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Thread: Don't let this happen to the memory of Mr. Christ

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  1. #1
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    Angry Don't let this happen to the memory of Mr. Christ

    Here is the letter I received from the prosecuting attorney in Tucker County West Virginia in reference to the "deliberate" I was involved in.

    Dear Mr. Hebert:

    On 11/27/07, Mr. Simmons pled no contest to drunk driving. The Magistrate sentenced him to 24 hours. In jail, fined him $100.00 plus $240.50 court cost. For leaving the scene of and accident, he also pled no contest. The Magistrate charged him $1.50 fine plus $165.50 court cost. He will also lose his driverÔÇÖs license for 6 months. He will not be able to get his license returned until he completes the West Virginia Alcohol treatment class. This is an additional expense of approximately $350.00. The class usually lasts 6 weeks, but longer if you continue drinking.

    If he is caught driving now, he must spend a minimum of 6 months in jail.

    What a friggin joke.

    If anyone is able to attend the hearings dealing with the death of Mr. Christ, I encourage you to do so and speak your mind.

    Steve

  2. #2
    adamceckhardt
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    You can fine him so he never has two pennies to rub together, or put him in jail for life. You could even go overboard and suggest the death penalty. Nothing will change what happened.

    Personally, I just hope that Mr. Simmons finds a way to turn his terrible lapse of judgement into a learning experience, and hopefully find a way to influence others not to make the same mistake.

  3. #3
    Rider
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    That is not an act of justice, but an act of laws exercised poorly. I have a feeling Mr. Simmons is a real example of getting away with murder. A murder that COULD have been avoided. Not an accident.
    Would a written petition from across the nation help?

    Keep us posted.


    Kind Regards,

    Gil

  4. #4
    advrider.com
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    I must have missed something..

  5. #5
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    The original post was titled "The latest on my HSAGO". It is in the forum. I wrote it in July but got very little fedback here on the largest BMW forum in the free world. Maybe my title was not catchy enough. You can read what happened there.

    Gil, I did ask everyone to write a letter to the prosecuting attorney if they felt inclined to do so. Now it would be a great time to let him know how rediculous the sentence was.

    We can sit back and arm chair this to death, but unless you were the one sitting on the bike at almost a complete stop, with your daughter on the back, you cannot begin to understand what went through my mind. It was overwhelming. The what if's continue to haunt me.

    We need tougher laws across the enitre nation.

    Here is the contact information where a letter may be sent:

    Tucker County Prosecuting Attorney
    William M. Miller, Prosecutor
    215 1st Street, Suite 4
    Parsons, West Virginia 26287
    (304) 478-3511 ext. 203
    Fax (304( 478-3674

  6. #6
    Chairman of the hoard wmubrown's Avatar
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    Quote Originally Posted by stevehebert View Post
    The original post was titled "The latest on my HSAGO". It is in the forum. I wrote it in July but got very little fedback here on the largest BMW forum in the free world. Maybe my title was not catchy enough. You can read what happened there.
    With all the other threads, I just skipped on by it... the title didn't mean anything to me. I'll go back and review it now...
    John A. Brown - Kalamazoo MI
    '09 K1300S 'Zoot' (Wicked, bad, naughty, evil, Zoot!)
    '94 K1100LT 'Desert' (the horse with no name)

  7. #7
    Chairman of the hoard wmubrown's Avatar
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    Quote Originally Posted by stevehebert View Post
    Here is the letter I received from the prosecuting attorney in Tucker County West Virginia in reference to the "deliberate" I was involved in.

    Dear Mr. Hebert:

    On 11/27/07, Mr. Simmons pled no contest to drunk driving. The Magistrate sentenced him to 24 hours. In jail, fined him $100.00 plus $240.50 court cost. For leaving the scene of and accident, he also pled no contest. The Magistrate charged him $1.50 fine plus $165.50 court cost. He will also lose his driver’s license for 6 months. He will not be able to get his license returned until he completes the West Virginia Alcohol treatment class. This is an additional expense of approximately $350.00. The class usually lasts 6 weeks, but longer if you continue drinking.

    If he is caught driving now, he must spend a minimum of 6 months in jail.

    What a friggin joke.

    If anyone is able to attend the hearings dealing with the death of Mr. Christ, I encourage you to do so and speak your mind.

