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(The Raw Story)   Utah judge: I am altering this 16 year old's plea deal from 180 days in jail to 15 years in state prison. Pray I don't alter it any further   (rawstory.com) divider line 339
    More: Scary, Judge of the Change, Utah, state prisons, plea deal, pleas, jail, aggravated burglary, school year  
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37553 clicks; posted to Main » on 27 May 2014 at 3:56 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-05-26 11:41:12 PM  
Yikes.
 
2014-05-26 11:54:56 PM  
I find the judge an asshat. Not all juveniles who commit crimes need to go to prison automatically.
 
2014-05-26 11:57:41 PM  
But instead, the judge imposed the maximum prison term for the charges, although the teen's co-defendant - 17-year-old Joshua Dutson - was sentenced by the same judge to 210 days on the same plea agreement Van Huizen accepted.

The fark? Did the kid rape and murder this judge's sister and her two children during the sacking of a city or something?
 
2014-05-27 12:30:15 AM  
Newsflash:  If you provide the guns and participate in armed home invasions you are going to go to prison for a long time.

And before someone comes in screaming about private prisons, Utah does not have private prisons for its state prisoners.
 
2014-05-27 12:34:45 AM  

miss diminutive: But instead, the judge imposed the maximum prison term for the charges, although the teen's co-defendant - 17-year-old Joshua Dutson - was sentenced by the same judge to 210 days on the same plea agreement Van Huizen accepted.

The fark? Did the kid rape and murder this judge's sister and her two children during the sacking of a city or something?


welcome to retarded sentencing in the US
what is happening with the other sentences though?
are they being heard by the same judge and we would expect them to go up?
or different judges different terms ...

I guess that would be ONE reason to not use a gun while robbing a house.
 
2014-05-27 12:35:16 AM  
I've sentenced boys younger than you to the gas chamber. Didn't want to do it. I felt I owed it to them.
 
2014-05-27 12:36:25 AM  

sprgrss: Newsflash:  If you provide the guns and participate in armed home invasions you are going to go to prison for a long time.

And before someone comes in screaming about private prisons, Utah does not have private prisons for its state prisoners.


Yeah, providing the weapons does deserve a stiffer sentence.  According to TFA it's 1-15 years, not just a flat 15 years.  Having 15 on the open end does seem extreme though.
 
2014-05-27 12:58:25 AM  

TuteTibiImperes: sprgrss: Newsflash:  If you provide the guns and participate in armed home invasions you are going to go to prison for a long time.

And before someone comes in screaming about private prisons, Utah does not have private prisons for its state prisoners.

Yeah, providing the weapons does deserve a stiffer sentence.  According to TFA it's 1-15 years, not just a flat 15 years.  Having 15 on the open end does seem extreme though.


With good behavior he'll be out in no time.  If however, he wants to play badass while in prison his length of incarceration will increase.

Being that he is still a juvenile, he'll be segregated away from the adult population and as the article stated, he'll be sent to a county jail to serve his time.
 
2014-05-27 01:02:18 AM  
Well, I'm sure a few years in prison at that age will not only do much more to discourage a life of crime but also do more to increase his chances of not needing to turn to crime in the future. You know, more than say a sentence of perhaps very strict probation plus a lot of community service with part of the terms of the harshness and length of the sentence being tied into school attendance and performance. 

I'm sure he'll be a model citizen with plenty of opportunities once he has finished doing his time.

/so much more important to just punish than to attempt to rehabilitate and prevent recidivism.
//especially in someone who has not fully developed into a "mature" adult yet
 
2014-05-27 02:10:45 AM  

miss diminutive: But instead, the judge imposed the maximum prison term for the charges, although the teen's co-defendant - 17-year-old Joshua Dutson - was sentenced by the same judge to 210 days on the same plea agreement Van Huizen accepted.

The fark? Did the kid rape and murder this judge's sister and her two children during the sacking of a city or something?


This right here tells me that there is more to this then the link is saying.  I don't know how a judge could possibly do this if true.
 
2014-05-27 02:54:49 AM  
That seems a bit harsh for a minor that's a first time offender.  There's gotta be something more to this story.
 
2014-05-27 03:33:39 AM  

5 star chef of tv dinners: miss diminutive: But instead, the judge imposed the maximum prison term for the charges, although the teen's co-defendant - 17-year-old Joshua Dutson - was sentenced by the same judge to 210 days on the same plea agreement Van Huizen accepted.

