DBNJ: Major Harris waterboards girlfriend with root beer; gets life sentence

[Dan T.]

Never call me out on the math.

No math involved. As a prison-release re-offender, he would have gotten the same sentence if he committed murder. So you were wrong. Just as you were wrong about his sentence being more harsh because the victim is a woman.

[Predicto]

Mandatory sentences suck. I guarantee that there are many, many more people serving life without parole that are even less scummy than this guy. There sure are in California.

Oh well, it's just tax dollars.

---------- Post added September-7th-2012 at 11:42 AM ----------

No math involved. As a prison-release re-offender, he would have gotten the same sentence if he committed murder. So you were wrong. Just as you were wrong about his sentence being more harsh because the victim is a woman.

It weird how many people in this thread seem to be unable to read these words: "Out of prison for just 11 months when he committed the crimes, Harris also was convicted of possession of a firearm by a convicted felon. As a prison-release re-offender, the judge was required by law to sentence him to life without parole."

[Major Harris]

Mandatory sentences suck. I guarantee that there are many, many more people serving life without parole that are even less scummy than this guy. There sure are in California.

in cali, no doubt. there are worse people at jiffy lube.

**this joke is not a jab at the feminists**

[JMS]

It weird how many people in this thread seem to be unable to read these words: "Out of prison for just 11 months when he committed the crimes, Harris also was convicted of possession of a firearm by a convicted felon. As a prison-release re-offender, the judge was required by law to sentence him to life without parole."

Come on he gave him 20 years on top of life without parole. That doesn't sound to me like a judge being bound by sentencing guidlines.


This is not a case of a judge being forced to give somebody life in prison for stealing a candybar or a beer from a 7-11. This is something else.

[Teller]

**this joke is not a jab at the feminists**

[Corcaigh]

It weird how many people in this thread seem to be unable to read these words: "Out of prison for just 11 months when he committed the crimes, Harris also was convicted of possession of a firearm by a convicted felon. As a prison-release re-offender, the judge was required by law to sentence him to life without parole."

None of that context was in the OP or article.

[Dan T.]

N/M ... maybe more root beer jokes would be better.

[JMS]

No math involved. .

Yes, why not advocate avoiding a biased system of metrics like math which would frame your position by things like reason, precidence, or actual facts?

Let's keep math out of it, as long as we are making hysterical arguments unbound by any constraints of logical rational thought. That's how our legal system works now evidently.

[Dan T.]

Yes, why not advocate avoiding a biased system of metrics like math which would frame your position by things like reason, precidence, or actual facts?

Let's keep math out of it, as long as we are making hysterical arguments unbound by any constraints of logical rational thought.

I have no idea what you're talking about any more. The fact is that the man's sentence of life without parole was dictated by determinate sentencing. To quote School of Rock, "Math is good. Math is great." But math has nothing to do with this argument.

[mistertim]

Perhaps a lawyer would have an easier time finding it in this statute, but from what I read it sounds like a prison-release re-offender means they automatically get the maximum sentence for whatever crime they committed and have to serve every day of it, no matter what. Do his crimes carry a maximum of life without parole? Again, I may be missing it, because there are lots of factors in the full statute. Though it does say it doesn't limit the court from imposing greater sentences if they deem it appropriate.

http://www.flsenate.gov/laws/statutes/2011/775.082

3. If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows:
a. For a felony punishable by life, by a term of imprisonment for life;
b. For a felony of the first degree, by a term of imprisonment of 30 years;
c. For a felony of the second degree, by a term of imprisonment of 15 years; and
d. For a felony of the third degree, by a term of imprisonment of 5 years.
(b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.
(c) Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.

[HogNose]

I was worried you'd miss this thread.

---------- Post added September-7th-2012 at 03:24 PM ----------

why root beer?

Because it has that frosty mug taste.

[JMS]

I have no idea what you're talking about any more. The fact is that the man's sentence of life without parole was dictated by determinate sentencing. To quote School of Rock, "Math is good. Math is great." But math has nothing to do with this argument.

The man got 20 years more than the sentencing guidelines...

b. For a felony of the first degree, by a term of imprisonment of 30 years;

Hell the man got more than twice the sentencing guidelines.


The relevent points here are not sentencing guidelines because the sentencing guidelines were exceeded.
The relevent points here are:

(1) The Judge threw the book at him, not because he had too but because he decided too. ( that's a fact)
(2) That had more to do with who he did this too, and his actions in court; and less to do with what he actually did. (that's a fact too.)

The judge gave him 20 years ontop of a life sentence, in a crime where nobody got hurt? seriously? 70 years and nobody got hurt?
what other mitigating factors are there here? Not that he had priors that is already mitigated by the life sentence. Not his offenses because those were addressed by the guidelines which the judge exceeded.

[Predicto]

The man got 20 years more than the sentencing guidelines...

What's 20 years more than "forever?"

And no, he didn't get 20 years more than the sentencing guidelines. He committed multiple acts. The sentencing guidelines (which are awful) mandated LWOP for just one of those acts - the firearms violation.

The 20 years was for the rest of it. On top of that, this wasn't an average "violent assault," and because of his prior record, he was going to get the top end of the range for kidnapping and the rest.

[mboyd784]

I hope he didn't use Barq's...that stuff has bite!

[JMS]

What's 20 years more than "forever?"

I don't know, but I can calculate 20 years more than life which is what the judge gave him.

And no, he didn't get 20 years more than the sentencing guidelines. He committed multiple acts. The sentencing guidelines (which are awful) mandated LWOP for just one of those acts - the firearms violation.

He got life for "for kidnapping while armed with a firearm".
He got an additonal 15 years for aggravated battery with a firearm
and five more years for aggravated assault with a firearm.

As long as we are being precise... I said he got nearly twice as long as he would have if he had killed her... Taken precisely.. That very well could be accurate, if the death sentense weren't imposed..

I should have said, he was sentenced to three times what the average murder is sentence too in Florida...