murdering while on a weekend pass

[saraveza408]

What is the name of your state? California

Hi!This is only my 2nd time posting in this forum so please forgive me if I say something Im not supposed to.
A few weekends ago a horrible thing happened.My nephew was stabbed and killed outside of our home during his son's 15th birthday party by a gang member.((((messed up thing about it is my nephew is NOT even a gang member & his son & 3 daughters(ages 6,8,& 11)along with about 20 + other kids under the age of 15 saw him get stabbed 3 times in the heart))))Well the circumstances of this tradgety are **************..well....i dont know how to say it so here is a copy of the newspaper artical......
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SAN JOSE
Teen on juvenile center furlough held in slaying
16-year-old was given weekend pass for good behavior
- John Coté, Chronicle Staff Writer
Friday, June 2, 2006
San Jose police have arrested a 16-year-old boy suspected of fatally stabbing a Fresno man while the teen was out on a weekend pass from a juvenile detention facility, authorities said Thursday.
Police did not release the name of the juvenile, who was arrested Tuesday and booked into juvenile hall on suspicion of murder.
The teen was on a weekend furlough from the James Boys Ranch in Morgan Hill on Saturday night when he and another suspect allegedly confronted two men outside a party in the 1200 block of Santee Drive in San Jose, police said.
The 16-year-old stabbed both men after an argument turned into a physical fight, police said.
One victim, identified by police as Jimmy Joseph ******ez, 34, of Fresno, died at the scene. Rocky Robert Diaz, 31, of San Jose, suffered minor injuries.
The second suspect -- whom police described as a Latino male, 16 to 20 years old, about 5-feet 8-inches tall with dark hair and a chubby build -- is still at large.
Police said they had not established a motive for the attack.
The 16-year-old had been sent in February to the James Boys Ranch, a minimum-security facility run by the Santa Clara County Probation Department, said Delores Nnam, a department spokeswoman. She declined to say what the teen's original offense was, citing confidentiality laws.
The teen earned a weekend pass after progressing to the rehabilitation facility's top classification tier based on tenure and compliance with program rules, Nnam said.
"He was doing well in the program, which was why he was allowed to go home," she said.
Over the last 10 years, Nnam said, she was unaware of any other teen arrested for a new crime while on a weekend pass.
"It's happened," she said, "but it happens very rarely."
San Jose police Officer Gina Tepoorten countered: "I know we've arrested suspects that have been out of the boys ranch on passes. Maybe not a serious crime, but I know they've been arrested."
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but another thing I cannot fail to mention is that I got it all on video tape.Instinct told me to grab my video camera. I immediately turned it over to the cops.I hoped the video would for surely get these blankity blank blanks caught & justice would be served.However due to the fact we were having a birthday party when the fight broke out about 20 + grown adults & 20+ kids piled out of our house to help Jimmy out.Well the cops say that because there was so many of us & just 2 of them that the killer was scared & defended himself.....thus self defense.No,by the time we came out of the house Jimmy had already been stabbed.And if it was self defense why did these gang bangers stand there throwing up gang signs while my nephew lie dying in the street?
so due to the fact that this kid was on a weekend pass from a juvinal detention center,doesnt the state of calif. have gaurdianship?Wouldnt that make the state responsible?Basically could the state or city be sued?I hate to say this but Im pretty sure someone can be sued for this.And exspecially because election time is near & arnold schwarzenegger doesnt seem to be doing to well here in California in peoples opinions.
So anyone if you have any opinions or suggestions about my situation id greatly appreciate it.My whole family will.Please & thank you !

 

[CdwJava]

so due to the fact that this kid was on a weekend pass from a juvinal detention center,doesnt the state of calif. have gaurdianship? Wouldnt that make the state responsible? Basically could the state or city be sued?

Possibly ... but, in the past, government has not generally been held accountable for such things unless this result could have reasonably be expected. So, unless he told a counselor that he was going to go out and pick some fights, I doubt the state will be liable.

If the state were to be held liable for everyone it let out early, then we would see an end to parole and probation.

Certainly consult with an attorney about a suit against the state, but I suspect it's going to b e a shot in the dark.

As for the crime - and in reference to your subsequent post about murder vs. manslaughter - that will depend on the motive for the attack. If it is seen as some manner of self defense, it will likely be charged as manslaughter. If it was an unprovoked assault, it will likely be second degree murder. Unless the kid planned to come kill your nephew, it would not be first degree murder.

And, I have to add, that while this was tragic and should never have happened, it was not a random act of violence. These kids came to the home and started trouble with someone for a reason. If these suspects were gang members, and your nephew was not involved in gangs, then someone at the home was almost certainly the target of the boys' ire.

Tragically, I have seen weddings, quinceanera's, kids' birthday parties, and family reunions upset by a senseless gang killing.

Whether the prosecution can make a good case or not will depend on how much cooperation he receives from witnesses to the attack. If they get a dozen people to shut down or start to say, "We'll take care of it ourselves," it is going to be tougher to make a case for a number of reasons.

Sorry for your family's loss.

- Carl

 

[rmet4nzkx]

Carl gave a very good summation of the options for this case based upon what facts were provided. THe fact that a person was killed does not in and of it's self guarentee a 1st or 2nd degree case, it can be manslaughter if the circumstances warrant and since the police made reference to self defense, it is very possible that the huge crowd that spillled out of the house could have changed a murder case into a manslaughter case. Why was the man outside? That will be a factor. Was the whole incident caught on tape or just the end? THese days kids don't have to knaow anyone, they just have to be teenagers who know other teenagers, word of mouth proclamation re a party and outsiders will show up, uninvited. I know of a CA case when a sweet 16 party was being held at the home of a retired cop, there was a scorned boyfriend from a neighborning town who came with intent to get the new BF, everyone knew there could be trouble, including the police who were sitting outside waiting for underage drinkers to try to drive away. THings became heated and party goers started leaving, a random teenaged male was assulted, his older brother came to his aid and was stabbed in the heart, 1 time, he was not the intended victim. THe police put the out of town male who assulted/killed into the backseat of the cruiser but forgot to lock the door and the knife and the suspect, disappeared. THere were lawsuits against both the suspect and the city due to their negligence there wasn't enough evidence and so the lawsuits failed, it is very important that what evidence is perserved, so if they have the suspects DNA or fingerprints on the murder weapon, chances are better than if there is not the proof. SO while the boy has been charged with murder there may only be proof for manslaughter and the missing suspect may also be a factor.