death by trident

September 11th, 2012 at 6:04 PM ^

A second degree Home Invasion charge 

 

Home Invasion in the Second Degree - MCL 750.110a (3) Second degree Home Invasion is another Michigan felony and it is punishable by up to 15 years in prison, a fine of up to $3,000, or both. Michigan Home Invasion in the second degree is similar to Michigan Home Invasion in the first degree, with the difference being that the third element (involvement of a dangerous weapon or someone lawfully inside the dwelling) need not be met. Therefore, a defendant can be found guilty of Second Degree Home Invasion in Michigan the prosecution can prove the following two elements: (1) The defendant must either break and enter a dwelling –or– the defendant must enter a dwelling without permission. (2) The defendant must have formed the intent to commit a larceny, felony, or assault by the time he entered the dwelling –or– the defendant must have actually committed one of those crimes while entering, present in, or exiting the dwelling. If just one of these elements cannot be proven by the prosecutor, the defendant cannot be found guilty of Home Invasion in the second degree.

Basically second degree Home Invasion is a felony because the laptop he stole was valued at $1800, which put it in the felony category instead of a misdemeanor.

Mr. Yost

September 11th, 2012 at 11:29 PM ^

In the SEC they just give out $1,800...if you want to get a laptop or not is on you.

In all seriousness, does Michigan not give it's students computers? A lot of big schools do these days. You get it for free as long as it's not lost, stolen or damaged and you return it at the end of every year.

If the school demands all freshman have laptops, it's a way to give out computers to student-athletes in need or from poor backgrounds.

dothepose

September 12th, 2012 at 9:36 AM ^

Heck, we got computers at Lawrence Tech and this was back in 2005. We had to place a $500 deposit on them though, and those things went through hell throughout college. I left a lot of good videos on that computer when I returned it...

State Street

September 11th, 2012 at 4:13 PM ^

Is anyone else a bit upset that this kid is back on the field already?  People with values and morals don't steal laptops (let alone the fact that you have to really be lacking something up top to steal one known to have tracking software).  Is this the type of kid you want roaming Michigan sidelines for the next three years?

Well, at least he didn't do this: http://deadspin.com/5713743/yes-cam-newton-wrote-his-name-on-the-computer-he-stole

State Street

September 11th, 2012 at 4:31 PM ^

Well in that case I'd love to live in your "Do anything you want" world.  If he was dumb and insensitive enough to steal somebody else's hard earned laptop how many other offenses do you think he committed without getting caught?  What kind of "character" do you assume he has?  You think this was his first rodeo? 

WolvinLA2

September 11th, 2012 at 4:34 PM ^

The question is - do you know what happened? Not what he was charged with, but do you know what really happened? I'm sure you don't, yet you make comments about morals and not wanting "kids like this" on our team. Hoke knows, so does Mattison, and they feel that it's OK for this kid to be roaming our sidelines. They've proven to be high character people, so that's good enough for me.

State Street

September 11th, 2012 at 4:38 PM ^

I do know what happened.  He pled guilty to stealing the laptop.  Innocent people don't plead guilty. 

What more could have happend that would make him any less guilty?  This is laughable.  Sometimes you need to put allegiances aside and admit that a player on the team we support did something stupid.

EGD

September 11th, 2012 at 4:47 PM ^

Actually, innocent people plead guilty all the time.  I'm not suggesting it happened in this case, but our criminal justice system is far from perfect.

I had a laptop stolen once and it was pretty devastating, so I understand where you are coming from.  But Clark is what, 19 years old?  You have to be very careful how you treat these situations because you don't want to mess up a kid's life long-term over one stupid decision.

redhousewolverine

September 11th, 2012 at 6:30 PM ^

Especially considering the issues so many people have with criminal records-generally discriminated against in hiring-particularly if one is a minority. Our criminal justice system uses the pressures of minimum sentencing, harsh and unforgiving judges, incredible leeway for prosecutor discretion, and nearly complete insulation against actual review of criminal procedures lead a lot of people to plead guilty when they are innocent or are questionably guilty. Additionally, even though our system breaks things down into guilty and not guilty (ignoring things like supervision etc.) not every situation clearly falls into those two categories. Is it very depressing.

