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  1. #1

    Default Malicious Wounding Southern Virginia

    Hello, the case that I am refering to took place in an off campus town to one of Virginia's Universities.
    Names(made up):
    Victim- Matt
    Defendant 1- Ryan
    Setting: On a winter night Matt is walking home to an off-campus appartment when he stops by his neighbors apt in the same complex. He talks with the owners of the residence for about 10 minutes when Ryan and two other friends arrive. The owners of the appartment allow Matt, Ryan and the 2 other friends to stay. At some point Ryan and his friends begin insulting Matt. At this point Matt say something to the effect of "this isnt worth it" and walks back to his appartment. The 3 men follow Matt back to his appartment banging on the door. When Matt realizes there is going to be a problem 911 is dialed and the phone is droped. Matt then opens the door. Ryan and the 2 other men proceed to call Matt a "faggot" along with other names then Ryan punches Matt in the face. When Matt goes down Ryan and the 2 other men punch and kick Matt to the point where there is a subdural hematoma also known as a brain bleed. Matt looses feeling in both legs at the time along with coughing blood and other minor injuries. Matt is able to crawl to his phone again. Re-dials 911 and is able to get out the address of the incident along with assult and other minor details. Police respond in force quickly detaining all residents of the appartment where Matt was. One of the residents knew where Ryan would be and led police to where he was and was arrested. He was positivitly ID'd and matched the description almost perfectly including wearing the boots he was wearing that caused the brain bleed. Once at the hospital Matt regained feeling in his legs but had to be transported to a shock trauma center due to the severity of his injuries. Police charged Ryan with malicious wounding. Police were unable to find the other 2 attackers due Ryan not wishing to talk to police. Ryan is now facing the Class 3 Felony and a civil suit.
    The question here is lawyers have said that Ryan will have no chance in a jury trial due to the violence and murders of college age students such as Virginia Tech and UVA incidents. Basically he would get the max. amount of time. They have also said that a trial by judge is still going to be difficult due to the same issues with college violence in southern virginia. In your oppinios what will happen. I know that according to the normal sentencing guidelines he would be looking at 3-4 years. What is your oppinion?
    Thanks

  2. #2

    Default Re: Malicious Wounding Southern Virginia

    Quote Quoting fireemsobrien
    View Post
    Hello, the case that I am refering to took place in an off campus town to one of Virginia's Universities.
    Names(made up):
    Victim- Matt
    Defendant 1- Ryan
    Setting: On a winter night Matt is walking home to an off-campus appartment when he stops by his neighbors apt in the same complex. He talks with the owners of the residence for about 10 minutes when Ryan and two other friends arrive. The owners of the appartment allow Matt, Ryan and the 2 other friends to stay. At some point Ryan and his friends begin insulting Matt. At this point Matt say something to the effect of "this isnt worth it" and walks back to his appartment.
    An excellent choice. For a crime to occur, there need to be three elements: a perpetrator, a victim, and the two together at the same place at the same time. Leaving breaks that triangle.

    The 3 men follow Matt back to his appartment banging on the door.
    Making it VERY easy on the prosecution to make all 3 of them out to be the aggressors.


    When Matt realizes there is going to be a problem 911 is dialed
    Smart.


    and the phone is droped.
    Much less smart.


    Matt then opens the door.
    Completely idiotic.



    Ryan and the 2 other men proceed to call Matt a "faggot" along with other names then Ryan punches Matt in the face.
    At least Ryan is already comfortable being with other men, and some of the slang he may be hearing in his future. (This is the foreshadowing part, right?)


    When Matt goes down Ryan and the 2 other men punch and kick Matt to the point where there is a subdural hematoma also known as a brain bleed.
    If all Ryan was charged with was malicious wounding, he was given a gift. Directed blows to the head with great force or a weapon could have resulted in an attempted murder charge.


    Matt looses feeling in both legs at the time along with coughing blood and other minor injuries. Matt is able to crawl to his phone again. Re-dials 911 and is able to get out the address of the incident along with assult and other minor details. Police respond in force quickly detaining all residents of the appartment where Matt was. One of the residents knew where Ryan would be and led police to where he was and was arrested. He was positivitly ID'd and matched the description almost perfectly including wearing the boots he was wearing that caused the brain bleed.
    The prosecutor will be very appreciative of that level of detail from the witnesses.


    Once at the hospital Matt regained feeling in his legs but had to be transported to a shock trauma center due to the severity of his injuries. Police charged Ryan with malicious wounding. Police were unable to find the other 2 attackers due Ryan not wishing to talk to police. Ryan is now facing the Class 3 Felony and a civil suit.
    That sounds about right, yes. The downside for the victim is that since Ryan could be looking at years in prison, a win on the civil suit is likely to be a moral one at best. Most people in prison just don't have the income to pay amounts awarded - so it may be a very long time before Matt sees any money.


    The question here is lawyers have said that Ryan will have no chance in a jury trial due to the violence and murders of college age students such as Virginia Tech and UVA incidents.
    Ryan's attorneys, who practice IN the courts in question and are familiar with sentencing history and practices in his area are the best source of what to expect. If they are telling Ryan he's screwed, then he probably is. Not to mention the witnesses, plus whatever was recording on the open line to 911. Sure, the public's disgust with college-age violence may play a part, but even without that element, Ryan doesn't have much of a DEFENSE anyway.


    Basically he would get the max. amount of time.
    If there are some mitigating circumtances, his attorney will bring them up. But given the facts as presented, circumstances seem to point to AGGREVATING circumstances, so it makes sense that the max would be sought.

    They have also said that a trial by judge is still going to be difficult due to the same issues with college violence in southern virginia.
    The evidence is the same, so I'd have to agree.


    In your oppinios what will happen. I know that according to the normal sentencing guidelines he would be looking at 3-4 years. What is your opinion?
    Ryan shouldn't be making long term plans for at least 3 years.

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