The big court day

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7/4/2018 11:56 AM

It’s almost been a year since the July 21st hit and run accident but The court day against the guy is July 11th.

I was there when they called him back to court about 3 months ago and they revoked his bail. In the last 2 years he has averaged being arrested and charged an average of every 3 months so he has been in jail. Prior to that He had denied a plead deal on all the 8 charges he is currently facing. Mine is just 1 of the charges and the great bodily damage charge he could have received maximum 10 year sentence on just that and the plead deal he was offered was 5 years on that charge.

That day the prosecutor told me he can sit in jail till he either goes to court on all 8 charges or takes the plead deal he was offered.

In a last chance effort his PD tried to put him into a 2 year drug rehab program. When we weceived the letter it sounded good for him to do the right thing ... till you went and read what it did. In the letter I had the choice of approving it by not responding or writing a letter why I would be against it. Research on the program found The first thing it would would do is let him walk out the door putting him back on the streets. He would have 2 years of weekly tests to show weather or not he was on drugs. Weather or not he was clean at 2 years ALL charges would be expunged. My wife and I wrote the letter and a couple days later we received a letter it had been denied.

He has agreed to take the plead deal.

It is disappointing to find out that all the sentence time from all the 8 different charges are not added together they are all started on the same day. 5 years is the maximum time he will have to face.

My charge and 1 other are 2 strikes on the 3 strikes law.

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7/4/2018 12:17 PM

Wow that blows. Justice system is fucked. He gets to walk away because he's a druggie.

Makes no sense at all.

Well hopefully he fails a drug test sooner rather than letter.

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"Sorry Goose, but it's time to buzz the tower."

7/4/2018 12:43 PM
Edited Date/Time: 7/4/2018 12:43 PM

-MAVERICK- wrote:

Wow that blows. Justice system is fucked. He gets to walk away because he's a druggie.

Makes no sense at all.

Well hopefully he fails a drug test sooner rather than letter.

Our letter got him denied for the drug rehab program. In the past he was busted with pot but he is a known to have a alcohol problem not drugs. I feel confident it was just his PD lawyers trick to get him out.

I lost a week and a half of memory but vividly remember taking the pictures from the hood of his mothers car. There are 6 witnesses and a video somewhere and I hope they tell me how it all happened and get to see the video. I do not know where I was thrown off the car but I was told it was a turn into a neighborhood with only 1 entrance and he almost hit me speeding back out.

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7/4/2018 5:55 PM
Edited Date/Time: 7/4/2018 5:57 PM

A lot of times they offer those deals because they know that the guy won’t be able to complete the program. And then they’ll throw him in jail.

Did the same thing for people that ripped off my bike and traded it. And crashed it. And hurt other people etc...as long as you don’t blatantly stab someone in cold murder you can be a jackass for years on years on years. And then get an easy day in court.

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GP740
Since 1987

7/5/2018 7:48 AM

Still in shock when I see that pic from the hood. I hope that guy gets put in a dark hole Lumpy.

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And there goes Jeffro. One of God's own prototypes. A super high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die.

Pimpin' Ho's , Rollin' fatty's......drinkin' beers , beers , beers!! ~ Ja

7/5/2018 8:02 AM

The guy doesn't even look phased by the fact that he hit you or the fact that he is driving around with you on his hood. Just out for a Sunday drive talking on the cell phone. I would say he deserves a bullet between the eyes but that wouldn't go over too well here.

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7/5/2018 9:54 AM

Thanks guys!

That was picture #2 of 130 that I took and IMO he was talking on the phone and that is why he ran into me while I was sitting at a stop light.

The 8 different charges are just in York county SC. We found He has another hit and run and injury charges up in Charlotte NC and .... 8 more charges. I hope that NC gets him while he in jail.

The day they revoked his bail that evening we pulled up the Mecklenburg county NC county records to look at something and discovered that he was arrested and posted bail 2 days before to get out to make the bail hearing.

