Violation of probation gets 10 years in Jail - Interesting read

[Legs]

well, I think it's interesting.

Here is the basic story. At 14 years of age Charles Shain is charged with sexual battery of a 6 year old boy. This was in 1994 and he was given probation for that offense.

In 2001 he violated a curfew and because of this violation his probation was extended.

In May 2005, probation officers searched his residence (he is 25 years old then) and they found a single viagra pill and some marijuana in his bedroom. Shain is again charged with violating probation.

This time the judge gives him 10 years in prison.

All kinds of people from the community (some big wigs too) are standing up for him. There is nothing to suggest then other then these two probation violations had not been a good citizen since 1994.

There is alot more at this link, suggestions that the Judge is being harsh with Shain because his 6 year old victim (now 18) is the son of a local law enforcement officer. The Father of the victim also weighs in.

Here is the link please post what you think, is 10 years too much? Should the case have been thrown out or did he get off too lightly for the sexual battery charge & probation violations?

[Dingfod]

When you are on probation, the terms of probation are spelled out. Probation is instead of a jail sentence, violate the terms of that probation and you get to serve out the jail sentence instead. "An exemplary life"? Not hardly. I doubt if the Viagra was his, which is a crime, and he admitted to smoking marijuana, an illegal substance and grounds for revoking probation alone. He is serving 10 years for the sexual battery, not for probation violation.

But, the kicker is the victim, "who now is 18, "is an angry young man who is confused about his place in society"". The number of 18 year olds angry and confused about their place in society must number in the high double digits of percentage, most of them. It's called teen angst. Move along, nothing to see here.

[Legs]

Shain's 10 years probation should have been finished in 2004, it was extended in 2001 for breaking a curfew. I bet he's kicking himself over that one.

I will keep an eye open for an appeal [if granted] to see what happens.

I am all over the place on this one, I'd like to know more about the circumstances of the sexual battery charge & the curfew violation.

The last line of the article speaks volumes. "The law has guidelines, but the judge should be able to look at the specifics of each case."

[D. Scarlatti]

Originally Posted by Legs

The last line of the article speaks volumes. "The law has guidelines, but the judge should be able to look at the specifics of each case."

What "nonsense," eh Legs?

[lady cop]

being the hardass law and order type that i am, i'm with Dingfod on this. if we don't like laws we can change them. but VOP is a serious issue. probably half the people i ever arrested were probation violators. probation is for a reason. the court gives someone a chance. it doesn't matter whether they blow it for something petty like grass, or something more serious.

[Legs]

I understand being responsible for your actions and having to face the consequences. He screwed up bigtime with that 2005 violation and now again with the MJ/viagra.

10 years just seems so long.

Again, I have no details on the sexual battery circumstances or the curfew violation, It will be interesting to see if there is an appeal one day.

[lady cop]

it is long. it's like the three-strikes CA law. very painful. you could do life for a theft. ....as for appeals, they are only based on errors in the trial record, never on facts of a case.

[Dingfod]

10 years isn't very long for raping a 6-year old. Legs, I thought you were for the death penalty for sexual predators.

[Legs]

He was charged with sexual battery and he was a young offender himself, DP does not come into play here. Didn't even enter my mind.

[Dingfod]

Oklahoma man sentenced to 10 years for probation violation, to be served concurrently with a 10 year sentence for attempted robbery. Other probation violations include failure to register as a sex offender, possession of a controlled drug, possession of contraband in jail, and destruction of county property.

[Legs]

How did he manage to get only probation for rape in the first place? (2nd degree, I know) Thanks for posting that Dingfod. He got 10 years for his violation, just like Shain + he will now serve the 10 years for the original charges.

[Dingfod]

He really sounds like quite the scumbag, doesn't he?

[Legs]

He sure doesn't make me feel warm and fuzzy.

[Petra]

Originally Posted by Dingfod

10 years isn't very long for raping a 6-year old.

My thought exactly. The fucker should have been given a long jail sentence to start with.