01.31.07
Ok, so it's been awhile... again. Not a lot has been happening since I last updated this, until this week. There were a lot of disposition settings (essentially means that the case comes up on the docket so that the judge can ensure that forward-progress is being made on the case and things aren't sitting idle).
About couple of weeks ago I got a call from my prosecutor letting me know that there was a possibility of a plea bargain with the driver (2 counts against him - the lesser of the 2 evils). She left a message telling me that she had offered 15 years, and they countered with 10 years at TYC - she wanted to know my thoughts. I left her a voicemail letting her know that I wasn't at all happy with that possibility. When she called me back she let me know that she had no intentions of accepting anything less than 15 years. The options were essentially for him to plead guilty and accept 15 years in prison (not TYC), plead guilty and have a judge decide the sentence (aka PSI), or plead not guilty and have the case go to jury.
This is the email I got from my prosecutor yesterday:
[Driver] is going to enter a plea of guilty, request a pre-sentence investigation, and ask the judge to sentence him. He rejected the 15 years again. He is set to enter a plea on 1/31 and the sentencing is usually about 6 weeks later.
A pre-sentence investigation essentially enables the judge to gather all pertinent information about the case including a statement including all facts of the offense, a statement by the accused and a statement by the victim. In addition, the defense or prosecution can add impact testimonies, which in this case would be me meeting with the judge so he can see how it has affected me. Once all of this is compiled, there will be a report released, and the judge will sentence the accused based on his evaluation of all of the information.
I am really happy with this outcome. He is already pleading guilty, so there is no question there. And while I'll have to speak to the judge, I don't have to go through 2 full trials, which is nice. I think it'll be easier to speak directly to a judge than to an entire room full of people. Of course there is a chance that he will get less than 15 years, but there is also a chance that he will get more, which is obviously what I'm hoping for. That part is out of my hands though, and I have to have faith that the sentence handed down will be fair and just.
As for the passenger, he was on the docket for yesterday. So far, his attorney hasn't approached her to discuss plea bargains at all. So who knows what will happen there. Funny thing is, they are the ones that have NO CASE at all. Time will tell...
If it DOES go to trial, then it won't be until late April/early May. So it continues to drag on...
Again, thank you all for your continued support through all of this. When the time for sentencing comes about, and when I actually get the chance to address my attackers in court, I will be sure to let y'all know, as many of you have asked...
Until next time...
About couple of weeks ago I got a call from my prosecutor letting me know that there was a possibility of a plea bargain with the driver (2 counts against him - the lesser of the 2 evils). She left a message telling me that she had offered 15 years, and they countered with 10 years at TYC - she wanted to know my thoughts. I left her a voicemail letting her know that I wasn't at all happy with that possibility. When she called me back she let me know that she had no intentions of accepting anything less than 15 years. The options were essentially for him to plead guilty and accept 15 years in prison (not TYC), plead guilty and have a judge decide the sentence (aka PSI), or plead not guilty and have the case go to jury.
This is the email I got from my prosecutor yesterday:
[Driver] is going to enter a plea of guilty, request a pre-sentence investigation, and ask the judge to sentence him. He rejected the 15 years again. He is set to enter a plea on 1/31 and the sentencing is usually about 6 weeks later.
A pre-sentence investigation essentially enables the judge to gather all pertinent information about the case including a statement including all facts of the offense, a statement by the accused and a statement by the victim. In addition, the defense or prosecution can add impact testimonies, which in this case would be me meeting with the judge so he can see how it has affected me. Once all of this is compiled, there will be a report released, and the judge will sentence the accused based on his evaluation of all of the information.
I am really happy with this outcome. He is already pleading guilty, so there is no question there. And while I'll have to speak to the judge, I don't have to go through 2 full trials, which is nice. I think it'll be easier to speak directly to a judge than to an entire room full of people. Of course there is a chance that he will get less than 15 years, but there is also a chance that he will get more, which is obviously what I'm hoping for. That part is out of my hands though, and I have to have faith that the sentence handed down will be fair and just.
As for the passenger, he was on the docket for yesterday. So far, his attorney hasn't approached her to discuss plea bargains at all. So who knows what will happen there. Funny thing is, they are the ones that have NO CASE at all. Time will tell...
If it DOES go to trial, then it won't be until late April/early May. So it continues to drag on...
Again, thank you all for your continued support through all of this. When the time for sentencing comes about, and when I actually get the chance to address my attackers in court, I will be sure to let y'all know, as many of you have asked...
Until next time...
posted by Renee at 8:06 AM
5 Comments:
Yes, they are in HC jail. They have the option of getting out on bail, but they can't afford it, so they have been in jail since they were arrested...
in my mind, no amount of time will ever make it "better", but 15 just seems so easy for them... I know you live this more than anyone, but still... 15? seriously? I'm praying for more, but not sure if there's a number that would even begin to make it sound like they are getting what they deserve...
*sigh*
Love you and see you soon!!!
Glad things are moving along on this. I know it is slow but atleast it is moving so you can close this chapter in your life!!! (((HUGS)))
Definite progress. As always, you continue to be in my thoughts and prayers.
I continue to be amazed by your grace and faith. You amaze me.
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