State Street

September 11th, 2012 at 7:13 PM ^

You don't want to mess up a kid's life long-term but there's a fine line between doing that and letting him/her off the hook.  Is there any reason why my criminal record and this kid's criminal record should look exactly the same?

I knew kids in college where if their laptop was stolen they were royally screwed.  I've seen it firsthand.  Not able to complete their homework, having to take out more loans to cover the costs of a new one, the anger/frustration of having to deal with the police.  What about the kid who Clark put through this?

We live in a society where rightly, criminals should be punished.  To what extent?  That's open to interpretation.  But what kind of message is this sending to others who want to risk committing the same crime?

chitownblue2

September 11th, 2012 at 8:09 PM ^

Your criminal record won't look the same. He will have a felony on his.

Why do people think the only way to punish people is on a football field? The law will punish him. If the school doesn't expel students for committing the crime, or take away scholarships for committing this crime, then he should be allowed to keep being a student, keep his scholarship, and continue to have the opportunity of other students.

MGOUSMC

September 11th, 2012 at 10:13 PM ^

He did plead guilty and his sentencing will be determined at his hearing on the 23rd of October. Needless to say that you need to relax and let the criminal justice system work its course.

I can tell that you hold the U of M student atheles to the same high standard you expect of yourself.  Howeva,  Your upbringing and Mr Clark's could be completely different and probably are, but that isn't the issue here. The issue is a young man made a bad decision that will make an impact on him the rest of his life. He will always have to answer the question on the application; Yes, I have been arrested or convicted of a felony offense.

And one last thing, We as a nation/state/city/univesity have standards or values that are enforced by our respective criminal justice systems. These systems, unlike you, give people another chance.

 

These are just facts of life.

uncleFred

September 12th, 2012 at 8:35 AM ^

but I think you are incorrect. A good friend was convicted of a felony related to a trumpted up stalking charge as part of a domestic dispute. It took ten years but eventially his record was expunged and the judge who expunged his record (the one who sentenced him) told him that he should answer that question no. This is not in the state of Michigan, but here at least expunged means the conviction is treated as if it never happened.

Wolverman

September 12th, 2012 at 4:21 AM ^

 No sane person pleads guilty to a crime they didn't commit unless they are covering for someone they love. They might plead no contest and try to explain what happend. Pleading guilty is admiting to the charges put forth by the prosecution.

 As for him getting probation for a felony, that's not to strange for a first time offender. He should have his scholarship revoked tho. Rewarding a convicted felon with a scholarship is not cool , especially when his crime was comitted against another student. Life is not always like baseball, you don't always get 3 strikes. Felons can't vote, carry fire arms or even associate with other felons. Being a felon makes it nearly impossible to get a goverment job and enlist in the military. I'm sorry but he should not be allowed on scholarship.

 

Wolverman

September 12th, 2012 at 2:43 PM ^

 I'm more than positive folks can turn their lives around after commiting a felony at a young age. Felonys are serious crimes for a reason tho. I just hope the kid does well with football because even with a michigan degree being a felon and the crime being a crime of trust, he'll have a hard time finding any type of job

bluebyyou

September 11th, 2012 at 6:37 PM ^

I'm not new to the legal profession.  I have practiced law for decades. Yes, people do plead guiltiy on rare occasion to lesser crimes they may not have committed for a host of reasons, but that isn't the case here.

People make mistakes.  Hopefully that is what Clark did and if he is smart, he will learn from his mistake.  Personally, I can forgive him as few of us are ever perfect.  He was caught commiting a crime, he pled guilty and there will be consequences.  I also believe it is wrong to make excuses for what Clark did.  If it were Dantonio looking the other way, we would be all over him, and justifiably so.

