Danbus' sentencing

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Does anyone have any information on how Danbus' sentencing went today in the Circuit Court? I was following the other thread until it was locked. I believe that there were some forum members that were going to attend. Thanks.

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Dan got 15 days to serve (on weekends) with the remaining 11 1/2 months suspended for good behavior for a year. Not sure how weekend jail works in Newport News, hopefully they keep them in a separate part of the jail or just release them at night and make them pick up trash on a work crew during the day. He also has to pay $700 in restitution to the victim. Considering that the Judge said he thought the assault and battery were egregious and that he had no sympathy for Dan, I'd say he got off pretty easy. Hopefully the Army or Navy will still take him and I wish him the best.

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ChickenLover wrote:

Dan got 15 days to serve (on weekends) with the remaining 11 1/2 months suspended for good behavior for a year. Not sure how weekend jail works in Newport News, hopefully they keep them in a separate part of the jail or just release them at night and make them pick up trash on a work crew during the day. He also has to pay $700 in restitution to the victim. Considering that the Judge said he thought the assault and battery were egregious and that he had no sympathy for Dan, I'd say he got off pretty easy. Hopefully the Army or Navy will still take him and I wish him the best.

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Beats hell out of sitting in the Hoosgow for a year.
I wish him the best in the future.

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Maybe it will color his actions with a little more wisdom or objectivity in the future.

I, too, hope that this does not jeopardize his other aspirations. He has now lived. Logic dictates he should have learned. Time will tell, but he's a smart lad (maybe too smart for his own good sometimes) and I think he'll come through it all just fine.

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ChickenLover wrote:

Dan got 15 days to serve (on weekends) with the remaining 11 1/2 months suspended for good behavior for a year. Not sure how weekend jail works in Newport News, hopefully they keep them in a separate part of the jail or just release them at night and make them pick up trash on a work crew during the day. He also has to pay $700 in restitution to the victim. Considering that the Judge said he thought the assault and battery were egregious and that he had no sympathy for Dan, I'd say he got off pretty easy. Hopefully the Army or Navy will still take him and I wish him the best.

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Not happy, but not displeased either - better than I hoped for actually.

Has there been conversation regarding Dan joining one of the services? He could do worse.

How will this effect his RKBA ?

Open letter to Dan - when the time is right, would like very much to sit down and have dinner with you. Always a friend.

Yata hey

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Was his conviction a felony and if so does that mean he can't own guns?!!!

I know a person or two that did weekend time and got through it ok.

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I think he got off very easy - although I bet writing that check sure hurt.

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It seems like it was a misdemeanor because of the 1 year. If it was a year and a day then it would have been a felony.

I'm only guessing but I hope it wasn't, although it is going to make it hard to get a CHP again if he had one before. If it was a felony then firearms are out.

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nuc65 wrote:

It seems like it was a misdemeanor because of the 1 year. If it was a year and a day then it would have been a felony.

I'm only guessing but I hope it wasn't, although it is going to make it hard to get a CHP again if he had one before. If it was a felony then firearms are out.

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Misdemeanor terms of incarceration are given in months; felonies in years.

12 months does not equal one year.

Yata hey

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Grapeshot wrote:

nuc65 wrote:

It seems like it was a misdemeanor because of the 1 year. If it was a year and a day then it would have been a felony.

I'm only guessing but I hope it wasn't, although it is going to make it hard to get a CHP again if he had one before. If it was a felony then firearms are out.

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Misdemeanor terms of incarceration are given in months; felonies in years.

12 months does not equal one year.

Yata hey

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100 % correct

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Grapeshot wrote:

SNIP 12 months does not equal one year.

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Aha!! At last we have iron-clad proof that Grapeshot is not from this planet.

Juuuuust as many of us suspected.

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Citizen wrote:

Grapeshot wrote:

SNIP 12 months does not equal one year.

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Aha!! At last we have iron-clad proof that Grapeshot is not from this planet.

Juuuuust as many others are suspect.

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Now there is something on which we can agree, Citi-zen.

Yata hey

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Grapeshot wrote:

Open letter to Dan - when the time is right, would like very much to sit down and have dinner with you. Always a friend.

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Perhaps he can attend one of our dinners.

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I spoke for Dan in court as a character witness (therefore, I wasn't in any position to talk about "findings of fact" which the court had already determined). In fact, the judge did use the word "egregious" to characterize Dan's actions, though he described the event in the terms of a man just going into a store to get a gallon of milk, only to be beat on the head for no clear reason. He didn't accept the testimony that the man had been banned and therefore was trespassing. He was also factually wrong, in that Dan did not hit the man on the head.

ANYWAY, we've beaten that dead horse enough! My testimony attempted to describe the Dan Moore that I have known for three years, and to the Judge's credit, he did seem interested in what I had to say. Its hard for me to be objective about my testimony's effect on the issue, but afterward, Dan's lawyer said she thought my comments had a major impact on the outcome, as she had expected him to get some real jail time, the way things had been headed.

