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#81
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I have to agree with ya George.
Patrick student SPL aircraft structural mech "George Patterson" wrote in message news:rJqte.15136$Nx1.12513@trndny05... What is likely to happen is that charges will be pressed in the case of the plane. The mother is unlikely to press charges in the case of the van. Considering the boy's age, if this is a first offense, he will probably be remanded for counseling until he's 18. If he gets into trouble again before that, he will probably wind up in juvenile detention, possibly with time to serve as an adult. If he stays out of trouble, his record will be sealed. Again, that's just what's likely in my opinion. That doesn't change the fact that he's now a felon and he did that all by himself. Nobody "made him one." George Patterson Why do men's hearts beat faster, knees get weak, throats become dry, and they think irrationally when a woman wears leather clothing? Because she smells like a new truck. |
#82
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Gotta have some intent to go with that felony. If he stole moms car
(unlikely in most States since you can't really steal what essentially is yours within a family.) If he stole the plane, and then went joyriding in it, that's not a theft in most States either. If he stole it and sold it, or parted it out etc. then it may qualify. "George Patterson" wrote in message news:Sfpte.20872$ej1.16080@trndny09... Larry Dighera wrote: Which would those be? Stealing an item worth over a certain amount of money is grand larceny. I'm quite sure both the aircraft and the car qualify. George Patterson Why do men's hearts beat faster, knees get weak, throats become dry, and they think irrationally when a woman wears leather clothing? Because she smells like a new truck. |
#83
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On Sun, 19 Jun 2005 22:47:13 -0400, "W P Dixon"
wrote in :: (4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a person by force or threat of force takes, operates, usurps or exercises control over a propelled vehicle with an operator or one or more passengers aboard he is guilty of a Class B felony. the airplane however would be a Class B felony. Read it again. I have seen no evidence that the 14 year old used force in any way with regard to the aircraft. |
#84
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On Sun, 19 Jun 2005 22:58:06 -0400, "W P Dixon"
wrote in :: Just another example of a felony he could in fact be chraged with,... That would only be true if the DA were able to show the 14 year old had "intent to damage property." |
#85
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That is exactly what I said Larry! I do believe I said it would be up to the
DA to prove intent. Patrick student SPL aircraft structural mech "Larry Dighera" wrote in message ... On Sun, 19 Jun 2005 22:58:06 -0400, "W P Dixon" wrote in :: Just another example of a felony he could in fact be chraged with,... That would only be true if the DA were able to show the 14 year old had "intent to damage property." |
#86
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I suggest you read it again...the felony aircraft theft is not in the same
statute as taking the car without permission, both statutes were posted. The felony would be theft of something with the value of over 2,500 bucks. Notice the values and the "or" in the statue. Doesn't say he has to meet all of them just one part of it. Patrick student SPL aircraft structural mech "Larry Dighera" wrote in message ... On Sun, 19 Jun 2005 22:47:13 -0400, "W P Dixon" wrote in :: (4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a person by force or threat of force takes, operates, usurps or exercises control over a propelled vehicle with an operator or one or more passengers aboard he is guilty of a Class B felony. the airplane however would be a Class B felony. Read it again. I have seen no evidence that the 14 year old used force in any way with regard to the aircraft. |
#87
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On Mon, 20 Jun 2005 00:34:02 -0400, "W P Dixon"
wrote in :: The felony would be theft of something with the value of over 2,500 bucks. If you're referring to this: Section 13A-7-21 Criminal mischief in the first degree. (a) A person commits the crime of criminal mischief in the first degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property: (1) In an amount exceeding two thousand five hundred dollars ($2,500); or ... the DA would have to convince a jury that the 14 year old had *intent* to damage the aircraft. I doubt that that was the 14 year old's intent; after all, if he had wanted to damage the aircraft he could have done so by means other than taking it aloft. What motivation would the 14 year old have had to intend damage to the aircraft? I find it far more likely, that he wanted to experience flight not inflect damage. |
#88
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I think it'd be a pretty stupid 14 year old that would think he could get
into a plane , with no training, and not cause any damage. The DA could very well try to make that point in court and would probably be successful. Though I did not find it in the Alabama laws I know that in TN, GA, and KY theft of anything worth over 500 bucks is a felony. Since I could not find it in black and white I did not mention it, but I am sure that will be the case in Alabama as well..if I find anything on that line I will let ya know ![]() In Avweb article it says the van was stolen from the grandmother? Kid may not be getting any of Granma's good down home cooking for awhile ![]() Patrick student SPL aircraft structural mech "Larry Dighera" wrote in message ... On Mon, 20 Jun 2005 00:34:02 -0400, "W P Dixon" wrote in :: The felony would be theft of something with the value of over 2,500 bucks. If you're referring to this: Section 13A-7-21 Criminal mischief in the first degree. (a) A person commits the crime of criminal mischief in the first degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property: (1) In an amount exceeding two thousand five hundred dollars ($2,500); or ... the DA would have to convince a jury that the 14 year old had *intent* to damage the aircraft. I doubt that that was the 14 year old's intent; after all, if he had wanted to damage the aircraft he could have done so by means other than taking it aloft. What motivation would the 14 year old have had to intend damage to the aircraft? I find it far more likely, that he wanted to experience flight not inflect damage. |
#89
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Hi,
Well here it is. Section 13A-8-3 Theft of property in the first degree. (a) The theft of property which exceeds two thousand five hundred dollars ($2,500) in value, or property of any value taken from the person of another, constitutes theft of property in the first degree. (b) The theft of a motor vehicle, regardless of its value, constitutes theft of property in the first degree. (c) Theft of property in the first degree is a Class B felony. Patrick student SPL aircraft structural mech |
#90
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On 2005-06-18 05:30, Belle wrote:
Good guess, but according to authorities who interviewed the boy, he has no access to computers or video games. He just hied himself to the library & read & read & read about small planes & flight manuals. If that's true, then I'm impressed. Any young kid today actually *reading*, and understanding enough about flight to actually try it out, with partial success (in the context of 'any landing you walk away from is a good landing'), must have a strong drive to become pilot. But where were the 'Young Eagles' or glider clubs in his hometown? There must be ways to put such a kid in contact with airsports legally, either at the library or at the airport, IMO. /Rolf |
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