Will he serve a jail sentance for this?

[faucet]

What is the name of your state (only U.S. law)? California

My roommate was out late last night and was drinking. Apparently while out, a couple claims he was looking in their windows, and swang at him with their baseball bat. He came home, slept it off. The next day (this morning) he woke up and went to confront the people who were swinging at him, in which they then proceeded to swing their bat at him some more. He came home (we live about 1/2 block away) and he proceeded back to the neighbors house yelling at them swinging his bat at their windows and broke around 6 or 7 of them. They were the little windows that are about 6inches by 6 inches big.

Anyway the police were called and he was taken. I think he is incredibly stupid for doing what he did, but I also think the neighbors were high and mistaken him for someone he is not. The family is known to use a lot of meth, and meth causes paranoia. My dumb roommate should have just left it at that, or called the police, but he has a bad temper.

Anyway, end of the story is - he came back today yelling and screaming and broke out their windows. The police couldn't tell me anything besides he will be seen by the judge on Wednesday.

I am wondering - what kind of charges could he face for this?

He is 23 years old, from California. Only prior record was a drunk in public. He did have and use a bat - not on any person, but on the property. He had a pocket knife on him that he always carries around (its of a legal make and size and told officers he had it immediately).

Any kind of info on this would be wonderful. I have no idea what's going to happen, and I haven't gotten a phone call from him yet, it's been about 45 minutes since he was picked up.

 

[quincy]

What is the name of your state (only U.S. law)? California

My roommate was out late last night and was drinking. Apparently while out, a couple claims he was looking in their windows, and swang at him with their baseball bat. He came home, slept it off. The next day (this morning) he woke up and went to confront the people who were swinging at him, in which they then proceeded to swing their bat at him some more. He came home (we live about 1/2 block away) and he proceeded back to the neighbors house yelling at them swinging his bat at their windows and broke around 6 or 7 of them. They were the little windows that are about 6inches by 6 inches big.

Anyway the police were called and he was taken. I think he is incredibly stupid for doing what he did, but I also think the neighbors were high and mistaken him for someone he is not. The family is known to use a lot of meth, and meth causes paranoia. My dumb roommate should have just left it at that, or called the police, but he has a bad temper.

Anyway, end of the story is - he came back today yelling and screaming and broke out their windows. The police couldn't tell me anything besides he will be seen by the judge on Wednesday.

I am wondering - what kind of charges could he face for this?

He is 23 years old, from California. Only prior record was a drunk in public. He did have and use a bat - not on any person, but on the property. He had a pocket knife on him that he always carries around (its of a legal make and size and told officers he had it immediately).

Any kind of info on this would be wonderful. I have no idea what's going to happen, and I haven't gotten a phone call from him yet, it's been about 45 minutes since he was picked up.

Why don't you wait a little bit longer than 45 minutes and ask your roommate what he has been charged with?

You are probably not doing him any favors by creating this thread about him, by the way. It does not take too much to connect postings with a real person who has been arrested for a crime, and you have just convicted him of this crime in your post. It would not be the first time that what is posted online has been used against a defendant in a criminal trial or a party in a civil action.

 

[OHRoadwarrior]

It appears he completed multiple fouls against opposing batters, then struck out completely himself. He will likely not be out until spring training, but playing second string the rest of his life.

 

[swalsh411]

What is the name of your state (only U.S. law)but I also think the neighbors were high and mistaken him for someone he is not.

This makes no sense. He was obviously there if he was swung at.

He's lucky he wasn't shot. If somebody came looking through my windows in the middle of the night they would be leaving in a body bag.

 

[Proserpina]

What is the name of your state (only U.S. law)? California

My roommate was out late last night and was drinking. Apparently while out, a couple claims he was looking in their windows, and swang at him with their baseball bat. He came home, slept it off. The next day (this morning) he woke up and went to confront the people who were swinging at him, in which they then proceeded to swing their bat at him some more. He came home (we live about 1/2 block away) and he proceeded back to the neighbors house yelling at them swinging his bat at their windows and broke around 6 or 7 of them. They were the little windows that are about 6inches by 6 inches big.

Anyway the police were called and he was taken. I think he is incredibly stupid for doing what he did, but I also think the neighbors were high and mistaken him for someone he is not. The family is known to use a lot of meth, and meth causes paranoia. My dumb roommate should have just left it at that, or called the police, but he has a bad temper.

Anyway, end of the story is - he came back today yelling and screaming and broke out their windows. The police couldn't tell me anything besides he will be seen by the judge on Wednesday.

I am wondering - what kind of charges could he face for this?

He is 23 years old, from California. Only prior record was a drunk in public. He did have and use a bat - not on any person, but on the property. He had a pocket knife on him that he always carries around (its of a legal make and size and told officers he had it immediately).

