Only in NY?

[RACER X]

CLYDE, NY - This hamlet of some 2000 residents is not immune to the lunacy permeating through the rest of the country.

On June 8th, Jessie Daniels was awaked by loud noises coming from the home next door he was renovating for his father-in law. He told his wife to call 911 and went to investigate.

Daniels discovered four boys ranging from ages 8 to 10 in the basement vandalizing the property. They had spray painted remarks derogatory to women on walls and busted out other walls and windows with hammers.

Daniels grabbed a hammer from one of the boys which left the other three armed with hammers of their own. He ordered the boys to drop their hammers and demanded to know what they were doing there. He then corralled the startled boys into a closet and held them there until the police arrived.

When police did arrive, they charged the boys with second degree burglary and second degree criminal mischief.

One would think that is the end of the story. As the infomercial says…, but wait there is more.

Two days after the incident, Daniels was arrested and charged with four counts of Endangering the Welfare of a Child.

Daniels said he didn't know he wasn't allowed to detain the children until police arrived. But that was not what he was arrested for.

The boys told the police that Daniels threatened them with his hammer and grabbed one of them by the throat, which he denies. As a result Daniels now faces the possibility of four years in prison if convicted.

Incredulously, the father of two of the boys told a radio station that although he didn't condone what his sons did, he believed Daniels should face even more charges.

As for the boys, they reportedly committed the vandalism because Daniel’s wife shooed them off the property earlier that day. They now face the possibility of juvenile detention. In all probability they are more likely to get probation and restitution. However this does not amount to much since New York law states that juveniles can only be held liable for damages up to $1500. The boys reportedly caused more than $40,000 worth of damage to that home.

There is some hope however. It appears the town of Clyde has gotten behind Jessie Daniels and support for him has grown. The Wayne County District Attorney now reports the case is under review.


sent from my cell phone, far far away



sent from my cell phone, far far away

 

[kyletxria1911a1]

That sucks!!!

 

[TXARGUY]

God Bless Texas!

 

[M. Sage]

Screw that. When I caught some vandals around the same age a couple years back, one of the SAPD officers who responded told me I "should have beat their ass."

 

[Pilgrim]

So how does Texas handle this differently? I'm not trying to be a smart-ass but what would happen if the juvenile delinquents reported that you threatened them?

 

[TXARGUY]

Notes to self:
1. Kill all property destroying juveniles "in self defense".
2. Go on talk show tour.
3. Get no-billed by Grand Jury ***VERY IMPORTANT***
4. Write book.
5. ?????
6. Profit

 

[TX69]

Notes to self:
1. Kill all property destroying juveniles "in self defense".
2. Go on talk show tour.
3. Get no-billed by Grand Jury ***VERY IMPORTANT***
4. Write book.
5. ?????
6. Profit

Plan "B" - Set dog loose inside home and LOL

 

[scgstuff]

Notes to self:
1. Kill all property destroying juveniles "in self defense".
2. Go on talk show tour.
3. Get no-billed by Grand Jury ***VERY IMPORTANT***
4. Write book.
5. ?????
6. Profit

Write comments like this on Internet so they can be used against you if it ever happens.....

 

[grumper]

So how does Texas handle this differently? I'm not trying to be a smart-ass but what would happen if the juvenile delinquents reported that you threatened them?

Says he was awakened by the noise, so I'm guessing this happened during the night? 4 assailants armed with hammers breaking and entering, criminal mischief, burglary during night time.

Not to mention it was a habitation and he legally had permission to be there since his father-in-law asked him to renovate the house. So castle-doctrine laws would also apply.

Possibly could have smoked a few/all of them and then gotten no-billed by a grand jury in TX. Pretty difficult for a reasonable person to tell how large/deadly an attacker wielding something that looks like a hatchet or hammer is in the dark and TX law sides with the homeowner, especially at night time.

In any case the law would be on the side of the homeowner if he just decided to use non-deadly force to recover his property from the brats, kicked their asses really good and locked them in the closet.