The fark? Did the kid rape and murder this judge's sister and her two children during the sacking of a city or something?

This right here tells me that there is more to this then the link is saying.  I don't know how a judge could possibly do this if true.


1) judges go crazy and do whatever the fark they want ...
2) black kids of exactly the same age get the harsh sentences alll the time ... so technically nothing wrong here
3) parent's "my kid is perfect" plea might have completely backfired
4) possible that all of the sentences are in the process of being properly adjusted from absurdly low jail time ....

5) hmmmmm maybe this judge owns some prison stock?
 
2014-05-27 03:35:36 AM  

slayer199: That seems a bit harsh for a minor that's a first time offender.  There's gotta be something more to this story.


first rape?
first murder?
first drunk driving death?
first armed robbery?

yah, armed robbery is pretty farked up
NOW, if they had broken into an empty house and rifled it for stuff, meh, fine.

THEY HELD A FARKING GUN TO THEIR HEADS.
hard time is the only rational choice

"I didnt know they were bad guys."
YAWN
 
2014-05-27 03:58:06 AM  

sprgrss: Newsflash:  If you provide the guns and participate in armed home invasions you are going to go to prison for a long time.

And before someone comes in screaming about private prisons, Utah does not have private prisons for its state prisoners.


That's not the point. The point is that a deal was made and it has been broken.

The judge is an oathbreaker. May he freeze in the deepest circle of Hell, as Dante envisioned.
 
2014-05-27 04:06:06 AM  
Great idea. Take a young, impressionable teen who's already shown susceptibility to peer pressure and put him in close proximity to a group of hardened criminals. What's the worse that could happen?
 
2014-05-27 04:08:26 AM  

5 star chef of tv dinners: miss diminutive: But instead, the judge imposed the maximum prison term for the charges, although the teen's co-defendant - 17-year-old Joshua Dutson - was sentenced by the same judge to 210 days on the same plea agreement Van Huizen accepted.

The fark? Did the kid rape and murder this judge's sister and her two children during the sacking of a city or something?

This right here tells me that there is more to this then the link is saying.  I don't know how a judge could possibly do this if true.


I've got no problem with kids getting due time for doing a crime, especially something this serious.

However, I was unaware it was time to revisit the sad ground already covered by in re Gault nearly 50 years ago. And perhaps its time to put the screws on prosecutors who offer too-good-to-be-true plea agreements and conveniently "neglect" to tell the naive defendant and his brain-dead attorney that this is merely a recommendation and the judge is free to alter it at his whim.

The kid might well be able to appeal on the grounds of inadequate counsel on this one; and anyone who didn't know that a plea agreement is ONLY a recommendation--consider yourself warned. This is what you give up when you waive your right to trial.
 
2014-05-27 04:09:37 AM  
Oh, are we forgetting he provided weapons to use in a home invasion which he also participated in? Oh, okay.

oh my god I feel so bad for him.
 
2014-05-27 04:09:38 AM  

spiritplumber: sprgrss: Newsflash:  If you provide the guns and participate in armed home invasions you are going to go to prison for a long time.

And before someone comes in screaming about private prisons, Utah does not have private prisons for its state prisoners.

That's not the point. The point is that a deal was made and it has been broken.

The judge is an oathbreaker. May he freeze in the deepest circle of Hell, as Dante envisioned.


I'm probably wrong but my impression was that plea deals are always just recommendations; pretty sure prosecutors are not given the power to force a judge to do anything even if he agreed to it previously.
 
2014-05-27 04:09:53 AM  
That judge should sentence himself to 15 years in a psych ward.
 
2014-05-27 04:09:56 AM  

spiritplumber: sprgrss: Newsflash:  If you provide the guns and participate in armed home invasions you are going to go to prison for a long time.

And before someone comes in screaming about private prisons, Utah does not have private prisons for its state prisoners.

That's not the point. The point is that a deal was made and it has been broken.

The judge is an oathbreaker. May he freeze in the deepest circle of Hell, as Dante envisioned.


Except you aren't making the deal with the judge. You're making the deal with the prosecutor to recommend sentencing for a guilty plea. The judge doesn't have to listen to it.
 
2014-05-27 04:10:28 AM  

Mentat: I've sentenced boys younger than you to the gas chamber. Didn't want to do it. I felt I owed it to them.


You owe it to yourself. Get on it.
 
