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Archive for Friday, October 2, 2009

Confessed robber sentenced to probation

A judge sentenced a Kansas City man to probation for robbing four KU students at gunpoint.

October 2, 2009

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Nicholas White

Nicholas White

A judge sentenced a man to probation for robbing four Kansas University students at gunpoint in January as they were waiting for food in a Burger King drive-through lane, prosecutors confirmed Friday.

Douglas County District Judge Robert Fairchild ordered Nicholas White, of Kansas City, Kan., to a three-year probation term for the crime, according to court records. Prosecutors had asked that the man be sentenced to prison.

Prosecutors said White demanded cash at gunpoint from the students in the early morning hours of Jan. 25, outside the Burger King near Sixth and Missouri streets. White pleaded guilty to two counts of robbery in August.

In April, Fairchild sentenced Antoine Barber, an accomplice from Bonner Springs, to probation for his role in the robbery. Barber pleaded guilty to two counts of attempted robbery.

Comments

JayhawkAlum03 5 years, 2 months ago

How can any crime committed while threatening someone with a gun result in probation?!? I agree...unacceptable.

jayhawklawrence 5 years, 2 months ago

I don't get it.

You pull a gun you should go to prison.

Shane Garrett 5 years, 2 months ago

Maybe he was mistaken by the judge for Roman Polanski?

Moderateguy 5 years, 2 months ago

Completely disgusting. No wonder our nation is swirling down the toilet. Fire all of them in the next election!!!!!!

jeffds01 5 years, 2 months ago

this is horrible,

our justice systems needs to make-over

these type of people can not keep walking away from their crimes, with limited punishment

unacceptable times 5

flyin_squirrel 5 years, 2 months ago

But if you get caught growing and selling marijuana, you go to jail for 20 years... This makes no sense. Leave the gun toting guys on the streets, and the stoners with the munches in prison.

1029 5 years, 2 months ago

Not doing any time will probably only serve as an incentive for this guy to try it again sometime. Ridiculous. Meanwhile, I see "cops" the other day and these cops are all gung-ho about "putting (someone) away for a long time" for trying to make $20 by selling tiny bags of ganja to passersby in an opportunity-lacking impoverished community. So yeah, it's long overdue that the justice system needs to rethink the sentencing for various crimes.

MoparGuy 5 years, 2 months ago

What a joke!! If that's the only consequence for robbery at gunpoint I'm sure it won't be the last time. And if its only probation that means no felony charge...so he can keep toting his gun! Brilliant!

lawrencegrl83 5 years, 2 months ago

That is just allowing that kind of BS to go on with a slap on the wrist..... Some one could have gotten seriously hurt... WHAT A JOKE

skinny 5 years, 2 months ago

Armed Robbery and the guy gets probation, are you kidding me? This is a crime against persons. This is not a property crime. The guy used a gun and scared the crap out of these kids. This is unreal. The guy should have spent at least a year or two in prison. I guess you have to kill someone to get a year or two in prison these days!

Remember this at election time!!!!

OldEnuf2BYurDad 5 years, 2 months ago

This is what you all want to remember about probation: If the perp isn't the repentant type, they'll likely violate parole and end up doing the three years. My brother-in-law got TEN years probation for a violent crime. He's now a very upstanding citizen and very successful at his career; married with a kid on the way. The gamble the judge took with him has paid off. Maybe this guy will do the same.

Kawatchi 5 years, 2 months ago

If he had shot the victim, I bet he would be staring at 4-5 years of probation!

Paul Geisler 5 years, 2 months ago

While I understand and share some of your frustration, I imagine if every individual convicted of pulling a gun on someone (without shooting them) was sentenced to prison our prisons would be even more over-crowded than they are now, which could potentially lead to earlier release for other (violent) inmates already serving time. Now, if we could release non-violent criminals who are doing time for marijuana convictions, which would then make room for a whole lot more of these violent criminals, I'd be all for that.

You also need to keep in mind that probation means that he has to be squeaky clean for three years or he WILL end up in prison for violating his probation. This can include regular meetings with a probation officer, random drug tests, etc.

