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This is an outrage! Tesla vandal causes $20,000 in damages, receives no charges.

mhaze

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Cynical speculation. In my experience the criminal justice system is particularly hard on diversion candidates. Many are subsequently picked up and jailed for noncompliance. A drawbridge operator in Palm Beach was just jailed for many years due to failure to comply with her pretrial diversion terms. This was a case where she lied about her role in the death of a bicyclist due to her criminal error in opening the bridge while occupied by the cyclist. The justice system had flaws but mostly gets to the truth and correct outcomes. The exceptions are what we see splashed across the internet and news. I get the anti-Soros sentiment and agree that stacking liberal judges and prosecutors is bad. But that is decidedly not what happened here. Right wing media (I am a conservative) has appropriated this incident as an example of lax prosecutorial discretion but it simply isn’t true. The headlines indicating the pro got off free are flat out lies. Don’t be taken in by either side. The outcome here is just.
If you want to reply to my posts, go ahead. But answer the arguments I make. Don't waste my time by going off on some song and dance lecture. Just as a reminder, here is what I said

'What you've done is essentially read and cited to us the paperwork. What you have not done and cannot do is look at the actual outcome. Right now nobody knows what that may be, because it is a future event.

But there's every reason to be concerned that after the publicity has wore out, this perp is let off with a "wink, wink and a smirk."'
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pkauf01

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You couldn’t be more incorrect. An intentional act can also be a mistake. Every criminal act is a mistake. Some are intentional and some are not. You keep harping about semantics but don’t understand basic English usage and legal terms. Claiming someone made a mistake is not necessarily making an excuse for them. You can make a mistake and still be both wrong and criminally culpable. The question is intentionality. Yes, he did this intentionally and should be punished accordingly. It’s still a mistake. He did something he shouldn’t have. That’s the very definition of a mistake.

The only decision to make about consequences is what venue and what is proportionate to the act? There are many considerations, including the fact that the court and penal systems are overtaxed and expensive, and that victims may achieve better justice through immediate reparations. In this case the perp’s family raised the money through loans and the payment is being made much sooner than would otherwise be possible


You keep asking for punitive payments to the victims. There is no such thing under criminal justice - you only get paid your actual damages and that does not include your time, although can include actual lost wages.

I get your outrage and share it. But your demands/solutions are neither realistic nor possible, and more importantly, would serve no practical effect. The news of consequences like this is clearly informing the public about the Tesla dashcam. The deterrent effect is in place, the perp is regretting his actions, and the victims have been repaid to the maximum extent possible under the law. Case closed unless the perp recidivates.
Criminal acts need to have real consequences. Paying restitution is not the same as getting convicted and a record. There is a reason for statutes for setting felonies for certain damage amounts. And regardless of your dictionary definition of a mistake, it's crap. The person did it intentionally to damage someone else's stuff, and is only sorry they got caught. Our criminal justice system has become too lenient on offenders IMO . . . Once again, not looking to jail the person for life, but a ding on their record and maybe a few days in jail will make them think again, and maybe deter others.
 

mhaze

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Criminal acts need to have real consequences. Paying restitution is not the same as getting convicted and a record. There is a reason for statutes for setting felonies for certain damage amounts. And regardless of your dictionary definition of a mistake, it's crap. The person did it intentionally to damage someone else's stuff, and is only sorry they got caught. Our criminal justice system has become too lenient on offenders IMO . . . Once again, not looking to jail the person for life, but a ding on their record and maybe a few days in jail will make them think again, and maybe deter others.
Not only did they damages these trucks, but they did it as part of a publicized and organized conspiracy to damage Tesla for Musk's involvement in DOGE. That's quite a bit worse than some random average bad boy being a bad boy.

The ONLY way someone should get off jail time would be if he rats out the organizers with sufficient facts and details to allow prosecution. Let's take a walk up that ladder.
 

M0unt41nm4n

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baska

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This is absolutely insane! How can someone cause $20,000 in damage and walk away without charges??? The justice system needs serious reform. I’ve seen Michael and Associates Attorneys at Law reviews, and they seem like the kind of firm that would actually fight for real accountability. We need stronger legal action in cases like this.
 
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WHIZZARD OF OZ

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Good to see that 'Human Resources Employee' are expected to be held 'To The Highest Standards' of conduct .... parrot_phrasing_ on my part ?
I wish l could speak Pigeon English....sometimes feel like a Stool Pigeon
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CT_AZ_4x4

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Lets be real here...

If he loses his job and the MN DHS is seriously considering canning him, then he is left looking for something else. Since he is now "famous" due to the internet and local news in MN, he may actually have a tough time finding a job. Assuming he can't find a job, he plays his violin to the prosecutor and says "I have no job". The prosecutor gives him some pity. Let s say he gets a job slinging burgers at McDonalds or other fast food joint, then the people don't get the money back for many years. The victims aren't really made whole and this guy gets to move on with his life. It's a lose/lose. Even the sheriff of Hennepin is pissed about it.

Punitive actions by the prosecutor will have the effect of causing fear in other people who are considering this. Monetary diversion is a drop in the bucket for fear because others who do this may not have a "nice job" to help pay for damages. This happens ALL the time. OTOH, fear of being with Bubba in a jail cell for 3 years will cause others second thoughts about doing this.

Diversion programs don't do squat. It's a slap on the wrist. I am happy to have my tax money contribute towards a ward of the state if it causes a reduction in that sort of crime.
Most diversion programs require at least 1/2 of the full restitution up-front and substantial payments. The case cannot be dismissed until restitution has been paid in full.

Nearly every person in this situation is going to learn from their mistake. It is one reason why middle-aged and older men commit many fewer felonies than younger men.
 

mhaze

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Moriarty is the Hennepin County Attorney and, regardless of the rules and accepted levels of discretion, seems to do whatever she wants. The guy was let off on what is called pre-charge diversion which was previously unheard of for a case like this. Keep in mind he works for the state. Ironically, a nineteen year old young woman was just charged by Moriarty with a felony for doing around $6K worth of damage to Teslas.
Sounds like the DA got a call from higher up. No more or less.
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