As mentioned above, Dan got 11 1/2 months suspended and 14 days to be served on 7 consecutive weekends at the City Farm (ironically, just down the street from our yearly VCDL picnics). The lawyer said "the clientele is much better than the gen pop at the City Jail, and the food is pretty good"! He reports on the 29th.

As you might expect, Dan is still the stoic, generally optimistic person he has always been, and simply plans to take his lumps and move on with his life. The hardest thing for him throughout all this was being in limbo for so long, and being unable to get any decent job. He's hoping for that to change now, and does want to look into the military.

The charge being a misdemeanor, his right to keep and bear arms is unaffected, as is his CCW. :celebrate

I'm sure when he gets a chance to catch his breath, he will post his own comments!

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So no more appeals?

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paramedic70002 wrote:

So no more appeals?

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Dan has said not - think he wants to get on with his life.

Yata hey

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Dutch Uncle wrote:

The charge being a misdemeanor, his right to keep and bear arms is unaffected, as is his CCW.

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I'm just curious as to the actual conviction because I thought it was assault or assault and battery and it would affect a CHP?

http://opencarry.mywowbb.com/forum54/34418-1.html

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

E. The following persons shall be deemed disqualified from obtaining a permit:

14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.

J. Any person convicted of an offense that would disqualify that person from obtaining a permit under subsection E or who violates subsection F shall forfeit his permit for a concealed handgun and surrender it to the court. Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction or occurrence of any other event that would disqualify a person from obtaining a concealed handgun permit under subsection E, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction or other event. Upon receipt of such notice of a conviction, the court shall revoke the permit of a person disqualified pursuant to this subsection, and shall promptly notify the State Police and the person whose permit was revoked of the revocation.

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nuc65 wrote:

Dutch Uncle wrote:

The charge being a misdemeanor, his right to keep and bear arms is unaffected, as is his CCW.

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I'm just curious as to the actual conviction because I thought it was assault or assault and battery and it would affect a CHP?

http://opencarry.mywowbb.com/forum54/34418-1.html

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

E. The following persons shall be deemed disqualified from obtaining a permit:

14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.

J. Any person convicted of an offense that would disqualify that person from obtaining a permit under subsection E or who violates subsection F shall forfeit his permit for a concealed handgun and surrender it to the court. Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction or occurrence of any other event that would disqualify a person from obtaining a concealed handgun permit under subsection E, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction or other event. Upon receipt of such notice of a conviction, the court shall revoke the permit of a person disqualified pursuant to this subsection, and shall promptly notify the State Police and the person whose permit was revoked of the revocation.

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On reading all the relevant sections of the VA code, it DOES appear that anyone with a CCW who is convicted of any of the disqualifying circumstances mentioned in number 14 above will have his CCW forfeited. I know a person can re-apply after a certain period, probably the 3 years mentioned in the statute.

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Dutch Uncle wrote:

ANYWAY, we've beaten that dead horse enough! My testimony attempted to describe the Dan Moore that I have known for three years, and to the Judge's credit, he did seem interested in what I had to say. Its hard for me to be objective about my testimony's effect on the issue, but afterward, Dan's lawyer said she thought my comments had a major impact on the outcome, as she had expected him to get some real jail time, the way things had been headed.

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I sure hope your personal advocacy for danbus turns out to be a good thing. Time will tell.

In the past, he has used the adulation and energetic support from many (not all) here that he garnered for some egregious deprivations of his rights (e.g., Norfolk bank) to somehow justify verybad judgment in other situations (e.g. Suffolk case).

Hopefully, the continuing saga of danbus as the illustrious OC patriot/icon, afteranother conviction, is now over.

I wish him luck and wisdom going forward.Hischeckered past willfade away with several years of no further incidents with the law.

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HankT wrote:

Dutch Uncle wrote:

ANYWAY, we've beaten that dead horse enough! My testimony attempted to describe the Dan Moore that I have known for three years, and to the Judge's credit, he did seem interested in what I had to say. Its hard for me to be objective about my testimony's effect on the issue, but afterward, Dan's lawyer said she thought my comments had a major impact on the outcome, as she had expected him to get some real jail time, the way things had been headed.

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I sure hope your personal advocacy for danbus turns out to be a good thing. Time will tell.

In the past, he has used the adulation and energetic support from many (not all) here that he garnered for some egregious deprivations of his rights (e.g., Norfolk bank) to somehow justify verybad judgment in other situations (e.g. Suffolk case).

Hopefully, the continuing saga of danbus as the illustrious OC patriot/icon, afteranother conviction, is now over.

I wish him luck and wisdom going forward.Hischeckered past willfade away with several years of no further incidents with the law.

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Let the first one without sin caste the first stone.

Yata hey