2014-05-27 04:10:29 AM  

spiritplumber: sprgrss: Newsflash:  If you provide the guns and participate in armed home invasions you are going to go to prison for a long time.

And before someone comes in screaming about private prisons, Utah does not have private prisons for its state prisoners.

That's not the point. The point is that a deal was made and it has been broken.

The judge is an oathbreaker. May he freeze in the deepest circle of Hell, as Dante envisioned.


You must not know what a plea deal means.  It means the prosecutor makes a recommendation to the judge.  The judge can then use his own discretion on accepting the plea deal or not.  1 year of jail for a home invasion where someone held a gun to someone's head does not seem extreme to me.  OR are you taking the parent's word on this.  "Trust me, my kid is great, its those other people he provided guns to, THEY are the bad guys".

Cry me a river, the kid is getting what he deserves.
 
2014-05-27 04:11:01 AM  

namatad: slayer199: That seems a bit harsh for a minor that's a first time offender.  There's gotta be something more to this story.

first rape?
first murder?
first drunk driving death?
first armed robbery?

yah, armed robbery is pretty farked up
NOW, if they had broken into an empty house and rifled it for stuff, meh, fine.

THEY HELD A FARKING GUN TO THEIR HEADS.
hard time is the only rational choice

"I didnt know they were bad guys."
YAWN


Lets not forget "oh my judgement was impaired because of the marijuana"
 
2014-05-27 04:12:10 AM  
FTA:  "Van Huizen was the youngest member in a group of teens who went to home Nov. 19 and held up two people at gunpoint, seeking money, cell phones, and marijuana."

Nope. No sympathy for you. You terrorized a family with a gun and threatened death for some cash and pot. Enjoy prison asshole.
 
2014-05-27 04:13:05 AM  
But instead, the judge imposed the maximum prison term for the charges, although the teen's co-defendant - 17-year-old Joshua Dutson - was sentenced by the same judge to 210 days on the same plea agreement Van Huizen accepted.
Another teen involved in the case, 19-year-old Tomek Perkins, pleaded guilty to second-degree felony counts of attempted robbery and burglary and was sentenced in April to 180 days in jail.


That seems seriously farked up.  I was, however more irritated at the little brat.

"As I look back on what I did, I recognize that I was reckless in trying to fit in with and please new people I did not really know," Van Huizen wrote in a court document filed Tuesday. "My judgment was impaired by my use of marijuana."

No.  Cannabis does not work that way.  Nobody gets high and says "I know what would be a great idea, lets get some guns and rob some people!"
 
Skr
2014-05-27 04:13:32 AM  
If the judge had the intention to come back a bit later and adjust the sentence to the original plea (or at least a more reasonable one) this would be an effective scare tactic to scare the kid straight, or at least scare the parents to properly be parents for the last two years of his childhood. Albeit that is a bit optimistic on my part. More likely, even if the judge had intended that, the judge will forget about the kid and let him enjoy his new criminal bedfellows.
 
2014-05-27 04:15:04 AM  
One: the DA and defendant made a plea deal. The judge is a major douche for changing the terms.

Two: i find it hard to feel bad for the kid who supplied the firearms for an armed robbery.
 
2014-05-27 04:15:44 AM  
A more local take: SLTrib Article

Bonus: "Mom" shows up in the Disqus comments.
 
2014-05-27 04:15:46 AM  
There is an aspect that is obviously not being revealed in this article.  It has been created to maximize sympathy for the kid whilest demonizing the judge, and it seems many people here have fallen for it hook, line and sinker.  And as for the "oathbreaker" comment.

Correct me if im wrong, plea deals are created between defense attorney and  DA, Judge has to sign off on them.  Well this is the judge saying no.

Lastly, some states require mandatory minimum's such as 10/20/life  In FL he would have gotten 10years before any of the other charges were tallied just  for having a gun.
 
2014-05-27 04:19:50 AM  

taurusowner: FTA:  "Van Huizen was the youngest member in a group of teens who went to home Nov. 19 and held up two people at gunpoint, seeking money, cell phones, and marijuana."

Nope. No sympathy for you. You terrorized a family with a gun and threatened death for some cash and pot. Enjoy prison asshole.


Yeah. But judges can't just be changing plea deals AFTER you've plead. It's like going to the dollar store and getting slapped with a mortgage.

That's why smart legal systems DON'T have plea deals.
 
2014-05-27 04:20:22 AM  
What do people expect when they ELECT judges?
 