At the bail hearing his public attorney painted this pretty picture on how he was working full time as a plumber and supporting his wife and child. BTW charge #1 was2 years ago assault on his girlfriend and baby. The prosecutor stated He was yelling at her about watching to much TV and he threw a full water bottle (I suspect beer bottle) at her and she ducked and it put a hole in the wall and bounced back and hit the baby. The PD said she now his wife wanted to drop the charges but it is not her prosecuting it is the county.

The judge asked the PD why if he is working full time why he has a PD.

The guy has lost his license more than once from alcohol and is a known criminal.

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7/5/2018 12:57 PM

If he gets out I'd go provoke the dumass into a fight and shoot him like thru a femur artery ,then pull out the phone and talk to a bud telling him how much fun this weekend's race will be knowing this guy is out of the human race.

be doing the kid and wife and humanity a favor.

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7/5/2018 1:18 PM
Edited Date/Time: 7/5/2018 1:20 PM

shitty. gotta love the justice system.

my buddy got stabbed with a steak knife walking into a bar a little over a year ago. almost killed him. the guy that stabbed him was on the streets the next week and was free up until court 9 months after the stabbing. at court, they charged him with assault with a deadly weapon. if i remember correctly it was like 2 years probation, no jail time. i heard he got into another altercation recently with another knifing and will go to jail for a little bit. pieces of shit like him continue to get let out of jail and repeat the offenses with barely more than a slap on the wrist.

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7/5/2018 1:52 PM

I had missed some of the details last fall about the incident. Holy cow, what a terrible experience. It's hard to believe that you had to do any of the work to get charges brought, etc. They should have been automatic because of the violence involved.

I don't know how the criminal law system works outside of watching TV shows and my U of Google law degree, but damn it seems like there should be some sort of attempted murder charge that could be brought since it's really impossible to deny that he saw you on his hood, and made a conscious decision to put you further in danger. The initial accident MAY have been an act of negligence, but what he chose to do after you were on the hood was willful and life threatening. I'm sure that there's some sort of legal technicality that negates this idea, though, but if it were me or my family I'd be screaming attempted murder from the rooftops!

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7/5/2018 7:05 PM

newmann wrote:

The guy doesn't even look phased by the fact that he hit you or the fact that he is driving around with you on his hood. Just out for a Sunday drive talking on the cell phone. I would say he deserves a bullet between the eyes but that wouldn't go over too well here.

He’s got that look like a bird just took a massive shit on his window. Definitely not like he’s trying to murder someone with his moms vehicle.

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7/5/2018 7:09 PM

peelout wrote:

shitty. gotta love the justice system.

my buddy got stabbed with a steak knife walking into a bar a little over a year ago. almost killed him. the guy that stabbed him was on the streets the next week and was free up until court 9 months after the stabbing. at court, they charged him with assault with a deadly weapon. if i remember correctly it was like 2 years probation, no jail time. i heard he got into another altercation recently with another knifing and will go to jail for a little bit. pieces of shit like him continue to get let out of jail and repeat the offenses with barely more than a slap on the wrist.

Pretty shitty the way it works. These guys show all the signs of a murderer in the making and they’re given a slap on the wrist and told to go do something worse to get 3 hots and a cot. Stupid people make stupid decisions. Incapable of making a good decision and it’s a matter of time before they’re talking to bubba on the inside.

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7/5/2018 7:23 PM

We need to set up a Paypal account to buy Lumpy a handgun and a concealed carry permit to carry instead of a cell phone.

Feel good story FORM TEXAS!
https://www.wfaa.com/article/news/crime/dallas-mother-shoots-man-in-head-after-he-attempts-to-steal-her-car-with-toddlers-inside/287-570867639

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7/6/2018 7:22 AM

No need for donations but loosing over 1/3 of 2017’s work time and income did hurt plus my wife had to stop working for a couple months too. I just found out we lived on a credit card. When I started working again due to low energy and concentration I could not physically work more than 4 hours. I will never have the working speed & hustle I had in the past and it is still greatly affecting my work output. To the extent that as a 1 man business Moto Hose may need to be sold.

