Misdemeanor Battery?
A man arrested after allegedly stabbing his girlfriend several times with a screwdriver and setting his South Side apartment on fire during a domestic dispute was charged with misdemeanor battery.
The 43-year-old was charged with two misdemeanors -- violating an order of protection and domestic battery, police spokesman Kevin Kilmer said.
She's in serious condition with stab wounds and so is he from smoke inhalation from the arson. But misdemeanors? Did she invite him over or is Felony Review missing something in the law?
Labels: crime
posted by SCC at 12:01 AM
50 Comments:
Apperently there was no video of the incident, could not locate 15 independent witnesses and he refused to write a hand written statement, so no felony charges.
Yeah, but Cozzi deserves a felony for what he did? Gimme a break. This county blows!
He's not a cop, so why go for the felonies?
Not defending Abbate's dumbass, but just for comparison purposes, wasn't he charged with 15 felony counts for his drunken pussy-ass actions?
Let's see if as many people are outraged by this as were for the whole Abbate debacle.
Well, thank goodness she wasn't a bartender. I wonder what the charges would have been if she was, Hmmmm?
Jeez, if he only knew he'd was going to get charged with a misdemeanor I bet he woulda lit her on fire.
Maybe next time!
Only in Crook County.
he's obviously not a chicago cop
Felony charges were probably denied because there was no video of the incident.
If it was a off duty P.O. we all know what the charge wouldve been. But hey there is no double standard here.
Clearly the offender isn't with CPD. Chalk another one up for the Crook County SAO!
rb
Now if it was a cop that did the stabbing.....
maybe they are to busy like SCC first story, hiring outfit connected people! The sa office is full of idiots, the county jail has 900+ open beds, is alvarez hdo connected laying off the overpaid no brain sa?
JESUS,
don't get me started with felony review.
The only thing missing is he's not a cop so its only a misdemeanor.
Gotta keep those stats down!
---not a cop
If she dies maybe they'll upgrade it to misdemeanor murder, review review please.
Attempt Murder if he was the police. Remember, it's not your actions, intent, circumstances or injuries that determine charging. It's occupation, but that must have a caveat of clout.
is the NOW group going to go after the state's attorney who denied felony charges as vigorously as they did with judge fleming for handing probation to abatte....
Felony review is now and has for many years been a joke!
ONLY POLICE OFFICERS GET CHARGED W/ AGG BAT.
AND IT DOESNT TAKE MUCH EITHER
BE AFRAID BE VERY AFRAID!
AND THE FEDS WILL JUMP INTO TOO.
J-FED IS _______ (FILL IN THE BLANK)
No matter what the headline reads the victim only suffered superfical abrasions. It looked real good the first night but the victim had no real injuries.
Anita Alverez's Felony Review Unit is the single biggest problem in law enforcement in Cook County. She didn't start it, but she sure as hell could stop it! Prior to Felony Review the system worked just fine. Approval was needed only for homicides.
Wake up Anita! You were elected. It's YOUR office, not ratso Daley's. You really don't need his permission. Abolish Felony Refuse and you will gain the instant support of thousands of police officers who are sick to death of that fumbling anti public safty unit.
Maybe he made a statement saying " I love you...I love you...I love you... while he was stabbing the shit out of her. Felony review then determined since he was saying that, it wasn't intentional!
No matter what the headline reads the victim only suffered superfical abrasions. It looked real good the first night but the victim had no real injuries.
7/01/2009 08:22:00 AM
Shut ASA. You people suck and you know it.
Yet if any p/o gets into a bar fight and gives a guy a bloody nose it's agg batt.
Anonymous said...
No matter what the headline reads the victim only suffered superfical abrasions. It looked real good the first night but the victim had no real injuries.
7/01/2009 08:22:00 AM
GFY
The little bartender had no injuries at all!!!!!!!!!!!!!
As a former misdemeanor ASA, I too hate felony review. I had so many rape cases (with DNA) and gun shot and stabbings where the felony charges were dismissed. Then, the stupid misdemeanor judges would ask if it was a rejection...if it was, they found the defendant not guilty. The victim gets screwed twice. Reasons were always, "defendant did not give statement". Last I heard, he had a right to remain silent. What about all of the other evidence. Besides, why not charge the felony and if you offer a reduced charge to get the defendant to plead guilty, so be it!
Arson is a misdemeanor??!! wonder what the firemen think about that?
FELONY REVIEW IS CORRUPTED AND HAS POLITICIZED THE PROCESS OF OBTAINING FELONY CHARGES. ALVAREZ FURTHER EXASSERBATES THIS PROBLEM WITH HER LIBERAL ANTICS. THE WHOLE JUDICIAL SYSTEM IN CROOK COUNTY IS CORRUPT, AND POLICE OFFICERS ARE BEING DEPRIVED OF THEIR CIVIL RIGHTS HERE. I AM URGING THE FEDS TO INVESTIGATE THE COOK COUNTY STATES ATTORNEYS OFFICE AS OF NOW. PLEASE COMMENT IF YOU AGREE. PERHAPS JOHN KASS CAN BRING THIS HYPOCRACY TO LIGHT.
don't feel bad. 25 years ago, i had a felony review S.A. refuse to give us a felony on a altered vin motercycle because the offender had never never been charged with a felony before.
it didnt happen in a public place of amusement so its obviously not upgradable like Abatte's incident.
