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Thread: Gonzalez Guilty on Lesser Charge

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    Gonzalez Guilty on Lesser Charge

    http://www.jsonline.com/newswatch/132744583.html

    Oct. 27, 2011 5:24 p.m. | A jury late Thursday found Jesus Gonzalez guilty of first degree reckless homicde and first degree reckless injury in the May 2010 shootings of two unarmed men on the south side.

    Gonzalez, 24, who had been free on $100,000 bail since shortly after his arrest, was handcuffed and taken into custody after the verdicts were read.

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    Regular Member paul@paul-fisher.com's Avatar
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    What are the potential penalties?

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    Founder's Club Member thebigsd's Avatar
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    On the more serious charge, it is a Class B felony.

    http://law.justia.com/codes/wisconsi...40/940.02.html

    According to this law firm site the penalties are:

    For a Class B Felony, the penalty is imprisonment up to 60 years; however, for a repeat offender the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.

    http://www.vanwagnerwood.com/CM/Custom/felony.asp

    First degree reckless injury is a Class D felony

    http://law.justia.com/codes/wisconsi...40/940.23.html

    According the the same law firm site the penalty is:

    For a Class D Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 25 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.


    These may be lesser charges but the penalties are quite severe.

    EDIT: Here is a link to Wisconsin Code Chapter 939 which confirms what I posted above.

    https://docs.legis.wisconsin.gov/sta...atutes/939.pdf
    Last edited by thebigsd; 10-27-2011 at 07:53 PM.
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    Wisconsin Carry, Inc. Shotgun's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    What are the potential penalties?
    First degree reckless homicide is a Class B felony which can bring up to 60 years in prison. Not sure about the second one yet...
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    Wisconsin Carry, Inc. Shotgun's Avatar
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    If the second one is reckless endangerment, that's a Class F felony with up to 12 1/2 years.
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    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by Shotgun View Post
    If the second one is reckless endangerment, that's a Class F felony with up to 12 1/2 years.
    It's first degree reckless injury. I posted the relevant information above. It appears we were both searching at the same time.
    "When seconds count between living or dying, the police are only minutes away."

  7. #7
    McX
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    justice is dead in this country.

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    Regular Member paul@paul-fisher.com's Avatar
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    I do not KNOW the facts of this case. That being said, here are the facts I do know of the trial.

    Jesus did not claim self-defense in court. His lawyer might of implied it but it was never claimed. The judge, of his own accord, used the self-defense jury instructions, over the objections of the prosecution but the defense did not ask for it. I do not know what to read into this.

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    Quote Originally Posted by McX View Post
    justice is dead in this country.
    Assuming he...

    never mind. Not touching this one.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by McX View Post
    justice is dead in this country.
    Or it may be that justice was done. If someone uses excessive force, causes the death of another and does not have reasonable justification for it, we should all expect them to be held accountable whether that person is a friend, is family or a stranger. If someone caused the death of your friend or relative even if that friend or relative had a past criminal record you would surely demand that it have been justified or the person be held accountable.

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    Quote Originally Posted by Interceptor_Knight View Post
    Or it may be that justice was done. If someone uses excessive force, causes the death of another and does not have reasonable justification for it, we should all expect them to be held accountable whether that person is a friend, is family or a stranger. If someone caused the death of your friend or relative even if that friend or relative had a past criminal record you would surely demand that it have been justified or the person be held accountable.
    Begrudgingly I have to agree..
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    Regular Member CUOfficer's Avatar
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    Where was his testimony? He didn't bother to explain the situation and had no justification for why he fired. Did he have any marks on his body from being assaulted? Why wasn't he lobbying the media with his side of the story? I am guessing that he was probably guilty and justice is served.

