PDA

View Full Version : Bad Guy Gets his dues


Boomer1961
09-06-2007, 7:48 AM
I thought that this would have been posted all ready. Did a search and checked the actives.

Anyways the world is a little safer today. Not only is there one less bad guy running around, but it was a two for one special for the price of one you get two.

One dead bad guy, one bad guy in jail.

Steal from the sheople in SF and all they do is give you a ticket.

Steal from a gun owner, well, no more stealing for him.

I do really struggle over though is that bullet proof vests are illegal. Make guns illegal, well you may have a point if it was for the second ammendment.

Making bullet proof vests even more illegal than a firearm, well it is obvious that LE and government wants to keep the sheople vulnerable at all times.

http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/09/06/MNC5RR0E0.DTL&tsp=1


====================================


Where system failed, street justice ended a career in petty crime

It took someone with a gun to put an end to Allen Broussard's auto burglary spree - something San Francisco prosecutors, probation officers and judges had been incapable of doing.

Broussard, 37, a high school dropout who grew up in San Francisco's housing projects, was arrested at least eight times over the last year and a half, mostly for breaking into cars to get cash to feed a drug habit.

Each time, Broussard would be released - within days, weeks or a few months - to resume stealing and breaking into cars parked in Bayview-Hunters Point.

Until police found him dead Aug. 17 - still clutching a just-stolen car stereo - Broussard's life exemplified how San Francisco's pervasive problem of smash-and-grab thieving is fed by its own criminal justice system, which frequently fails to reform or punish offenders.

"We see the same individuals out returning to the community and committing the same kind of crime over and over again," said Capt. Al Pardini of the Bayview police station, referring to the use of probation releases in cases of repeat offenders.

"Probation should be an opportunity for someone who has made a mistake and wants to get back on the right path - we can't let it become a way of life," Pardini said.

But a way of life is what it had become for Broussard until he was slain shortly after committing a last auto burglary, just blocks from the Hunters Point projects where he was raised.

"We can't force the court to send somebody to state prison," said Jeff Ross, a top prosecutor in District Attorney Kamala Harris' office, suggesting that prosecutors are as frustrated as police. "We can ask for it, which we did in Broussard's case, but there is nothing we can do to force the court to give them state prison."

On Friday, police arrested a suspect in Broussard's killing, Jamal Butler, 34, who also possesses a lengthy criminal record, including attempted murder, drug dealing, possession of body armor, auto theft and felony evading arrest.

Though Ross suggests judicial leniency is to blame for Broussard's repeated journeys through the revolving door of justice in San Francisco, prosecutors and probation officers played a significant role, too.

Records show Broussard had a lengthy rap sheet even before his last string of offenses. Prior to 2006, he had been convicted five times for burglary, theft and drug-related crimes. He had served two state prison terms and violated his parole repeatedly until it ended in November 2005.

In January 2006, Broussard was arrested twice by San Francisco police - once for auto theft and then for drug possession. But both cases were dropped by the district attorney. The theft case wasn't prosecuted and was sent back to police for further investigation, Ross said. The substance for which Broussard was arrested on drug possession turned out not to be illegal for him to possess, he said.

On Feb. 1, he was arrested again for auto theft, but that case was dropped, too, due to insufficient evidence, Ross said.

A week later, he was arrested for breaking into a car in the Bayview neighborhood - one of dozens of auto burglaries reported to San Francisco police each day. He pleaded guilty and was sentenced to four months in County Jail by Judge Lucy McCabe.

Freed on probation in June, he was arrested twice that same month, again for auto burglaries. But prosecutors didn't seek new convictions, instead asking a judge to find Broussard in violation of his county probation. It is a shortcut that spares prosecutors and the courts the expense of a new trial on a new offense - and one prosecutors defend, saying the sentences meted out by judges wind up being the same.

But it also is true that electing to prosecute a case as a probation violation instead of as a new crime spares the defendant a new conviction and the prospect of the more severe sentences state law allows for repeat offenders.

Prosecutors sought to have Broussard sentenced to a year in jail for the June probation violation. But, on the recommendation of probation officials, Judge James McBride sentenced him instead to a year in drug rehabilitation. McBride told the defendant he would be jailed if he didn't enroll in the program. Broussard didn't enroll and ended up in jail. Records show he was released on probation in September.

