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  1. #1
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    Default Robbery with Use of a Deadly Weapon

    My question involves criminal law for the state of:

    What is the likelihood of dismissal of charges?

    My ex was arrested and charged with robbery and use of a deadly weapon. The incident happened in Sept in his hometown at a gas station. He was in town that night, we were separated and now divorced. He had spiraled down into drug use again (meth). I honestly don't think he did it. He has a burglary charge in his past. There was domestic violence in our relationship (due to meth addiction) but he has been sober since Sept. Working. Being an adult for once.

    The reason I don't think he did it is the clerk stated the person as 5'7'' if he stood up straight (was slouched), had a hoodie and mask and all she saw was hands. My ex is 6'1''. Also before he went on his bender, he stole checks from his dad (reported but not pursued) and had spent about$3000 in a month. He had money that night. Had someone bring him whatever he was using then. I know he was in town that day he called from his friend's phone around 2 pm. But I think he left that night to go hang out with some other meth heads. I had his FB password still so I could see messages he was sending people during that time.

    Anyway the cops have only focused on him and no one else. He has a past in that county and they have zeroed in on him in the past whenever something criminal happens. The only evidence they allegedly have is they got his DNA a month ago and supposedly it matches the hoodie they found in a dumpster with a toy gun. They had talked to me in Dec and I hadn't seen either of the pictures they showed me. A knife was involved as well.

    Is it likely even a public defender could get this dismissed? I feel like DNA on a hoodie doesn't mean he was even there since he was bouncing around different people's houses and cars and anyone could have gotten that from him. Plus the description of the witness...and the cops constantly focusing on him only. Also he thinks they even questioned him is that the guy who brought him whatever that night got pulled over when he left town and the cops asked why he was there. He said he was visiting my ex and that he "had a lot of money." His dad found out about the checks a week later, reported it. But he said he never pressed charges and told the bank it was resolved. Honestly, I thought he'd get arrested for that when it has the most concrete evidence. They also only talked to me, his other ex wife, her mom and his dad. No friends. No one he was with that day or after. Not any other family. So it seems very shady and that they are just being lazy.

    Oh and when they arrested him - they had his probation office lie to get him there about switching his case back to the county I live in. It's on an interstate compact right now so a different state owns it actually.

    I feel that it could get dismissed but just wondering about thoughts. If anyone has ever been in a situation like this or not.

    Yes I realize he's had a lot of issues and when I first heard only it was a guy in a certain hoodie I thought it was him but then the description takes him out of the pool I think. He's made a lot of changes and progress since I left him. More than he ever has and meth is a very hard drug to quit.

  2. #2
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    Default Re: Robbery with Use of a Deadly Weapon

    Quote Quoting sparks82
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    My ex was arrested and charged with robbery and use of a deadly weapon. The incident happened in Sept in his hometown at a gas station. He was in town that night... He had spiraled down into drug use again (meth).... He has a burglary charge in his past. There was domestic violence in our relationship (due to meth addiction).... Also before he went on his bender, he stole checks from his dad (reported but not pursued) and had spent about$3000 in a month. He had money that night.... I think he left that night to go hang out with some other meth heads.
    It isn't difficult to see why he's a suspect.
    Quote Quoting sparks82
    The only evidence they allegedly have is they got his DNA a month ago and supposedly it matches the hoodie they found in a dumpster with a toy gun.
    That's pretty compelling.
    Quote Quoting sparks82
    I feel like DNA on a hoodie doesn't mean he was even there since he was bouncing around different people's houses and cars and anyone could have gotten that from him. Plus the description of the witness...
    If he hasn't yet claimed that his hoodie was stolen, I doubt that anybody is going to believe his suddenly making that claim. If he has claimed that it was stolen, the police and prosecutor nonetheless have found the evidence sufficiently compelling to justify their charging him, and aren't likely to change their minds.

    I suspect that they probably also did at least a photo lineup with the store clerk, such that although he got the height wrong he likely did identify your ex's face. Of course, without having access to the police reports from the investigation, I am speculating.

