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I predict time served and probation in the criminal trial. I can’t decide on acquittal or guilty of a lesser charge.
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Tell Rowdy he can reach Ruby at 1-800-PORN-CAT. Just ask for Ruby!
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He has served 2 years + already. A felony is usually a crime whose punishment is AT LEAST one year. So that time served could be to a felony conviction.
If it goes to trial with the charges AS IS the exact charges will have to be substantiated by verdict. If they plead, they can plea down to anything.
Theoretically, going to trial and getting a not guilty verdict serves him better than a plea bargain.
Sadly, for the person who was shot, no verdict restores to a pre-injury state of health.
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I can imagine Mr Shellhorn is not looking forward to this trial.
Yes, no one involved will be restored to pre-event physical or mental health.
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Well that makes zero sense.
MB may very well be acquitted and he may very well be convicted. But time served and/or probation are sentences. If he’s acquitted he’s free. But if convicted he’s not being sentenced to time served or probation. If convicted on both counts of 1st degree attempted murder he’s most likely gonna get 20+ years.
Now try not to twist what I said. He may be acquitted and go free. But if convicted he’s gonna do a lot of time. There’s no way a jury finds a person guilty of such serious crimes and the judge sentences him to time served in a case like this. There are sentencing guidelines in NJ as well as most states.
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Why would he not have great confidence in his case?
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Sorry, I’ve lost track. Who is that?
The NJ prosecutor
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QFP.
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Ah. Thanks.
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If he pleads to a lesser offence he may be sentenced to time served. There is more than just guilty as sin and aquittal. The jury may not find him guilty of attempted murder, but reckless endangerment or something.*
There’s lots of wiggle room. Until the jury instructions or the plea terms are out we can’t know. Hence the speculation…
- It should be noted that I do not have any knowledge of what is going on in this case, nor any knowledge of NJ law. I’mnot sayin’ I’m just sayin’
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I don’t think the prosecution can adequately prove intent for their charges. So, unless they change the charge to something that doesn’t require intent, I think acquittal for those. I don’t see how he gets around the gun charges unless he was removing it from the house and was jumped or some other version of events where the gun belongs to LK/RG.
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He can’t be found guilty of murder.
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I did change my post, thank you.
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Yes, I still believe a self defense angle will be presented which would leave the gun situation to deal with. I don’t buy one word of the story that has been presented that he arrived gun drawn and began shooting. I don’t believe for a second LK was shot and had the strength to attack him with such fury as to break her phone. I can see at least one juror having similar reservations.
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The problem is just walking around with it in his pocket is an illegal act. The only way I can think of that he gets off on that is if he was retrieving it from the house because its owner (assuming it was really RC’s) was too scared to go get it. Which is entirely a plausible idea.
If the gun is not RC’s, then there is a whole lot of other questions which we haven’t even begun to ask.
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Ah… the gun. So many possibilities. Even if he was the one in possession there are numerous storylines. And if he wasn’t the one in possession that too is equally compelling.
The only thing we know for certain is that the gun didnt just fall from the sky.
If they plea down, the gun charge might disappear IF NJ law allows such a thing.
So many questions! If he’s never been in trouble with the law before how will that help?
If he’s found guilty of attempted murder (which I’m thinking not) his behind will be owned by NJ for several years. And will the sentences run consecutively or concurrently?
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There is no wiggle room under NJ law to reduce the charges to less than 2nd degree due to NERA and Graves Act. Committing a crime involving a firearm resulting in serious injury results in mandatory enhanced punishment in NJ. By directive of the Attorney General, the prosecutor nor the court have authority to reduce the charges to less than 2nd degree, and have no authority to plea bargain less than the mandatory sentencing guidelines. If MB enters into a plea agreement, he has to plead guilty or the court cannot accept the plea. MB had an unlawful firearm in his possession, the serious injury to LK would not have happened without him bringing the gun. MB will be lucky to get a plea of 10 years, will have to serve at least 85% of his sentence before being eligible for parole.
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