 

[Texan2]

In most of Texas, the cops would come, release any that are under 10 because they cant be charged at all, with anything. Collect the parents info and see if you can negotiate a peace treaty between the victim and parents. Then cite and release the 10 year old to his parents because most detention centers wont take a 10 year old for a non violent offense.
Pat guy on back for detaining them without hurting what are in reality just elementary school age kids. Go do paperwork. Arrest homeowner? Never.

 

[TXARGUY]

Write comments like this on Internet so they can be used against you if it ever happens.....

I don't have to worry about that. All my guns were lost in a freak boating accident.

 

[Coop45]

Lucky he didn't have a big coke.

 

[Acera]

About to be a non issue-now. Common sense has prevailed. DA does not want to prosecute.

DA says he won't prosecute upstate NY man who put 4 boys in closet after vandalism spree | Fox News

Jesse Daniels Will Not Be Prosecuted For Locking Kids In Closet

DA Wants Charges Against Jesse Daniels Dropped - Rochester

 

[rushthezeppelin]

Speaking of NY anybody see the wonderful trifecta of candidates they have for fuher of NYC? Weiner, the old governor who resigned 5 years ago over a prostitution scandal and the madam of the brothel that governor went to. What a hoot.

 

[Mexican_Hippie]

If he could still beat their butts with a belt the whole closet thing wouldn't be a problem. Just sayin'.

If one of my kids did that and got a butt whoopin from the home owner, they'd get another one after I picked them up. Then I'd apologize profusely to the homeowner for my child's behavior and try to help them fix the damage (with free child labor).

 

[kyletxria1911a1]

If he could still beat their butts with a belt the whole closet thing wouldn't be a problem. Just sayin'.

If one of my kids did that and got a butt whoopin from the home owner, they'd get another one after I picked them up. Then I'd apologize profusely to the homeowner for my child's behavior and try to help them fix the damage (with free child labor).

quote of the thread !

 

[Vaquero]

CPS steps in and all goes south.

 

[benenglish]

In most of Texas, the cops would come, release any that are under 10 because they cant be charged at all, with anything. ... Then cite and release the 10 year old to his parents because most detention centers wont take a 10 year old for a non violent offense.

Texas is surely better than this silliness in NY but it's far from perfect.

My sister had $800 stolen out of her purse at work. Since she worked in a high-security area at a federal LEA, the internal processes involved were serious. The only thing new about the office was the presence of a new, 16-year-old summer intern.

The night after the theft, the Inspector Generals office set up a hidden cam. The next morning the intern showed up to work in an entire suit of brand-new, expensive clothes. When my sister went on her very first break that morning, he helped himself to an additional $400 (in marked bills) from her purse. An hour later, he was in a conference room, being questioned by some very serious Special Agents.

This is where things get weird. They let him make a phone call and the first person to show up for him was a lawyer subcontracted by the city. The kid had been hired under a city program and the lawyer was there representing the program and to make sure we didn't abuse the poor, disadvantaged youth who was obviously trying to better himself through participation in important social programs. Our Special Agents didn't want to mess with the paperwork so they called in Houston PD who collected the evidence, put the kid into a patrol unit, and drove him home.

No charges were filed. The first batch of stolen money was never recovered. The summer intern program was canceled and all participants were sent back to the program offices for placement elsewhere. The only explanation that my sister ever received was that if it hit the papers that the City of Houston was placing thieves inside federal agencies for the summer, it would embarrass the city. Thus, there would never be any charges.

I don't think anyone other than the thief was happy with the outcome.

My point is that the whole "They're too young; let 'em go" way of handling juvenile crime is sometimes extended way past where it should be. No, I'm not advocating putting 10-year-olds in prison for vandalism but there needs to be a middle ground between "Let 'em go" and "Throw the book at 'em." I realize there is a middle ground in the form of the juvenile courts but, in my experience, there are some judgment calls in these cases that can too-easily go wrong.

 

[M. Sage]

10 years old is an age where the parents should handle it. The vandals I caught were around that age. I hope they got tanned good. The one who ran off and left his little brother behind needed to get beat twice as bad.

 

[Texan2]

Texas is surely better than this silliness in NY but it's far from perfect.

agreed.