AT hiker arrested in Pawling

[Dogwood]

Um, thanks for the legal backround about where the term breaking and entering comes from. Those who might not have already been aware of that might appreciate knowing this.

For myself, I'll still say without legal ambiguity he broke into a building, meaning he can be charged with breaking and entering without physically having to break anything!

[TIDE-HSV]

Um, thanks for the legal backround about where the term breaking and entering comes from. Those who might not have already been aware of that might appreciate knowing this.

For myself, I'll still say without legal ambiguity he broke into a building, meaning he can be charged with breaking and entering without physically having to break anything!

Yep. If he spied a sandwich on a table through a window where he'd previously been fed, and opened the door, entered and took it, then that would support the charges as filed. It probably wasn't that innocent - but it could have been. We just don't know the facts and may never...

[Wise Old Owl]

I am amazed we are discussing the charges when stacking is the norm. And Dogwod your above post is strange, burglary & B & E almost the same thing and why are we discussing it...

[Dogwood]

...just entering a building to which you haven't been granted access is breaking and entering. Prosecutor love to "stack charges" as a bargaining process. - Tide-HSV

Prosecutors do engage in stacking charges quite commonly.

But he was charged with two crimes because he alledgedly committed two crimes.

He broke into a building, that is he entered a building, whether by force or not, supposedly without permission - Burglary. This certainly can be expanded though to include a conveyance, structure(boat, shed, etc), etc

and then he took something within a certain dollar range Petty Larceny.

Where's the stacking?

[TIDE-HSV]

...just entering a building to which you haven't been granted access is breaking and entering. Prosecutor love to "stack charges" as a bargaining process. - Tide-HSV

Prosecutors do engage in stacking charges quite commonly.

But he was charged with two crimes because he alledgedly committed two crimes.

He broke into a building, that is he entered a building, whether by force or not, supposedly without permission - Burglary. This certainly can be expanded though to include a conveyance, structure(boat, shed, etc), etc

and then he took something within a certain dollar range Petty Larceny.

Where's the stacking?

"Stacking" is placing as many distinct charges as you think might stick associated with any particular offense...

[Dogwood]

I think you might call Aaron and offer your services TIDE-HSV! LOL! Thanks for sharing! You look like lawyer!

Thanks WOO for grabbing my collar!

[Rain Man]

Bottom line, he commited the crime, now he has to face the consequences for it, whatever they may be.

Good point .....!

Well said. You can't commit a crime and then b*tch about the punishment.

Burglary, Vandalism on some level of "government owned" property. Bastard's guilty. Nuff Said. Don't try to rationalize away crime....

screw this guy.

A thief is a thief is a thief.

As long as you would feel the same about some "stealth" camper getting charged with a felony. Or someone packing heat illegally. THAT is and should be a felony. Etc.

At least be consistent. I said he should be punished. But the punishment should fit the crime. Too many saying "Off with his head" like the deranged Queen in "Through the Looking Glass."

What's good for the goose is good for the gander. That applies to various crimes numerous self-righteous hikers commit every year "on government property." They'd cry like babies if they got charged with felonies and complain about "Barney Fife" rangers. I read such whining all the time on WB.

RainMan

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[Wise Old Owl]

Dogwood, He's right.

[TIDE-HSV]

I think you might call Aaron and offer your services TIDE-HSV! LOL! Thanks for sharing! You look like lawyer!

Thanks WOO for grabbing my collar!

LOL! I'm the furtherest thing from a criminal attorney. I'm more like a tax/estate/trust/business law guy. However, there are things that all competent lawyers know and I suspect that this guy is being made an example. I'm about to stick out my neck for the chopping on the "strange guy." Thread. See if you can defend me...

[Dogwood]

I know he's right! No argument from me! TIDE-HSV brings greater clarity to the thread!

[Dogwood]

I'm more like a tax/estate/trust/business law guy. However, there are things that all competent lawyers know... TIDE-HSV

Sensed that!