2014-05-27 04:22:56 AM  
That's pretty f'd... nobody will ever plea out if they think judges are just going to change the sentence to the maximum... it'd make all pleas a losing proposition, might as well just waste the courts time/money and take your chances.
 
2014-05-27 04:31:33 AM  

firefly212: That's pretty f'd... nobody will ever plea out if they think judges are just going to change the sentence to the maximum... it'd make all pleas a losing proposition, might as well just waste the courts time/money and take your chances.


See also: three-strikes laws. Why do you think CA courts are so backlogged? If you're facing 25-life, you cannot plead, you might as well roll the dice and take a chance on a sympathetic jury.

This was a total dick move by the judge. There was no reason to give the kid 15 in a max despite the severity of the crime--just as there was no reason for the DA to even suggest "Hey, six months in county lock up, the judge will go for it, no sweat! Just sign here, and nevermindyoudontgetanappealthatsinthefineprintanyway." A plea bargain is supposed to be good for EVERYONE, not to screw the defendant over by having him waive his right to trial and appeal and then fist-f*ck him when the judge reads the stip.

In a perfect world...
 
2014-05-27 04:31:48 AM  

miss diminutive: But instead, the judge imposed the maximum prison term for the charges, although the teen's co-defendant - 17-year-old Joshua Dutson - was sentenced by the same judge to 210 days on the same plea agreement Van Huizen accepted.

The fark? Did the kid rape and murder this judge's sister and her two children during the sacking of a city or something?


Penalties are stiffer for crimes involving a firearm, even if it's a first offense. That being said what's up with the discrepancy in sentencing? Why was the judge so harsh with him and not the other two? It will be interesting to see what the final two's sentences end up being.

/also the judge is a dick
 
2014-05-27 04:31:56 AM  

firefly212: That's pretty f'd... nobody will ever plea out if they think judges are just going to change the sentence to the maximum... it'd make all pleas a losing proposition, might as well just waste the courts time/money and take your chances.


If tomorrow everybody said fark the plea and demanded a trial, the court system would collapse, and a whole lot of people would go free, unprosecuted because the state couldn't give a speedy trial.
 
2014-05-27 04:33:49 AM  

namatad: welcome to retarded sentencing in the US


This is retarded sentencing even for the USA.

firefly212: That's pretty f'd... nobody will ever plea out if they think judges are just going to change the sentence to the maximum... it'd make all pleas a losing proposition, might as well just waste the courts time/money and take your chances.


Bingo.
 
2014-05-27 04:42:38 AM  
From a brief bit of research, this is the result of a brand new mandatory minimums for offenders age 16+ law that went into effect about a month ago.  All of the teens involved over the age of 16 are supposed to be getting the same terms regardless of plea agreements. 

The question about the Josua Dutson kid getting less time seems to be incorrect as his own parents are using this situation to raise money on a funding site, ostensibly to fight a "faulty law".


I'm guessing they aren't doing to well as they're trying to get around $40k (the bail price), and have, in five months raised $20.
 
2014-05-27 04:42:39 AM  
This is america at it's finest.
 
2014-05-27 04:43:17 AM  
So let me get this straight. Farkers here are upset with sending a precious snowflake to prison for illegally getting guns and handing them out to friends so they could all go rob people at gunpoint?

A 15 year old. With illegal guns. And Farkers approve of this behavior and only want him to get a few months in jail.

No gun control demands or anything?

I'd say the marijuana has impaired a lot of your judgement, just like this kid.

I'm assuming if he had shot some of the people he was robbing you might have demanded more gun laws to keep the precious snowflake from doing it again.
 
2014-05-27 04:43:22 AM  

Firethorn: namatad: welcome to retarded sentencing in the US

This is retarded sentencing even for the USA.

firefly212: That's pretty f'd... nobody will ever plea out if they think judges are just going to change the sentence to the maximum... it'd make all pleas a losing proposition, might as well just waste the courts time/money and take your chances.

Bingo.


Yep, this. Also, an institution perceived at breaking a deal weakens the power of keeping deals in the first place.
 
2014-05-27 04:49:12 AM  
Complicated...

The judge seems like a dick, given the agreement here.
The criminal, even at 16, probably deserved 1-15 years in a jail facility given the fact that this was a planned armed robbery.
Lawyers still suck.

Okay, it wasn't so complicated after all. A lot of blame to go around.
 