  3. #3
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    Default Re: Robbery with Use of a Deadly Weapon

    A photo lineup wouldn't work when the clerk said the guy was wearing a mask. She also grew up with his sisters (it's a really small town) and even with a mask she would have recognized his voice. She never once on Facebook or anywhere speculated that it was him. The cops heard he was in town and he has been their only suspect.

    He said they came to the rehab once about a week after he got there and talked to him. I don't know if they asked him about the hoodie or not. I never said anyone stole it. Just that he was bouncing around from place to place and could have easily left it - if he even still had it - at someone's house. I haven't seen the hoodie in question in several years. The only one I saw him wear is one I bought him two years ago. He hangs out with a lot of shady people - well did - and someone easily could have gotten it from a house he left it at.

    While they talked to him at rehab, one of the cops said he wanted a picture with him to show everyone at the office how much my ex had changed. My ex said "I'm not stupid. You want to be able to try to compare my height. So no." The cop admitted that's what he wanted it for. At some point they talked to the other ex wife and her mom. Neither of them have been around him in years. I guess she told them she talked to me about it so they talked to me. I told them we weren't together then. I hadn't heard from in a month by then. I heard about the robbery. Heard it was a guy in a certain hoodie and said that could have been him until I heard the description from the clerk. Also given the fact he had unlimited funds because of his dad's checks there's no reason he would've robbed a tiny gas station where he knew the clerk. I also don't think IF he were to do that he would have dumped the evidence across the street. No matter how doped up he was. When he and his friends robbed two bars in that town, they did it after they were closed. He only got caught because his "friend" narced him for a plea deal and his ex wife (then gf) gave information too.

    I understand why they suspected him but they never tried to find anyone who matches the height she described. They heard he was in town and went after him. They also tried to get him for a robbery in a town 3 hours away from there and he wasn't even living in his hometown and was nowhere near that place then either. The entire county sheriff office seems shady as hell. They didn't talk to his friend whose house he was at that day. They didn't talk to any of his friends or family in that town or nearby. People who hadn't been talking to him were the only ones they talked to from what the investigator told me of who they talked to.

    When I saw a picture of the hoodie it didn't even look like the one he used to have. From what I remember. The "gun" - wooden toy. Like something someone made. Never saw it at his friends or his family and none of his kids have toy guns at all.

    There was another robbery in a town nearby a couple months ago and who knows? Could've been that guy. I just feel like IF his DNA really is on that hoodie, so what? And why didn't they talk to his friend or whoever he was with that night? Seems fishy.

  4. #4
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    Default Re: Robbery with Use of a Deadly Weapon

    You are applying logic to a methhead? Well, that is your first major mistake with your postings.

  5. #5
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    Default Re: Robbery with Use of a Deadly Weapon

    I've known him for 14+ years. I've seen him at his worst on meth. Even while he was on meth and he would lie to me to get money, etc, he was still pretty functional and would know where to avoid in those towns where he grew up to not get pulled over, etc. You'd be surprised how well this guy can function even while high and drunk.

    I know him enough to know that no matter how doped he never would have dumped evidence literally across the street in a dumpster. And he probably would have called me to come help him even though he knows I wouldn't have. But thanks for your sarcastic post.

  6. #6
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    Default Re: Robbery with Use of a Deadly Weapon

    Quote Quoting sparks82
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    I've known him for 14+ years. I've seen him at his worst on meth. Even while he was on meth and he would lie to me to get money, etc, he was still pretty functional and would know where to avoid in those towns where he grew up to not get pulled over, etc. You'd be surprised how well this guy can function even while high and drunk.

    I know him enough to know that no matter how doped he never would have dumped evidence literally across the street in a dumpster. And he probably would have called me to come help him even though he knows I wouldn't have. But thanks for your sarcastic post.
    Nothing sarcastic about it. You don't know methheads or you would not think he would act rationally. I have seen MANY MANY methheads -- and not one of them was rationally thinking which is how they got caught. Even though people would scream and holler that they would NEVER do that.

  7. #7
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    Default Re: Robbery with Use of a Deadly Weapon

    Actually I do know. The state patrol investigators showed me. They had pics of a hoodie, a wooden toy gun and possibly a knife. I can't remember but the news article stated the clerk said the guy had a gun and knife. They only interviewed me, his other ex HER mom and his dad. Not the friend he was with or anyone else he was with that week. Honestly it could be this sketchy guy he was hanging out with that week.

