against my son were all dismissed -- it took months after obtaining the body cam showing what he said was true, they arrested the wrong kid, and threw the wrong kid in jail, and subjected the wrong kid to months of being subject to a felony etc. -- but it's finally completely over with a full dismissal (a new ADA was assigned, and she had the charges dismissed within a week of being assigned).

I'm certainly not a lawyer, but I've seen some cop misconduct videos on YouTube -- and from your brief description of your son's situation, it seems you might have more than enough ammo (pun intended) to file a lawsuit.