2014-05-27 04:50:11 AM  
I would have no problem with this Judge's sentence, if it weren't for the relatively-light sentences his accomplices (who allegedly held the guns this kid brought to the robbery) received. Either they all should be looking at 1-15 years, or they all should be getting the terms of the plea agreement. It's just that simple. Ratcheting this up to at least a year in jail for one kid seems like the Judge was having a bad day, or somehow this particular perp upset the Judge in some manner (joking/smiling in court, snotty attitude, etc).

Regardless, this is BS, in my opinion.
 
2014-05-27 04:50:54 AM  
And in today's edition of "We didn't read the article but are outraged at the misleading headline"...
 
2014-05-27 04:51:19 AM  
You need to kill people on a DUI or rape your 3 year old to not go to jail in America, oh and be rich.
 
2014-05-27 04:53:54 AM  

drumhellar: firefly212: That's pretty f'd... nobody will ever plea out if they think judges are just going to change the sentence to the maximum... it'd make all pleas a losing proposition, might as well just waste the courts time/money and take your chances.

If tomorrow everybody said fark the plea and demanded a trial, the court system would collapse, and a whole lot of people would go free, unprosecuted because the state couldn't give a speedy trial.


Which is a problem when plea deals are recommendations. I have no problem that a judge has to sign off on a plea deal. However, the judge should only have three options: approve, reject, counteroffer. The judge shouldn't be able to accept the plea, but reject the deal. If I was one of the two other kids involved in this that haven't gone to trial yet, I'd definitely think twice, and probably reject, any plea deal offered while my case was being heard by this judge.

As far as the sentence goes, I don't necessarily have a problem with a 16 year old being sentenced to 1-15 years for a home invasion robbery. That crime isn't an "opps, I didn't know better, woe is me" crime at 16. Stealing Daddy's firearms in order to facilitate the crime? I have a bit easier time understanding. If anything, the other three winners in this little gang should have similar sentences and not just summer camp courtesy of the State of Utah.
 
2014-05-27 04:54:50 AM  
This happened the same week the Santa Barbara shooter murdered all those students and people are screaming for something to be done about guns. So which is it liberturds, do you want to take a stand against psychos using guns or not because you can't have it both ways?
 
2014-05-27 04:55:07 AM  
I think there is some more behind here, if the sentencing is 1-15 years, who sets the time limit? Is it one year or the full 15? How is it not cruel and unusal punishment not knowing?
If he gets one year I feel that fits inline with the other sentences, but 15 years is farked up.

Also, if I was the states attorney I would be furious with the judge, if judges start capriciously ripping deals apart they are less than useless and you'll have huge backlogs and people not knowing what happened to loved ones.

Then again, judges can overrule jury's as well so I guess the whole system is a fallacy...
 
2014-05-27 04:58:13 AM  
"As I look back on what I did, I recognize that I was reckless in trying to fit in with and please new people I did not really know," Van Huizen wrote in a court document filed Tuesday. "My judgment was impaired by my use of marijuana."

Perhaps that was part of it.  He's mixing in an obvious lie with his apology....you don't lie during an apology.  If his lawyer told him to say this, I would sue the shiat out of the lawyer.
 
2014-05-27 05:01:41 AM  

spiritplumber: sprgrss: Newsflash:  If you provide the guns and participate in armed home invasions you are going to go to prison for a long time.

And before someone comes in screaming about private prisons, Utah does not have private prisons for its state prisoners.

That's not the point. The point is that a deal was made and it has been broken.

The judge is an oathbreaker. May he freeze in the deepest circle of Hell, as Dante envisioned.




A judge can nullify a plea deal, if the judge think the deal is in bad interest to society. That's why Roman Polanski skipped town. The Judge thought the plea deal was bull, especially considering how the girl was scared and drugged .
 
2014-05-27 05:02:57 AM  

Gdalescrboz: "As I look back on what I did, I recognize that I was reckless in trying to fit in with and please new people I did not really know," Van Huizen wrote in a court document filed Tuesday. "My judgment was impaired by my use of marijuana."

Perhaps that was part of it.  He's mixing in an obvious lie with his apology....you don't lie during an apology.  If his lawyer told him to say this, I would sue the shiat out of the lawyer.


No, no. Criminals should ALWAYS lie during an apology, but when you lie, don't admit to doing something illegal. Blame the other kids, not weed. Hell, he'd have been better off saying he was an alcoholic.
 
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