One thing that bothers me is with the way multiple convictions at one time in no way discourages the convict to not do so many. It does not change the time spent in jail.

It is surprising how little the SC laws could do in this case.

Months of therapy helped me re-learn how to walk, balance, talk in sentences and read.

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7/6/2018 9:28 PM

lumpy790 wrote:

No need for donations but loosing over 1/3 of 2017’s work time and income did hurt plus my wife had to stop working for a couple months too. I just found out we lived on a credit card. When I started working again due to low energy and concentration I could not physically work more than 4 hours. I will never have the working speed & hustle I had in the past and it is still greatly affecting my work output. To the extent that as a 1 man business Moto Hose may need to be sold.

One thing that bothers me is with the way multiple convictions at one time in no way discourages the convict to not do so many. It does not change the time spent in jail.

It is surprising how little the SC laws could do in this case.

Months of therapy helped me re-learn how to walk, balance, talk in sentences and read.

This is completely shitty to hear. I not only hope he spends a bunch of time in jail , but some how pays you some sort of restitution for the rest of your life. Gawd damn Lumpy....I'm really sorry to hear about all this. I really hope that son of a bitch gets what's coming to him. Stay strong man!

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And there goes Jeffro. One of God's own prototypes. A super high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die.

Pimpin' Ho's , Rollin' fatty's......drinkin' beers , beers , beers!! ~ Ja

7/6/2018 9:38 PM

Lumpy, sorry to hear this. Just a thought, but being suspended etc, was he driving a vehicle owned by someone else? Often a parent or similar will register a car to themselves for their little angel to drive undetected. A lawyer would know but it seems that could make them liable for the actions of the person driving...

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7/7/2018 5:46 AM

Another court system failed, but thats what the bleeding hearts want. Chance after chance. No jail time, just. Slap on the wrist.

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7/7/2018 10:07 AM

omalley wrote:

Lumpy, sorry to hear this. Just a thought, but being suspended etc, was he driving a vehicle owned by someone else? Often a parent or similar will register a car to themselves for their little angel to drive undetected. A lawyer would know but it seems that could make them liable for the actions of the person driving...

I was still in ICU when my wife got a attorney working on it. I thought she was nuts when she started paying $5 a month for access to lawyers through her work. Glad she had done that!

Car was his mothers car. All I could tell them in ICU was picture picture. Until they accessed my phone and got the pictures they did not know who was driving the car. She was divorced and owned nothing as was he so we could pay all the fees to go after them but there was nothing. We signed off to not personally sue them in exchange for the car insurance max of $25k/$25k settlement and that was not enough to cover the life flight.

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7/7/2018 1:29 PM

Oh my god. You need to call Tim misny. Maybe sue the damn state for letting this Yoo-hoo loose for so long after recurring incidents. He’s definitely a season veteran for criminal. Typical. Water bottle. Bounces and hits a child yea ok.

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GP740
Since 1987

7/7/2018 1:30 PM

Had no idea you were on the hood taking pictures. Wtf.

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GP740
Since 1987

7/11/2018 3:34 AM

is there a thread with the full story? hope you're okay lumpy

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7/12/2018 12:13 PM
Edited Date/Time: 7/12/2018 12:18 PM

fullfloater wrote:

is there a thread with the full story? hope you're okay lumpy

I am not a writer but here goes....... I have only told a little of it purposely and with attorneys advise have not posted more till after it went to court. Don’t give evidence away to the defense . The accident was posted here on Vital last July 24th on the main page.

https://www.vitalmx.com/forums/Moto-Related,20/Thoughts-or-prayers-for-Lumpy-please,1323403?exclusive_forum_user=false&page=1

I have only witnessed a trial one time before when I was 11 and my brother had died street drag racing and his girlfriend that was driving (she shifted better) was charged and prosecuted with man slaughter.

We were asked if either my wife or I would care to speak prior to sentencing. I no longer possess the confidence to speak in something like this so my wife did it again like she had at the bail revoking hearing. She has experience leading business meetings at work and in the pet rescue that she is president of. My wife and I discussed everything that needed to be said and she went up with 3 pages of notes.