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    Regular Member oak1971's Avatar
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    He took some scum off the street and now gets to live a good portion of his life with scum in jail. The legal system may have worked as it should, but real justice has not been served. That said, it should be a lesson to all that you better have a iron clad case for using deadly force or you and Jesus will be roommates.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by oak1971 View Post
    He took some scum off the street and now gets to live a good portion of his life with scum in jail. The legal system may have worked as it should, but real justice has not been served. That said, it should be a lesson to all that you better have a iron clad case for using deadly force or you and Jesus will be roommates.
    Define scum.
    Define justice.
    You know little about the man who was killed and the man who is maimed for life.
    A minor criminal record does not justify taking their life with no other justifiable cause.
    All human life is valuable. There needs to be justification for someone to take the life of another.
    This isn't about "iron clad", it is about reasonable belief that your life was in imminent danger.
    If there was no imminent danger to his life or even a reasonable belief that one existed then justice was served.
    Last edited by Interceptor_Knight; 10-28-2011 at 02:07 PM.

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    Regular Member oak1971's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    Define scum.
    Define justice.
    You know little about the man who was killed and the man who is maimed for life.
    A minor criminal record does not justify taking their life with no other justifiable cause.
    All human life is valuable. There needs to be justification for someone to take the life of another.
    This isn't about "iron clad", it is about reasonable belief that your life was in imminent danger.
    If there was no imminent danger to his life or even a reasonable belief that one existed then justice was served.
    Thing is, you don't know either. You are guessing and giving the "innocent victims" the benefit of doubt. I chose to give Jesus the benefit of doubt. Justice as defined by our legal system is a game, whoever is better at playing the game wins. In this case, the prosecution, with the help of a jury conditioned to believe only cops can shoot people, had the better game. Different defense team, different jury selection process, he might have come out fine. Heck, defense lawyers routinely help pushers and gang bangers walk free. Call that justice?
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by oak1971 View Post
    Thing is, you don't know either. You are guessing and giving the "innocent victims" the benefit of doubt. I chose to give Jesus the benefit of doubt. Justice as defined by our legal system is a game, ....Different defense team, different jury selection process, he might have come out fine. ..
    When you kill someone, you must justify it. It does not appear that Jesus was able to justify it. Justice is when the guilty are held accountable. This was not a case of a simple confrontation. Deadly force was used and a man is dead. Another man will likely never walk again and may loose use of his arms some day or even die as a result of his injuries. Jesus was given his day in court to justify his use of deadly force. He was obviously not able to.
    Nobody is calling Jesus a bad person. They are saying that he made a mistake and because of the extreme consequences of this mistake he will be held accountable for his actions.
    Are you angry because he did not get off on a technicality? Are you saying "If only he would have had the money to escape being held responsible for what he did like some gang-bangers and pushers do?" Are you saying that justice is the guilty going free because they are your friend?
    Last edited by Interceptor_Knight; 10-28-2011 at 03:32 PM.

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    Regular Member hardballer's Avatar
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    Not sure what happened was justice. Only Jesus knows for sure. The rest is conjecture.
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    Regular Member oak1971's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    When you kill someone, you must justify it. It does not appear that Jesus was able to justify it. Justice is when the guilty are held accountable. This was not a case of a simple confrontation. Deadly force was used and a man is dead. Another man will likely never walk again and may loose use of his arms some day or even die as a result of his injuries. Jesus was given his day in court to justify his use of deadly force. He was obviously not able to.
    Nobody is calling Jesus a bad person. They are saying that he made a mistake and because of the extreme consequences of this mistake he will be held accountable for his actions.
    Are you angry because he did not get off on a technicality? Are you saying "If only he would have had the money to escape being held responsible for what he did like some gang-bangers and pushers do?" Are you saying that justice is the guilty going free because they are your friend?
    Angry? Nope. Shocked, heck no. The system is broken, has been for more years than you and I have been alive. The decision of 12 hapless fools matters little to me. The prosecution put on a better show and won. If you want to be "fair", lock Jesus and the survivor up. Because you have no idea what really happened and neither did that jury.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  19. #19
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    Did anyone sit in on the trial? From what i read (in my humble non-legal opinion) it seemed oddly handled.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Interceptor_Knight
    If someone uses excessive force, causes the death of another and does not have reasonable justification for it, we should all expect them to be held accountable.
    Quote Originally Posted by CUOfficer
    He didn't bother to explain the situation and had no justification for why he fired.
    Did he have any marks on his body from being assaulted?
    No justification?? He said he was assaulted by the 2 of them.
    2 on 1, them already drunk & rowdy... Sounds reasonable to me.
    And according to the criminal complaint, no, he didn't have any marks other than a scratch on his forehead. But why should anyone have to wait for 2 guys to beat on him before stopping the crime?