Latest Pawling newspaper headline:

Tax/estate/trust/business law guy, also AT hiker, successfully defends other AT hiker in Criminal Case. Defendant RORed. Defendant's charges reduced to trespassing after defendant agrees to make full restitution and pay $500 fine. Defendant's family applauds tax/estate/trust/business law guy, also AT hiker!

LOL!

I lived near a local courthouse. On tuesday nights when the court was in session my friends and I would sit in the back row, sometimes heckling prosecutors, defendants, and even the judge! We didn't last for too long though, until we were told to leave!

[mweinstone]

im a judge. and a jury. and a prossecuter.and an executioner and jailer and gravedigger and badmouther. after i woop a chump i badmouth his ars. my way saves the fed bucks and i take stuff from the bad guys .

[Ashevillian]

As long as you would feel the same about some "stealth" camper getting charged with a felony. Or someone packing heat illegally. THAT is and should be a felony. Etc.

At least be consistent. I said he should be punished. But the punishment should fit the crime. Too many saying "Off with his head" like the deranged Queen in "Through the Looking Glass."

What's good for the goose is good for the gander. That applies to various crimes numerous self-righteous hikers commit every year "on government property." They'd cry like babies if they got charged with felonies and complain about "Barney Fife" rangers. I read such whining all the time on WB.

RainMan

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How can you compare a stealth camper to someone who commits a crime such as B&E? What this guy did was wrong, plus makes the hiking community look bad.

[weary]

Burglary, Vandalism on some level of "government owned" property. Bastard's guilty. Nuff Said. Don't try to rationalize away crime....

Well, I didn't think of it as a crime at the time, but this thread has changed my mind. After spending the night at the Iron Masters Mansion, I walked through the campground heading north -- only to pass a church group table sitting next to the trail, piled high with donuts. I eased by closely and snitched a jelly donut. Luckily, the only folks that noticed were the guys I was hiking with at the time -- including my 11-year-old grandson. All were appalled, as was I, but it didn't seem right to put the donut back, since it had been in my dirty hands. So I gulped it down and continued north.

[peasantgirl]

This article confuses me. For one thing, it's dated April 22, yet it says the court date was set for April 14th? So I thought maybe it was a typo and it was supposed to read MAY 14th, but it turns out that is a Saturday so that can't be it.

Which brought me back to the reported court date of April 14th, but, as best I can figure, he was arrested on the 19th. The article (dated April 22) starts out by saying "An Appalachian Trail hiker was arrested Tuesday"... that would clearly imply the previous Tuesday, the 19th, no? I've heard some AT hikers are obsessive planners but this guy managed to get his court date set before he even committed the crime??

Then the reporter mentioned the court being closed on Saturday so I figured the story must have run on a weekend but that's not it either, as April 22 was a Friday.

So, we don't even know if it has gone to trial yet.

Regarding the guy's status as a hiker - as already mentioned above early April is an unusual timeline for a thru-hiker. He's from PA so he could have been a section hiker but I wonder if he was homeless, which might explain why the bond was so high (flight risk). It's also possible he had a criminal background which would make him a repeat offender and wouldn't that warrant higher bond? I know nothing about law; is the bond based purely on the actual charge(s) and flight risk, or do they weigh other things like past convictions (or anything else, for that matter?)

Being slightly obsessive myself, I emailed the reporter to see if I could find out anything else. Will post if I get a response. I'm really curious now about the rest of this story.

[Skidsteer]

That settles it.

The guy was a Terminator.

[Lone Wolf]

thieves suck. no sympathy

[Rain Man]

How can you compare a stealth camper to someone who commits a crime such as B&E? What this guy did was wrong, plus makes the hiking community look bad.

I didn't. But I thank you for your comments, which support the principle of hikers breaking laws make us all look bad, and don't commit a crime, if you are not willing to do the time. And no cherry-picking crimes or rationalizing one's favorite crimes.

RainMan

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[Rain Man]

thieves suck.

I agree with Lone Wolf. Neighbor's home broken into today. I hope they catch the thieves.

Rain Man

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[sherrill]

Yeah thieves suck. I agree.

Until this man is convicted, he's simply someone charged with a crime though. There's a difference.