Wednesday, May 13, 2009

Does "The Time" Match The Crime?

Nick Joseph Convicted
of 7 Charges Including
4 Felonies Received A Sentence of 3 to 7 Yrs.:

Charge 1 - Vehicular assault ~~ 1 – 3 years
Charge 2 - Assault ~~ 2 years
Charge 3 - Assault ~~ 2 years
Charge 4 – Leaving the scene ~~ 1 1/3 – 4 years
Charge 5- DUI ~~ 1 year
Charge 6- Cocaine possession ~~ 1 year
Charge 7- Perjury ~~ 1 – 3 years

(Some charges run concurrent while others run consecutively)

During the sentencing, "Judge Affronti said the evidence against Joseph was "overwhelming and staggering."

"Any law abiding citizen would have remained at the scene. You (Joseph) consciously fled in the dead of night, knowing exactly what you were doing. You were speeding, drank alcohol and ingested cocaine. Your flight constitutes the most egregious transgression that evening. That flight in my opinion was the epitome of selfishness. You only cared about yourself," the judge said. "You obviously did not commit just one solitary error in judgment." Affronti says Joseph's acts were "extreme and calculating."

The judge said he "did not accept or believe your [Joseph's] amnesia defense...those defenses were preposterous, and you never considered the welfare of those you left behind."


SCATS ~~ Given Affronti's harsh words and given the crimes committed, does Nick Joseph's sentence of 3 to 7 years seem about right, too little or too much?


Anonymous said...

Scats: thanks for the breakdown because it makes the sentence easier to understand. If the individual crimes are committed as part of the same event, then the sentence is usually concurrent. The only crime that occurred at a different time was perjury, so the penalty for that felony is added to the highest sentence of the others committed during the same event. Hence 2 1/3 to 7.
It doesn't make it any easier to absorb, but if the judge made it longer, it would only get reduced or overturned on appeal. Look at what our appellate courts do with murder convictions!

SCATS said...

To 11:18AM ~~ In the video of ADA Sandra Doorley yesterday, she said the calculations for some of this would be up to the Dept. of Corrections to decide. That video is on this link:

Anonymous said...

Nickie got off with a short prison sentence. I agree with Sharp's family. If it were any of us, we would have been in jail without bail while waiting for trial. Look how they treated Roderick Scott and compare it to Joseph. We haven't had the pleasure of seeing the cop shackled, paraded before media and wearing prison garb, have we? Nope. Not even yesterday!

Cops get special treatment. Just wait until the other GPD criminals get sentenced. You'll clearly see the sentences are on the lenient side.

Anonymous said...

One down, at least five to go. Pignato is up next. I hope they get to share a cell and save us some money. I agree Nick got off easy. I wish his daddy luck with the "guarantee" Nick gets it all overturned. I just don't see it happening.

Anonymous said...
This comment has been removed by a blog administrator.
SCATS said...

BLOG Administration deleted the previous one line "question" (a veiled insult) regarding a named individual.