I have had Felony Denial hem and haw until they found an excuse to deny charges. I always love the statement:
"Go misdemenor, we can always upgrade"
Yes, and we can always assume I am the King of World. However, it is much more likely any given charge will be reduced drastically than I will hailed as the King.
If you go into a prosecution starting low, you can expect that your street dog will walk out of court with next to nothing. Do they teach that in law school? shouldn't they?
The 'no prior felonies' is always a laugh. If thats the criteria what exactly do you have to do (other than be a PO) to get your first felony?
Oh, yes: if you point out with glee that our solid citizen accidently - probably in another county or state - has prior felonies, they will ask how many and what for...and its never enough.
Of course, if all else fails (as another poster said) we get something like "...no video of the incident, could not locate 15 independent witnesses and he refused to write a hand written statement...DENIED"
Our job is to determine if there is a violation of the law, if the elements of the offense are present, and on probable cause, arrest the offender. Period.
We appreciate the advice and assistance of the SA, but the job of the SA is to prosecute what we give them. This hoop jumping is a total reversal of the way it should be.
No, felony review in Cook Count sucks. They don;t like to do their job, nor do they know how to do their job properly.
She should have been serving drinks at the polish bartender's bar, refuse to serve her hubby a fe cocktails and let him beat her, missing a few strikes here and there. Then maybe he would have been charged with a felony.
Misdemeanor for a stabbing? Not attempted murder?
Excuse me, I'm gonna get a butcher knife out of the kitchen now...
"Oh honey, come here darlin..."
Don't worry boys and girls. Soon our public image will get better. When we start to answer our calls in baseball hats and shorts the public will think we are from the local Cub Scout Pack just trying to earn a merit badge. Who doesn't like a cute little scout? Where can I trade my CPD dickie for a yellow and gold neckerchief?
Is this the best our meritorious / clout leaders can come up with?
We are watching the implosion of the finest police department in the country and there's nothing that can be done to stop it.
Completely "legit" promotion system. Soon Lts to go the way of Capt. NO TEST at all! It's ironic all merit selections look like Sesame Street. Yes the cream can rise to the top. But, more often than not, shit also floats in the City portapotty.
Alderman want to layoff police & fire while they steal with both hands. We'll soon be on the hook for billions with the Olympics.
Officers are the focus of more and increqsingly violent attacks.
Constant RAPs in most Districts starting in the am and continuing all tour. Shortages at all levels in patrol, PO - Capt.
More blood in the streets of media portrayed innocents than Baghdad or Tehran.
Adversarial States Attorney's office and upper administration. COPS going to jail, getting indicted out of Illinois jurisdiction and paying punitive damages.
Ass kissing and vomit inducing Blog501.
Detention Aids to be let go while District Managers stay. Detention Aid gets beat unconscious in 025 and locked in cell as prisoner attempts to escape and fights with sworn lock up keepers in process.
Stop those cars with gangbangers, the camera has your back.
The list goes on and on. I'm sure you get the picture. Stay safe, we're all each other has. 3,4,5 July : Friday, Sat, Sun and warm. Let the good times roll.
Sincerely
Frustrated leather jacketed, wheel gun supervisor.
Will FOP step forward and start getting on camera sometime soon? What are able bodied police officers doing sittting around waiting for Daley to schedule another union meeting? Please, someone explain all this to me!
100K+ to drink coffee and eat sangwiches talking trash about how we're going to get tough real soon if Daley don't sit down with us!
did she sign a refusal to upgrade??
At least in Iowa they know how to get a felony conviction.
If the women wants to get felony charges on the offender she can ask to talk to the head state attoney at dometic court , I am a R/O and have work with her and she will help this victim to get felony charges on him.
Did she invite him over or is Felony Review missing something in the law?
---
I don't know anything about this case, but it wouldn't matter if SHE invited HIM over as the article makes it clear that it took place in his apartment. So going by the article she came to him. If you read the article it says "both" people hospitalized for smoke inhalation.
It also doesn't say that felony charges were ever sought, which does in fact happen (sometimes *gasp* the arresting officers don't call the detectives, and the cases are investigated later). Lots of angry responses here, but noone adds any facts.
And to the guy still bitching about an altered VIN from 25 years ago, seriously - if that's the single most outrageous encounter you have had with an attorney you are doing pretty well.
Ask any detective and he/she will tell you that on occasion after calling Felony Review he/she was sent a Public Defender.
maybe they changed felony review's number to the public defender's office. . . . seems like it sometimes
if the offender was a police officer, the ASA would have been drooling over this case.
it seems like the ASAs and AUSAs see us as a ticket to promotions, career advancement, and media spotlight.
BE SAFE.
Kevin Kilmer? He's runnin' it now?
Maybe the feds should look at felony review very soon!!!!! Help!!!!!!
Wait til demented terrorists blow a few Chicago landmarks up, which they'll easily be able to do because Daley spent all the security money on the Olympic bid and Burke and the rest of the aldermen have all the police guarding their homes, offices, lazy rear ends. The public will like the police then because only police and fire are stupid enough to wade into the aftermath of terror.
don't feel bad. 25 years ago, i had a felony review S.A. refuse to give us a felony on a altered vin motercycle because the offender had never never been charged with a felony before.
___________________________________Boy you must have had a stellar career in law enforcement. An altered VIN case rejected. What a great case. Now go fuck yourself
Stabbed with a screwdriver? For fucks sake! Every Asst SA I know would be happy to charge that as a deadly weapon and call it a day.
Maybe if the victim dies, they'll pump it up to agg assault.
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