Jul 7, 2017

A Felony Charge? Seriously?

     From the New Orleans Times-Picayune:
Federal authorities have charged a mentally ill man with felony destruction of government property after he allegedly threw a rock through a large window of the U.S. Social Security Administration office in Kenner, causing nearly $1,500 in damage four months ago.
Bobby Joseph Hammond, 38, was charged in a bill of information filed Monday (July 3) in New Orleans' federal court by acting U.S. Attorney Duane Evans' office. The felony is punishable by up to 10 years in federal prison, a fine of up to $250,000, or both.

15 comments:

Anonymous said...

I hope that SSA and the federal prosecutors are sensitive to actions which might be uncontrollable manifestations of a mental illness.

Anonymous said...

Prior to concentrating my practice to SSA Dib, I practiced criminal law in state and federal courts. If the man has competent representation, his attorney can file motions to have his mental capacity determined. Even if found fit to stand trial, it might go a long way toward mitigation.

Charles, as I read of some of the extreme sentences proposed, I can't help be suspicious that the SSA and US Dept. of Justice want to solve the mental illness problems by confinement in the prison system.

Anonymous said...

Do the crime, do the time. Disability is not an excuse for illegal behavior under any circumstance.

Anonymous said...

@10:12

Yes it is. Pleas of guilty but mentally ill are legally valid. Additionally, the concept of mens rea itself is at odds with your assertion that disability is not an excuse for illegal behavior under any circumstance.

Anonymous said...

If you too mentally ill to keep from destroying property, are you too mentally ill to be in a public setting?

Say the next time he has a mental episode, he badly hurts or kills someone. Everyone okay with that?

Anonymous said...

So what do we do 11:19, let him go unpunished?

Anonymous said...

Charged not convicted.

Prosecutors start high and work down as the case develops. If he has good evidence of mental illness and lacking capacity he may get nothing. If it is murky probably restitution and a misdemeanor.

SOP for the criminal justice system.

Anonymous said...

Well we know recently a 33yrold mentally ill man was sentenced to almost 9 years for assaulting a ssa guard kind if interested in this case because this crime is considered more severe and carry a longer sentence. .up to 20 years...very interested in the outcome!

Anonymous said...

The percentage of those in prison with mental illness is extremely high in the United States and is a direct result of our inability/refusal to treat the mentally ill. It is counterproductive. It would be much cheaper (and humane) to treat the mentally ill than to wait until they have a mental break which puts them into our penal system. Once in the system, they become repeat offenders because they do not have the ability or resources to live in the outside world.

Anonymous said...

@12:28

As I see it, incarceration and fines have three potential benefits: deterrence, rehabilitation, and removing a significant threat to public safety up until the individual is no longer a threat. The first two benefits are unlikely given the individual's mental illness. The third benefit is irrelevant as I see no indication that he is likely to be a significant threat to public safety for any duration. In regard to what should be done about it, prosecutorial discretion is reasonable. Do not charge a case if there is no purpose to it. He could be charged civilly, for the damages.

Anonymous said...

The man assaults another in Montana and gets elected To US Congress the next day. Really?

Anonymous said...

Thank-you 3:21.

Anonymous said...

i agree that his disability should be taken into account but generally it becomes a felony based on the property damage value. in my state, damage over $250 makes it a vandalism charge which is a felony. not saying he should get the max sentence - perhaps his sentence should be mental health treatment it is not SSA's fault he caused damage that meant the definition of a felony.....

Anonymous said...

Not to mention our President who encouraged acts of violence on the campaign trail and offered to "go their bail." I have no doubt he was ginning up both extremist haters and some mentally ill folks also. Perhaps, this country needs to re-explore the great moderate center and encourage some civility and rationality again. Could you picture General Eisenhower or John F. Kennedy inciting violence from their followers? That was when America was Great Again. Perhaps we need to take on the challenge of being a civilized society again which would include helping the poor and mentally disabled and not leaving them to die on our streets.

Anonymous said...

BRAVO, 8:09!