    According to the criminal complaint, the bartender explained that the 2 attackers were thrown out of the bar for being rowdy (swearing & burning money) & both bringing in their own beer & trying to take beer they'd bought there out of the bar.
    The guy who is paralyzed said that they weren't causing trouble & left the bar voluntarily.
    Then the bartender changed his story at trial.

    According to the criminal complaint, they have Jesus calling 911 saying he was assaulted by 2 men & shot at the car.
    According to the criminal complaint, several witnesses heard Jesus tell the 911 dispatcher that 2 men assaulted him.

    According to the criminal complaint, the guy who died just said "a white male" shot him.
    The guy who is paralyzed couldn't give any info on who shot him.
    Then he changed his story & said a hispanic male, but couldn't give any identifying info.
    Then he changed his story & was supposedly able to pick a picture of Jesus out of an array & tell exactly how he'd walked out of the bar & down the street & exactly what Jesus had done & said.

    So the people saying Jesus acting unreasonably have witnesses who repeatedly change their stories & outright lie.
    And Jesus called to report the assault right away, waited calmly, etc., as we're told a good citizen should.
    Look where that's gotten him!
    Last edited by MKEgal; 10-29-2011 at 01:21 PM.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by MKEgal View Post
    No justification?? He said he was assaulted by the 2 of them.
    2 on 1, them already drunk & rowdy... Sounds reasonable to me.

    According to the criminal complaint, they have Jesus calling 911 saying he was assaulted by 2 men & shot at the car.
    According to the criminal complaint, several witnesses heard Jesus tell the 911 dispatcher that 2 men assaulted him.
    .....And Jesus called to report the assault right away, waited calmly, etc., as we're told a good citizen should.
    Look where that's gotten him!
    According to the 911 recording he stated that they "tried" to assault him. He made no claims of actually being physically assaulted.... None..
    A man in a car can not assault someone unless he has a weapon or hits them with the car. That did not happen. Jesus saw no weapons and said so to the 911 operator.
    Drunk and rowdy is absolutely irrelevant to the use of deadly force unless they are an imminent threat to someone's life. There was no physical assault. Jesus reacted to a perceived threat and from all reports, he over reacted. That is why he was convicted of a crime.

    Jesus also left a man to die in the street. How do you justify that?

  23. #23
    Founder's Club Member thebigsd's Avatar
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    Does somebody have a link to that 911 recording?
    "When seconds count between living or dying, the police are only minutes away."

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    Regular Member oak1971's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    According to the 911 recording he stated that they "tried" to assault him. He made no claims of actually being physically assaulted.... None..
    A man in a car can not assault someone unless he has a weapon or hits them with the car. That did not happen. Jesus saw no weapons and said so to the 911 operator.
    Drunk and rowdy is absolutely irrelevant to the use of deadly force unless they are an imminent threat to someone's life. There was no physical assault. Jesus reacted to a perceived threat and from all reports, he over reacted. That is why he was convicted of a crime.

    Jesus also left a man to die in the street. How do you justify that?
    They were the aggressors and got what they deserved.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  25. #25
    Regular Member Interceptor_Knight's Avatar
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    According to court records, Gonzalez called 911 after the shooting saying, "I just had two individuals try to assault me when I was going outside to move my car."
    When the dispatcher asked Gonzalez if the men had weapons, he said, "I don't know what they had, but they must have thought that I was not armed."

    Read more: http://www.wisn.com/news/23601147/de...#ixzz1cC8nImZa
    Besides his 911 call, Gonzalez, 24, has given no other statement, and did not testify at trial. .
    .

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