Hold 5 people at gun point and you get probation?
And we wonder why hikers want to carry guns.
Article from May 2012 http://www.johnsoncitypress.com/article/100221
"Chainsaw" GA-ME 2011
Our injustice system does more to encourage crime than to stop it.
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This happened on Federal lands, why he was not prosecuted in US District Court is a mystery. He would have gotten 5 years on the use of a firearm alone. I'll never spend another dime in Erwin unless it's a shuttle from 10-K.
I absolutely agree. Who the heck gets charged with the counts below and gets probation?Marcus Birchfield, 42, was arrested in May 2012 and charged with five counts of aggravated kidnapping and one count each of unlawful possession of a weapon, criminal impersonation, simple possession of a schedule II drug and possession of drug paraphernalia.
Read more: Man pleads guilty in attempt to take hikers hostage, gets probation | Johnson City Press http://www.johnsoncitypress.com/arti...#ixzz2vemiQKaM
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Colorless green ideas sleep furiously.
I saw this in the comments section of the online article and thought it was worth re-posting here. If the info is true it is probably part of the reason that he got off with such a light sentence.
just a neighbor wrote:
I don't know this man but I know someone who does. He had a devastating work related accident several years ago. He was electrocuted and survived. He wasn't suppose to live and was placed on god awful pain medications. He was once a preacher, good father, brother, friend. His accident changed him mentally, the medications just made things worse.
Last edited by Sarcasm the elf; 03-11-2014 at 08:52.
Colorless green ideas sleep furiously.
The victims are friends of friends of mine.
I have had some conversations with some of the folks involved. What I am told is this guys family is very connected in that area. The article also fails to point out he skipped bail and failed to appear.
Apparently this guy was the pastor of a local church, got in an accident and ended up addicted to prescription meds. So for that he has my sympathy. My sympathy ends very quickly when someone pulls a gun, forces someone to their knees and puts a gun to the back of their head.
To answer The Cleaner's question, the U.S. Attorneys office usually gives deference to the locals if they wish to prosecute. This does two things: it usually provides for a swifter prosecution, and preserves the option for the feds to go back later and file charges under federal law.
This is a classic case of small town justice run amok.
I think the odds of him making it 5 years without incident are pretty slim. I suspect he now has very little respect for authority or the judicial system having negotiated his way out of all the serious charges. I'll wager that an innocent individual(s) in the wrong place at the wrong time will suffer the consequences.
Wow,
I bet these guys were sweating it when they were questioned. Even though he was waving a gun and high, being a local and posing as a game warden it could have gone very badly for them even AFTER they got the gun away from him.
Can't believe the light sentence, but glad no one was hurt!
Ahh...the Beauty Spot incident. I remember that. Some of the hikers were Coast Guard? bfayer? I can't remember but I do remember they took him down.
One of "those" threads I'll read and be angry the rest of the day!
So, from what I get reading the articles and such, this guy was okay at one time. Local family man, pastor, etc. Or is that more spin than reality? After suffering a severe electrical shock (not electrocution which means death), he gets addicted to pain killers, life goes downhill, and then has this psychotic break, where he is luckily subdued by his victims. But the family is connected, and he gets a plea deal. But he fails to appear on the plea appearance, which is really odd when somebody's got a deal worked out in advance. It just seems like there is a lot more to the story, especially given the plea and sentencing deal. Was there any time served? Medical/psychological treatment? For whatever reason, the judge obviously doesn't consider this guy a threat.
"That's the thing about possum innards - they's just as good the second day." - Jed Clampett
I met this guy in the Beauty Spot area in 2012. The incident happened when I was 2 days up the trail from there. He seemed like a nice guy when I met him.
Kind of a testament to how screwed up our legal system has become when someone can do real jail time for being in possession of certain type of plants, but can get off with less than a slap on the wrist for kidnapping with gun play.