Sten Carlson

September 11th, 2012 at 10:37 PM ^

Innocent people don't plead guilty...This is laughable

You're laughable dude, and you obviously know absolutely nothing about how the realities of the criminal justice system. A defendant who decides to fight the charges, i.e., pleas not guilty, doesn't garner any favor with the judge and if found guilty, will likely face a far harsher sentence than a defendant who pleads guilty -- especially if it is their first offense. Any lawyer worth his/her salt will never advise his/her client to take that risk unless it is an obvious acquittal -- but then, if it was that obvious, the charges would likely be dropped. When facing a felony that have a maximum sentence of 15 years in prison, if there is even an iota of doubt that you're going to get off, and it's your first offense, it's best to just plead guilty, pay the fine, and take the probation -- especially if you've arrange as much before hand.

Remember, prosecutors are almost always willing to cut deal with defendants in exchange for an easy win, and the subsequent padding of their conviction rates.

Stop being so naive!

CSKinCINCINNATI

September 12th, 2012 at 10:32 AM ^

I usually don't post much, but this one struck a nerve with me. 

How do you know this wasn't a friend's computer that he was just trying to play a prank on?  The friend comes home and sees his expensive computer gone and calls the police.  I will give you a not well thought out prank, but it is a possibility that I am floating out there.

A similar situation happened to my brother several years ago with a friend’s car.  My 18 year old brother thought it would be funny to take his friends extra set of keys and hide his car.  The friend came home found his car missing and my brother was arrested for auto theft.  Charges were greatly reduced when the facts were laid out, but the prosecutor wouldn't drop the charges so my brother ended up on probation. 

You know what the results of the deal were, but you don't know the facts of the case.

1464

September 11th, 2012 at 5:38 PM ^

I'm not taking sides, but you are completely misrepresenting what the other guy said.  His statement was more like "I speed on the freeway, so I probably speed on side streets".

I'm not a big fan of him getting a free pass because he is on our team.  How much mud have we slung over MSU's handling of felony arrests?  (One being basically the exact same thing)  I'm also not a fan of a public beheading, simply because of his status. 

In my estimation, one game is pretty light for a felony charge.  But I will admit that I don't know the entire circumstance.  I do find it odd that so many people flame other teams for this practice, but are firmly in support of Clark.  It's kind of best to play Switzerland in all situations that you are unfamiliar with...

WolvinLA2

September 11th, 2012 at 6:43 PM ^

How can you say you aren't taking sides, and then say that you think his penalty is a little light?  Especially when you then admit that you don't know the circumstances?

Also - don't put the views of individual posters on all of us.  How do you know the people who were pissed at MSU are the sames ones in favor of Clark's punishment?  

You don't.  So either take a side, or don't, but don't get on other people for their view.  You can get on them for their reasoning if you want, or their way of expressing it.  But if you do, don't claim to be neutral while doing it.

1464

September 11th, 2012 at 8:22 PM ^

I don't claim that ALL posters were vehemently opposed to Sims coming back, but... c'mon dude: http://mgoblog.com/mgoboard/ot-msus-dion-sims-sentenced

I guarantee if we look hard enough, we'll find many examples of a double standard.  If you were not one of the ones bashing Dantonio for the Sims thing, I have no problem with you defending Hoke and Clark.  If you were one of the ones trashing his morals, well, I hope you don't have much to say about this.  I'm not claiming to know a concrete way to handle the situation, nor would I ever be asked to provide this.  I have opinions on the situation, but admit they are not well founded due to lack of information.

Perkis-Size Me

September 11th, 2012 at 6:07 PM ^

That's an ideal world, but not a realistic one. If we lived in this kind of world, I'd go out and steal things from people all the time. As long as I only did it once, then they'd have to forgive me. With these kinds of situations, one time is too many. But I'm no moral expert.