Any kind of info on this would be wonderful. I have no idea what's going to happen, and I haven't gotten a phone call from him yet, it's been about 45 minutes since he was picked up.

I just have to Q4P.

 

[calatty]

There are close to 40 million people in California, and over a million arrests each year. How in the world could this post harm the man? Even if the police cared enough about this trivial vandalism case, do you really believe that out of the couple hundred people who will ever read this post, one of them is familiar with this high profile case, alerts the police, who then take time out of their busy schedule pursuing serial murderers and rapists to subpoena the records from FreeAdvice to determine who posted the information about the vandalism suspect, all for the purpose of --- of what? This post would be inadmissible hearsay at best. There is caution and then there is unwarranted paranoia.

 

[quincy]

There are close to 40 million people in California, and over a million arrests each year. How in the world could this post harm the man? Even if the police cared enough about this trivial vandalism case, do you really believe that out of the couple hundred people who will ever read this post, one of them is familiar with this high profile case, alerts the police, who then take time out of their busy schedule pursuing serial murderers and rapists to subpoena the records from FreeAdvice to determine who posted the information about the vandalism suspect, all for the purpose of --- of what? This post would be inadmissible hearsay at best. There is caution and then there is unwarranted paranoia.

calatty, you wrote earlier in a thread that idiots will be the death of this forum. So. . . . is this post of yours designed to hasten the death?

Stranger things have happened than posts on this forum being used as supportive evidence. No one should admit to a crime online (no matter how minor the crime) - and they probably should not "help" their roommates by detailing the roommate's crime online.

Posts in the Copyright section of the forum have been used against posters who have admitted online to infringing a copyrighted work, and a post in the Legal Ethics section of the forum was used against the thread-starter who stupidly named and defamed an attorney in his post, and I understand that posts in the Family Law section of the forum have been used against forum posters embroiled in custody battles.

So, regardless of how unlikely the use of posts to this forum may be in any legal action, the advice I offered is still wise and stands.

 

[cbg]

And it isn't only on this forum. I respond on several others; on one other board I remember a poster coming back and admitting that he'd been convicted of theft when the thread in which he admitted it was introduced into evidence by the prosecution; on another a poster came back to tell us that he'd been fired because of what he said on a message board about his employer.

It can happen. It does happen. It will happen again. Are you prepared to give the poster a written guarantee that it cannot possibly happen here?

 

[OHRoadwarrior]

How many of those 40 million people are swinging baseball bats at each other?

 

[CdwJava]

Breaking 6 or 7 residential windows is likely to exceed the $400 felony threshold for vandalism. He is likely going to face felony charges for the vandalism but may be given the opportunity to plead to a misdemeanor provided he makes timely restitution.

He was probably booked fro PC 594(b)(1) (the felony vandalism). But, depending on the circumstances, he might have been booked on other charges, too. Perhaps brandishing a weapon, assault with a deadly weapon, or even criminal threats (2 of these 3 are felonies).

When he is able to call you, you might know what his charges were. Or, you can call the jail and find out what his charges are and what the bail amount is.

 

[CdwJava]

There are close to 40 million people in California, and over a million arrests each year. How in the world could this post harm the man?

I agree that it is highly unlikely that the post will harm anyone. The odds of anyone from THAT agency happening to view THIS forum and recognizing THIS post as involving HIS case is remote, indeed.

Even if the police cared enough about this trivial vandalism case

I wouldn't call felony vandalism (with the possibility of additional serious offenses) "trivial," and I doubt the police involved will consider as such, either. Especially since they arrested the guy.

 

[cbg]

Is it likely? No.

Is it possible? Damn straight.

 

[ecmst12]

I would suggest OP find some more responsible people to share an apartment with. And less violent. The next person he goes after with that bat could be you.

 

[Indiana Filer]

The post could be read by someone relevant to the case. A couple years ago there was a thread posted by a juvenile about a crime in my county, admitting in the thread to the offense. It gave me some good information to use in performing the Preliminary Inquiry.

 

[calatty]

No matter what, it is inadmissible hearsay. She doesn't even say that she witnessed him smash out the windows - under what evidentiary rule is a statement by a non eyewitness X to an anonymous audience that Y did something to Z admissible against Y in court? And is this a who done it case? It appears a number of people, including Z and his wife, saw him do it. So why would the police invest resources in chasing inadmissible hearsay that is of no evidentiary value in court? I'm not going to participate in turning a question about police resources and investigation and rules of evidence into a battle of egos. Readers can choose to agree with whichever opinions they want to follow, but anyone charged with a crime should of course follow the advice of his or her attorney.