We were the 2nd case so we got to see how things went during the 1st one and I was glad to see it. The Judge was amazing. In opening the Judge referred multiple times on how by the defendant taking the plead deal that he was agreeing to bypass 2 constitutional rights and they also had to testify in several different ways and times that they understood and agreed to it.

In our case he came in wearing a orange York County SC inmate jumpsuit (sorry KTM) and remained in cuffs standing next to his PD in front of the Judge. The Judge did the same speech about the constitution rights and that he was agreeing not to use them. The Judge also made him agree to anything that could possibly take place in sentencing. He argued with his PD for roughly 5 minutes in front of the Judge and his (now) girlfriend not wife walked up like she could talk to him and she was not allowed by the officers but she still told him from 10 Feet away just agree to it. He finally did.

HMMMM yesterday when testifying the same PD stated he was single not married like He was 119 days ago when she painted a picture of how great he was before his bail was revoked.

The prosecutor started with the different charges. 1 he and his accomplice who had already pleaded guilty had made 25 fraudulent charges on a woman’s charge card. Him and his accomplice agreed to refund her all of the $ if she did not press charges. They never paid her a cent.

In another charge it was stated that a woman answered her phone while checking out at a grocery store and forgot to pick up her wallet. He made several different charges on video in about 3 hours then his mother called to woman and said her son had found her wallet and was going to return it.

Another was a fraudulent charge on someone else’s CC for over $10k at Lowes. The deal was 5 years

The last was about the accident. He was charged with hit and run and great bodily harm. The prosecutor stated he ran into the back of a vehicle at a red light and hit and run causing great bodily harm. She stated that the car was found by the police parked behind the house it was registered to. The plead deal was 5 years.

My wife was told before hand by a friend that the chances of her speaking would probably not affect the sentencing. We wanted him to hear from us what bad decisions had caused.

We were the only ones present and my wife was the last to go up. She spoke for 4-5 minutes and while speaking my wife was calm and had constant eye to eye contact with the Judge and a couple times after the guy freaked out while she was speaking and she stared Eye to eye with him. She told how for over a week that I did not know who she was. She had brought pictures of my family to the hospital and I did not know who any of them were. And yes I was crying hearing this.

She talked about how many times he had made bad choices with many people and how each person had been affected. She stated after a small fender bender that he made several bad choices. One by hit and run. One for not stopping after I was laying on the hood of his car. One for swerving back and forth and making 2 turns to throw me off the vehicle. For driving back past people aiding me in the street not knowing weather I was alive or dead while exiting the one way out neighborhood he turned into to get away from the scene. She stated how this has affected us and how my 1 man business had lost over 1/3 of the year and is struggling to keep going now and in the future. She pointed out that he had tried getting into the drug rehab program last minute before agreeing to take the plead deal on 7 of the 8 charges.

She finished off with no amount of time will ever repay for what he had caused but requested he serve active time.

The Judge was listening.

The Judge then asked him for his response. He was mad and claimed that the police were wrong and the car was not hidden behind the house. He then claimed that I had dove onto the front of his car and that he drove slowly. One of my 130 pictures of him shows us crossing over the double line passing 2 lanes of stopped traffic into oncoming traffic. It was not brought because he had plead guilty but there are 6 witnesses and 1 video from a couple that was behind him at the light and witnessed the accident and then shot a video with me on the hood. I still have not seen the video or met any of the witnesses.

The Judge was listening and taking notes.

After sentencing the guy asked the Judge if he could get out for 1 week to help his girlfriend and kid move. I suspect if he had been allowed out I would be dead by now.

My wife posted the outcome on facebook.
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7/12/2018 12:35 PM

I hope this can bring some closure for you and your family, you guys have been through so much. Please take care.

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7/13/2018 11:56 PM
Edited Date/Time: 7/14/2018 12:00 AM

Great job. You're like 007 snagging those photos. LOL. You need to see that video of you hanging onto the hood with one hand and snagging photos with the other. That's some starsky and hutch shit.

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