wlubd

November 14th, 2011 at 12:44 PM ^

Some clarification (per a premium board):

Sounds like it was more of a misunderstanding involving a roommate. Something was taken and thought to be of common use but wasn't and was returned when roommate inquired about it. But police had been called and charges were filed. Doesn't exactly sound serious but obvious caveat of waiting to see what happens.

As for why he hasn't been playing-this isn't why. He has had a concussion for several weeks now. M staff are supposedly planning to seek a medical redshirt for him.

FgoWolve

November 14th, 2011 at 4:44 PM ^

That my friend, would be an affirmative defense. But who wants to put those things forward? No one. They just take up time and money that's why 99% of cases don't go to trial. If the prosecutor believes the story, justice is spelled P-L-E-A-D-E-A-L.

BiSB

November 14th, 2011 at 6:38 PM ^

The prosecution is required to prove all elements of the offense, including mens rea. As such, a lack of intent to commit larceny would not be an affirmative defense here.

That said, he really wouldn't want to take this to trial.  His better hope is that the prosecutor believes his take and drops (or reduces) the charges.

Anonymosity

November 14th, 2011 at 1:19 PM ^

CR-W-11-0001599 FH PERTEET, RICHARD LOUIS PRELIMINARY EXAM - JG SWARTZ POWELL, LLOYD E
  Count: 001 FORGERY  
    002 UTTERING & PUBLISHING

 

Uttering & Publishing??  Oh man, that's not coming off his record anytime soon...

(I Googled this apparently it's punishable by up to 14 years in prison.  Moral of the story: don't utter and publish.)

Moleskyn

November 14th, 2011 at 1:19 PM ^

FYI, for those who are interested, here is a definition of 2nd degree home invasion (per onecle, re-formatted for clarity):

A person is guilty of 2nd degree home invasion if...

  • A person breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling.
  • A person enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling.
  • A person breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault.

mackbru

November 14th, 2011 at 1:33 PM ^

We'll see. The charge suggest something greater than a penny-ante issue between roommates. So, unless or until the case is resolved, let's not do the OSU thing and dismiss it as nothing.