Twelve days later, he was back in custody on yet another auto burglary. According to court records, a woman told police that she watched as he smashed the window of her car and another vehicle.

This time, prosecutors sought a state prison sentence and were backed up by a new evaluation by probation officials. Their report said Broussard "has been given numerous opportunities to follow the path of an upstanding citizen and that he has fallen short of that goal."

Probation officials wrote that Broussard "has shown his disregard for the criminal justice system and to probation by his noncompliance and his continued criminal behavior regardless of judicial sanctions." They added: "Probation can do nothing for the defendant based on his conduct."

But, in the end, prosecutors struck a plea agreement under which Judge Susan Breall sent Broussard back to County Jail for a year with credit for two months already served. He was released on probation in May of this year under a system that gives inmates credit for two days for every one day served if they remain on good behavior.

The prosecutor settled the case on terms more lenient than first intended in part because of the reluctance of the witness to testify against Broussard at a trial.

In July, Broussard was caught in a stolen car but claimed to be watching it for a friend. He wasn't charged with a crime. And even though he was on probation, prosecutors didn't seek to have him returned to jail for violating the terms of his release.

District attorney's office spokeswoman Bilen Mesfin said prosecutors had no evidence to prove Broussard actually intended to drive the stolen car, as there were no keys found.

A month later, Broussard was dead, shot on Nichols Way at 7 a.m. on Aug. 17, blocks from the federal housing project where he grew up. Authorities won't say whether the defendant in the shooting, Butler, was the owner of the vehicle from which Broussard had just stolen the car radio.

Broussard, of course, was just one of many car burglars working the city's streets. In San Francisco, an average of about 32 vehicle break-ins a day are reported to police. The actual number presumably runs higher.

Earlier last month, state Attorney General Jerry Brown's Lincoln Town Car was hit. As the vehicle sat outside the State Building in San Francisco's Civic Center, a thief made off with its global position navigation system.

Victims of such crimes understand that the thieves frequently are motivated by addiction, but they're frustrated by the intrusion, inconvenience and economic loss.

"It's hard," said Robert Leggalet, one of Broussard's victims. "People are sympathetic to it, but at the same time, they get mad.

"They (victims) say, 'This isn't right, I'm a good person, this stuff shouldn't happen.' Why does it happen? Why does it have to happen? It would be nice to think that the system could be able to rehabilitate people," said Leggalet, a property manager in Bayview-Hunters Point.

Broussard broke into Leggalet's car in February 2006. He smashed the window and stole a cell phone and other valuables. When a bystander identified Broussard to police and Leggalet as the perpetrator, Leggalet's cell phone was attached to Broussard's belt. Broussard still denied involvement, though. The officer placed a call to Leggalet's telephone number. When the phone on Broussard's belt rang, Broussard was arrested.

"This guy had a substance abuse problem - it was clear as day," Leggalet said. "He was high, he didn't take care of himself, he was physically dilapidated, his clothing was ratty. I felt bad for the guy."

Leggalet said he felt at the time that Broussard was doomed to death on the street from drug abuse or after someone caught him in the act of breaking into another car.

"He was going to go one way or the other. Either way, it wasn't going to be pretty," Leggalet said.

Broussard's mother, Ida Townsend, said her son grew up in the projects and suffered from a learning disability and had trouble reading. He dropped out of Balboa High School in the 11th grade, she said.

She said her son's extended life of crime might have been prevented had he gotten some help earlier on.

"It is so sad. What can you say? Jail ain't going to rehabilitate you. They should have had years ago, like they have those boot camps in Arizona, like they are in the service," she said.

"If they did that, a lot of people would change. ... I did everything I could to raise my child."

:D

Sarkoon
09-06-2007, 10:49 AM
The article was written in a way to make it sound like bullet-proof vests are illegal to possess under all circumstances, but that is not true.

I believe that it's illegal for felons to possess body armor, and you can also be charged with the additional offense of "unlawful possession of body armor" if you are wearing armor while in the act of committing a crime. Otherwise, as far as I know, it's legal to possess and wear body armor.