    Steve

    That's just downright insulting. $100 fine for driving drunk? $1.50 fine for leaving the scene of an accident??? What the heck?? You can't buy a Coke for that!!
    John A. Brown - Kalamazoo MI
    '09 K1300S 'Zoot' (Wicked, bad, naughty, evil, Zoot!)
    '94 K1100LT 'Desert' (the horse with no name)

  8. #8
    Benchwrenching PGlaves's Avatar
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    Quote Originally Posted by wmubrown View Post
    That's just downright insulting. $100 fine for driving drunk? $1.50 fine for leaving the scene of an accident??? What the heck?? You can't buy a Coke for that!!
    Seems pretty low compared to my $145 for "driving in the left lane not passing" on a rural Texas highway with no traffic around whatsoever, but .....
    Paul Glaves - "Big Bend", Texas U.S.A
    "The greatest challenge to any thinker is stating the problem in a way that will allow a solution." - Bertrand Russell
    http://www.bigbend.net/users/glaves

  9. #9
    MT State of mind
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    Our local news last week reported that a man who exposed himself three times in a community park was sentenced to 225 years in jail; that's right, three consecutive 75 year sentences. However, I remember the sisters who conspired to shoot the husband of one of them, and I think they got three years each.

    Then, there's the poacher, 15 years of killing: "One of Montana's most notorious poachers, Philip Mark Payton, once hunted moose and other trophy animals with impunity, but these days the only creature he says he's after is the mouse in his house.

    Two years after he was charged, Payton's victims - or rather their skulls, antlers and hides - stared at him mutely from the jury box Wednesday, providing a poignant backdrop in the sentencing of one of the worst cases of illegal killing of big game in decades in the Big Sky state.

    Prosecutors sought a lengthy prison term for Payton, who violated virtually every hunting law on the books, but he instead received a large fine and probation and had his hunting, fishing and trapping privileges revoked for life."

    Justice is definitely out of balance.

  10. #10
    JCABRANES
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    As you all know, I've been a leading advocate for justice for Dan Christ. Our initial efforts were frustrated by some proceedural tricks the Court used (allowing the defendant to waive a preliminary hearing by telephone BEFORE the time the hearing was scheduled to be heard). I believe it was an attempt by the defense and to an extent by the Court to create delay and hope that continued delays would discourage interested parties from participating in the process (I am somewhat familiar with the concept). While I encourage anyone interested to continue to monitor the situation, I think it best to lay low and wait. Ms. Schrer will almost certainly be convicted and if she is convicted there will be a sentencing hearing. THAT will be our time to make our presence felt. Don't get burned out on the subject by working yourself into a lather now... this is not a sprint it is a marathon. I'll post more when I have something to post.

    Merry Christmas to all of you and if you can spare a prayer for Dan Christ, his family and all of our brothers and sisters and their families who've been killed in an m/c accident I'm sure it will be appreciated. Truly there but for the grace of God go any one of us.

  11. #11
    535IS
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    Quote Originally Posted by JCabranes View Post
    As you all know, I've been a leading advocate for justice for Dan Christ.
    I thought that was Dodge County. Why doesn't the case show up on WI CCAP?

  12. #12
    535IS
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    Bump for new information:

    Defendant's motion to suppress/exclude evidence was denied January 22.

    Notice of hearing filed yesterday.

    Future Court Activity:

    02-05-2008 03:00 pm Circuit Court Branch 1 Plea hearing

    03-10-2008 08:30 am Circuit Court Branch 1 Jury trial

    03-11-2008 08:00 am Circuit Court Branch 1 Jury trial
    Unless I misunderstand, the plea hearing will be used if the prosecution and the defense strike a deal; otherwise, they both know when the jury trial (set for two days) will begin.

  13. #13
    bowhunter
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    She's pleaded No Contest.

  14. #14
    Single Malt Imbiber Sanders's Avatar
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    O.K. So she's not going to trial and has thrown herself in front of the court and the sentencing of the judge.
    If I understand "no contest" correctly she neither admits, nor deny's guilt?
    (I've never really understood the "Nolo Contendre" plea--I mean WTH! Somebody did it!)
    Is this a ploy for leniency before the judge?

    Sanders

    P.S. I can't seem to find the sentencing date. Is it in there?

  15. #15
    535IS
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    Quote Originally Posted by Sanders View Post
    O.K. So she's not going to trial and has thrown herself in front of the court and the sentencing of the judge.
    If I understand "no contest" correctly she neither admits, nor deny's guilt?:
    Kind of hard to explain. It is not a Guilty plea, which means it may not be used in a civil damage suit as evidence of her culpability. That means it has to be proven there (but should be a no-brainer anyway). It also means that the defense recognizes that there is sufficient evidence to convict and chooses not to argue it.
    Is this a ploy for leniency before the judge?
    More like a plea for leniency to the D.A. by saving them the time and trouble of preparing and trying the case. In doing that, they can often get a better sentencing recommendation.
    P.S. I can't seem to find the sentencing date. Is it in there?
    A presentence investigation has been ordered. After it is done, a sentencing date will be set.

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