FRANK CARSON UPATE: JUDGE MOODY’S 995 RULING…….

 

HERE IS JUDGE MOOYS RULING I JUST RECEIVED IT

MYSELF SO LET ME DIGEST IT A BIT

Moody 995

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One thought on “FRANK CARSON UPATE: JUDGE MOODY’S 995 RULING…….

  1. The natural and probable consequences theory has only been used in criminal gang related cases, as Judge Moody says. Frank Carson is not the godfather of an organized criminal enterprise. Baljit, Daljit and Woody were not members of an organized criminal enterprise. Judge Moody seems to acknowledge this. Yet for some inexplicable reason, Judge Moody has unilaterally decided that he is going to extend the doctrine of natural and probable consequences to the facts of this case, even though there is no case law whatsoever supporting this novel, inventive, and creative application of the law.

    Let’s think about what this means if this becomes the new standard of law. Any time someone hires an armed security guard to watch their business or property, they could be charged with first degree murder if the security guard kills someone. Any time someone sponsors an airshow, or an auto race, or other dangerous sporting event and someone gets killed, he could be charged with first degree murder. Any time a person allows another person to drive his fast sports car and the car is in a fatal accident, he could be charged with first degree murder. I mean, hey, when the evidence is viewed most favorably for the prosecution, death could be a natural and probable consequence in each of these situations.

    Judge Moody’s ruling fails to provide an adequate explanation how he was able to conclude how organized criminal gang cases have any application to the facts of this case.

    Unlike rival gangs, Frank Carson was not feuding with Mike Cooley over the power to control distribution of illegal drugs or activities. Frank Carson had no criminal incentive to cause Mike Cooley to be put down. Frank Carson had a totally LEGAL incentive, which was to protect his property from theft, as all people in California do (or at least use to until Judge Moody made this ruling). Frank Carson was not involved in any criminal activity. Only Mike Cooley was.

    Ironically, under the facts as presented, if anyone in this case would be guilty under the doctrine of natural and probable consequences, it would be Mike Cooley and not Frank Carson. Think about it. Mike Cooley promoted an atmosphere where thefts were being committed against Frank Carson’s property. People had to get his permission to pass through his property to steal from Frank Carson’s property. He even charged a toll. Mike Cooley was a gang member and involved in several criminal enterprises, including the illegal distribution and sales of stolen property from Frank Carson’s property. Mike Cooley said he was aware of the threats Frank Carson allegedly made, and said he was aware that armed patrol guards were on Frank Carson’s property. Mike Cooley was aware that Korey Kauffman was going to steal from Frank Carson’s property on the night he was allegedly killed, and although Cooley says he told Korey not to go onto Frank’s property (if you can believe that), Mike Cooley gave him permission to do so, (no doubt for a toll). It was a natural and probable consequence that Korey Kauffman would be killed when Mike Cooley gave him permission to pass through his property to steal from Frank Carson’s property.

    But, I do appreciate that Judge Moody did provide a fairly good survey and analysis of the case law in his opinion.

    As far as Judge Moody’s reference to the Hatfields and McCoys, I would like to say that like Frank Carson, my cousins were not involved in any criminal enterprise and did nothing wrong. The Hatfields were moonshiners and, like the Mike Cooley clan, were the ones involved in the criminal enterprise. My cousins have always been fine, good people. The Hatfields, on the other hand, are inbred imbeciles. My cuz’s were not at fault. They were acting in self defense. Them Hatfields got what they deserved! And if anyone deserved to be charged with murder, it was them danged Hatfields.

    Bob McCoy

    Liked by 2 people

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