    The clerk said the guy was slouched over and "if he stood up straight he'd be 5'7''ish." He's 6'1" 220 lbs. Nowhere near 5'7". I had access to his FB then too. I know what he was doing. Buying a lot of meth. He said he did go in that gas station and wrote a check when he bought beer. He had someone bring him meth. Once he has those two things he wasn't leaving. I know I've seen him at his friends. He wouldn't have left to get more until he came down off his high. And he didn't leave til next day and was searching for more.

    If she had described someone like him I'd be like OK he probably did it. But she didn't. There is a big difference between 5'7'' and 6'1 and the guy had a mask. But she knows him! She would've recognized his voice. His build. His walk. So my question was at court likelihood of dismissal. Especially when he has an alibi.

    It's really weird they only suspect him when there's a robbery in that area when he wasn't the only one to rob the bars in that town. Yeah he has ****ed up a LOT. But he finally turned it around and now it really seems like he's being set up because the cops are lazy. They couldn't even call the county he was in to arrest him. He's PO office knew right where he was. No they lied about transferring his case. But they could ask SP to come question me? It's all shady.

    I think it was this guy he even called sketchy. I looked through his old messages and he messaged the guy around the time of this and asked where he was at so he could get his clothes. Plus the clerk's boyfriend is friends with the guy...very shady. Plus that sketchy guy also had stolen a four wheeler around this time too and then was trying to sell it.

  8. #8
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    Default Re: Robbery with Use of a Deadly Weapon

    Quote Quoting sparks82
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    Actually I do know. The state patrol investigators showed me.
    They showed you what they wanted to show you. Why they bothered to show you anything at all is beyond me ... on the face of it, they were stupid to do so. But, I suppose they wanted something from you so they showed you what they wanted you to know.

    He should speak ONLY to his attorney and work with him. Hopefully this event will be enough to force him into rehab and that he will actually decide it is worthwhile and voluntarily comply.

  9. #9
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    Default Re: Robbery with Use of a Deadly Weapon

    Does anyone read any of my comments? He already went to rehab. He was living in a halfway house. He graduated rehab and went to the halfway house. He's been sober since Sept 2015. He was working. He was getting his life together when he got arrested. I don't know why people say "he needs to go to rehab" when he's been sober. He wasn't sober before Sept 14 no.

    They had investigators talk to me. They showed me a picture of the hoodie and the wooden gun and asked if I recognized them. I said the hoodie doesn't look like the one he had but I can't remember since I haven't seen it in so long. The toy gun never have I seen anything like that in my life. It looked like someone who is crafty with wood made it. They only talked to me, his ex wife, her mom and his dad. His ex wife and definitely her mom have had nothing to do with him in years. His ex wife only talks to him about the kids.

    My question was could it be dismissed. Yes he's a recovering addict. Yes he's done a lot of stupid messed up stuff. Yes he has a criminal history. That's not being debated. His sobriety is also not an issue here as he's been sober since Sept when he went to rehab after he ended up sleeping in a park for a night. He called his mom and she picked him up. Took him to police station, no warrants. Shelter wouldn't take him and hospital wouldn't take him because he said he was ok. So she said rehab or you go back to the park. That Monday he went to rehab. Sober ever since. Is that clarified enough now about his current state of sobriety?

    If they had his fingerprints they would have arrested him immediately when they found them. So I think that's a load of crap that I have only heard from the clerk's boyfriend. The boyfriend is also friends with the sketchy guy and makes me wonder if it wasn't somehow an inside thing or he had a part in it the way he keeps pushing that my ex is guilty and telling everyone how guilty he is and only him. Ignores the description by his gf.

    I honestly don't know why they came and talked to me or his other ex when we were nowhere near him when this happened. Probably wanted to get dirt on him. I don't know. That sheriff dept is pretty damn shady honestly.

  10. #10
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    Default Re: Robbery with Use of a Deadly Weapon

    Could it? Sure.

    But truly, that's not your problem. You weren't there, you don't know whether or not he did do it no matter how much you try to fool yourself into thinking that you do know.

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