"Probation is the one designed for the lesser of the two crimes, and is a sentence ordered by the judge.....A man or woman on probation is far more restricted than normal citizens, and may be required, based on probation law, to submit to the observation and supervision of a probation officer, depending on how serious the nature of the crime which was committed."

puddleglum 5 years, 2 months ago

this is total BS!

horrible. what kind of message is this sending thugs in topeka and k.c.?

c'mon down to 'stick-up-a-drive-thru-lane-lawrence' where the most you get is a slap on the wrist, if you are even caught.

nobody1793 5 years, 2 months ago

"You also need to keep in mind that probation means that he has to be squeaky clean for three years"

Wrong, he has to not get caught doing anything else for three years...I'm not holding my breath that he has suddenly joined the church choir and seen the light.

UfoPilot 5 years, 2 months ago

And the “Liberals” chant:

“We need more gun laws!

We need more gun laws!

We need more gun laws!

We need more gun laws!”

Marion writes:

Why?

We don't really enforce the ones we have!

AMEN..........

lllwll 5 years, 2 months ago

marieann writes: Remember to perform as many ramdom acts of kindness as possible in a day. Meaning? Go ahead and pull your gun to rob 10 or 12 people just don't fire the gun.

Stupid is as stupid does.

Steve Jacob 5 years, 2 months ago

I know they like to give probation for first offenses, but pulling a gun on someone? Wow. Are the jails that full?

igby 5 years, 2 months ago

Now you know why the Muslim's want to kill Americans!

They don't want this kind of government, liberalism, Western idealism and last but not least, criminals that get a free ride in society, that get rewarded for crime and use poverty as an excuse to do crime against people and property. In China, you get a bullet in the head for this type of crime. In France, Holland, Italy, Spain, your a$$ will go to jail. But in Douglas County, you get set free to rob again. But next time he will leave no one alive too tell a jury he's the one; the one with a prior history of pistol in your face and give it up.

Anyone who uses a firearm to rob someone should go to jail.

If this thug from Wyandotte, had got his self killed doing this crime, the DA would be trying to put the victim in jail for defending their life.

ku_tailg8 5 years, 2 months ago

This is incredible. Its not like this was a pick pocket. If this guy breaks a law within his probationary period then this judge should be personally responsible and kicked off the bench. And go cry me a river blaming this on the economy. Many people are hurting and most have enough values and morals to never point a gun at someone and demand money.

Monty Amick 5 years, 2 months ago

wow.. what a screw up by our system.

God help us

Eride 5 years, 2 months ago

"MoparGuy (Anonymous) says… What a joke!! If that's the only consequence for robbery at gunpoint I'm sure it won't be the last time. And if its only probation that means no felony charge…so he can keep toting his gun! Brilliant!"


My response: Wrong, wrong, wrong.

  1. A person can receive probation for a felony. You might notice that in the article it states that he pleaded guilty to two counts of robbery. To use that as an example out of many possible examples... a quick look at 21-3426 of the KS Statutes shows that this is a severity level 5 person felony... which depending on an individuals history could place them in the border area of the KS sentencing grid which would mean the judge could sentence them to probation without issuing a dispositional departure (ignoring the issue of the plea in this specific case).

Which brings it to the second issue...

  1. The guy pleaded guilty, I don't know if you all noticed that between your drama filled complaining. Of course he got a lower sentence than he might otherwise have obtained. That is the point of the plea bargain process. The positive side is that instead of potentially being found not guilty he will most likely be a felon for life (if he wasn't one already) with all that entails, he will be watched (hopefully) like a hawk for three years, and best of all... the state saved money.

Monty Amick 5 years, 2 months ago

to beobachter..

wow. you're sadly uninformed and very misguided on the facts. please stop spewing blah blah and find the truth instead of embarrassing yourself. Education is a plus. Knowledge is eternal.

sherbert 5 years, 2 months ago

Wonder what kind of sentence he would have been given if the victims had been the judges kids.