Anthonysmanifesto
09-06-2007, 10:58 AM
please read the codes dealing with Body Armor (http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=10169217723+1+0+0&WAISaction=retrieve)

12370. (a) Any person who has been convicted of a violent felony,
as defined in subdivision (c) of Section 667.5, under the laws of the
United States, the State of California, or any other state,
government, or country, who purchases, owns, or possesses body armor,
as defined by Section 942 of Title 11 of the California Code of
Regulations, except as authorized under subdivision (b), is guilty of
a felony, punishable by imprisonment in a state prison for 16
months, or two or three years.
(b) Any person whose employment, livelihood, or safety is
dependent on the ability to legally possess and use body armor, who
is subject to the prohibition imposed by subdivision (a) due to a
prior violent felony conviction, may file a petition with the chief
of police or county sheriff of the jurisdiction in which he or she
seeks to possess and use the body armor for an exception to this
prohibition. The chief of police or sheriff may reduce or eliminate
the prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as he or
she deems appropriate, based on the following:
(1) A finding that the petitioner is likely to use body armor in a
safe and lawful manner.
(2) A finding that the petitioner has a reasonable need for this
type of protection under the circumstances.
In making its decision, the chief of police or sheriff shall
consider the petitioner's continued employment, the interests of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that law
enforcement officials exercise broad discretion in fashioning
appropriate relief under this paragraph in cases in which relief is
warranted. However, this paragraph may not be construed to require
law enforcement officials to grant relief to any particular
petitioner. Relief from this prohibition does not relieve any other
person or entity from any liability that might otherwise be imposed....


12022.2. (a) Any person who, while armed with a firearm in the
commission or attempted commission of any felony, has in his or her
immediate possession ammunition for the firearm designed primarily to
penetrate metal or armor, shall upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony, be punished by an
additional term of 3, 4, or 10 years. The court shall order the
middle term unless there are circumstances in aggravation or
mitigation. The court shall state the reasons for its enhancement
choice on the record at the time of the sentence.
(b) Any person who wears a body vest in the commission or
attempted commission of a violent offense, as defined in subdivision
(b) of Section 12021.1, shall, upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which he or she has
been convicted, be punished by an additional term of one, two, or
five years. The court shall order the middle term unless there are
circumstances in aggravation or mitigation. The court shall state
the reasons for its enhancement choice on the record at the time of
the sentence.
(c) As used in this section, "body vest" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer.

StukaJr
09-06-2007, 11:50 AM
If I understand the article correctly - the suspect shooter is a convicted felon? So if he is found guilty, it'll be a case of "Don't steal from the violent criminals"?

But it does show inadequacy of State to prosecute such severe cases of offenders that do nothing for society but repeat their offense over and over, and over...

I need to drum up my "street cred" so my car stereo does not get stolen again...

DRM6000
09-06-2007, 1:37 PM
what a waste of somebody's time writing a reading that article. a career criminal meets his demise. that is deserving of a long article?

the thing that redeems the article though, is that it shows us all how inadequate the prosecution system is in san francisco. business must be good for crooks.

easy
09-06-2007, 4:56 PM
Notice how the 'BG' was "slain"?

odesskiy
09-06-2007, 5:10 PM
What pisses me off is the reluctance of a victim to testify against Broussard because they felt sorry for him.

tyrist
09-06-2007, 6:30 PM
This story is probably repeated every day. Los Angeles is as big an offender as San Francisco there are people on probation for what is effectively a life sentence and judges just give them more probation.

RRangel
09-06-2007, 6:36 PM
Something tells me the people running the place will just proclaim that this is the reason we need to ban guns. "Guns are killing our constituents!'

Hoop
09-06-2007, 9:26 PM
What pisses me off is the reluctance of a victim to testify against Broussard because they felt sorry for him.

Which means Broussard was probably pretty damned pathetic.

Oh, don't steal stereos from cars in Hunter's Point, bad idea. Good way to get your *** removed from the gene pool.

gazzavc
09-06-2007, 9:38 PM
Typical, a habitual life criminal gets put back on the street to create mayhem again and again, but put a pistol grip on your AR-15 and they'll sling the f*&^ing book at you !!

There is something seriously wrong with our system.

Gary

milsurpshooter
09-06-2007, 10:47 PM
well a least he wont be costing us taxpayers 30,000 a year to keep his scumy a.s.s locked up hats off to the "debt releaver" and everything he has comming to him as well