John Hamm 5 years, 2 months ago

Time for another "fire the Judge campaign!"

ferrislives 5 years, 2 months ago

WTF? I know I'd be pretty pissed off if I was one of the victims.

BlackVelvet 5 years, 2 months ago

"This is what you all want to remember about probation: If the perp isn't the repentant type, they'll likely violate parole and end up doing the three years."

And just what kind of utopian world are YOU living in? He'll violate his parole and nothing will be done. This is Douglas County we're talking about. In any of the RED counties of this state, he'd have gone to PRISON!

igby 5 years, 2 months ago

This should have been Agg. Robbery, Branson, our candy a$$ DA, needs to go in the next election. Then these liberal candy A$$ judges won't be hiding behind some border box excuse.

When someone uses a firearm, points it at you and forces you to give up property. This robber holds the power over life and death, at the flinch of a trigger. He chose to deprive you of your freedom of choice to live or die. This is the worst of agg. threats and worst than kidnapping or criminal restraint. Robbery is the end result, but a more serious personal violation on a persons life and well being is committed. When you point a gun at someone regardless of your intent or end result for robbery gains you commit a far worse crime that the end result of robbery, car jacking or what ever you take by the threat.

The law calls this agg. assault with a deadly weapon. Where is the correct charge for this crime Branson? Agg, Assault, Agg. Robbery!

After the next election, you can apply to KU law school for a staff position. That's where all the has-beens end there career at law, when they have shot their wad everywhere else.

GardenMomma 5 years, 2 months ago

Is this the judge who gave 14 days to the driver of a hit and run that killed a man?

workinghard 5 years, 2 months ago

Enough is enough, is Fairchild an elected official? I pray someone runs against the DA that will get tough.

JoRight 5 years, 2 months ago

Pretty ridiculous.

Same song & dance.

I guess growing / selling marijuana is just as dangerous, if not more dangerous than holding people up w/ a hand gun.

JhawkJesse 5 years, 2 months ago

Wow! Where do i even begin? Fairchild should lose his job for gross incompetence. As should every judge that does not sentence prison time for ANY crime committed with a firearm. We don't need more gun laws we need to ENFORCE the ones we have! If these perps would have broke in to my house and got shot, I guarantee Fairchild would throw the book at me. I echo Marions sentiments. Keep fighting the good fight brother.

workinghard 5 years, 2 months ago

I wonder if the officers ever get frustrated or discouraged when they get them off the street and the Judge and DA lets them back on with probation?

igby 5 years, 2 months ago

The adult probation office is a joke! It takes them months to figure out that a criminal has criminal cases pending in other counties and states. This guy may have cases pending in Wyandotte and KCMO. No ones watching or counting pending cases only convictions after they turn up on records months later.

ralphralph 5 years, 2 months ago

Isn't there still a law that says if you use a firearm in the commission of a felony, you must go to prison? If not, there needs to be. Stupid, stupid sentence, Judge.

workinghard 5 years, 2 months ago

The DA has to accept an equal share of the blame here. He let him plead to a lesser crime so by the time it got to the judge it was not "armed robbery" but robbery. Yes, he still could have given him jail time, but that might have been part of the deal. The question here is, why wasn't he prosecuted for "armed robbery"? Maybe the DA didn't want to gamble with his conviction rate and was willing to plead to a lesser crime to keep his conviction statistics higher. So who is he really serving here, the taxpayers who deserve better, or himself so he can get re-elected? We need to demand better from him and our judges. If the DA has a valid reason for why he had to go for the lesser crime, he needs to come forward and publicly explain himself. I wonder if that is why he sometimes refuses to prosecute some cases, he's afraid to gamble messing up his conviction rate.

beatrice 5 years, 2 months ago

Marion, I didn't see any liberals chanting that we need more gun laws. You put quotation marks around a chant that didn't happen. That makes you a liar. Make stuff up all you want, but in the end you are nothing more than a simple liar.

Anyone who uses a gun while committing a crime should be in prison for years.

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