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Archive for Monday, March 5, 2012

Atchison man pleads no contest to aggravated battery in Lawrence

March 5, 2012

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A 22-year-old Atchison man Monday pleaded no contest to attempted aggravated battery in connection with a June incident in which a Lawrence man was injured.

Joshua W. Downing, who attends college in Kentucky, is expected to qualify for probation unless he has two or more felonies committed against a person on his criminal record. He was arrested on June 30 after a Lawrence man was injured during a 2:30 a.m. confrontation in the 500 block of West 19th Street.

David Melton, a chief assistant Douglas County district attorney, said Downing believed the man and his group of friends who were walking in the area had disrespected him. Downing was a passenger in a car that was driving by, and his friend stopped the car so they could confront the group.

Melton said Downing was accused of swinging at the Lawrence man intending to strike him in the face. According to testimony at a December preliminary hearing, the Lawrence man suffered a head injury and was bleeding.

Downing will also be required to pay restitution in the case. His sentencing is scheduled for March 15.

Comments

ksjayhawk74 2 years, 9 months ago

Well what else are you supposed to do when you think someone you pass on the street disrespects you? Just keep driving and let it go?

jhawkinsf 2 years, 9 months ago

Probation. That will teach him. My one experience with restitution was that the individual didn't pay. And when I asked the probation officer about that, he looked at me as if I were speaking a foreign language. I was told point blank that restitution wasn't going to happen, no matter what the judge said. (that said, it was in another state and I'm not sure it works that way here)

just_another_bozo_on_this_bus 2 years, 9 months ago

"I was told point blank that restitution wasn't going to happen,"

I believe the term for that is "getting blood from turnips."

Or not.

jhawkinsf 2 years, 9 months ago

If the judge knows it's a farce and if the probation officer knows it's a farce, then they're perpetuating a fraud on the public. Shame on the criminal for committing their crime and shame on those officers of the court for lying to the public.

just_another_bozo_on_this_bus 2 years, 9 months ago

Whether restitution can be collected will vary from person to person. Better to have the sanctioned levied, in case collection is possible, than to not do it at all, no?

jhawkinsf 2 years, 9 months ago

I wasn't trying to get blood and he wasn't a turnip. He was a thief, already on probation for other acts of theft. Probation alone (again) will only encourage more thievery. I told as much to the judge during my victim impact statement. Whether or not his court appointed interpreter told the thief or not, I don't know. If a victim impact statement is not understood by the guilty party, then why have one? If restitution will not happen, then why the farce? A system that encourages a near certainty of additional crime is a system that is broken.

grimpeur 2 years, 9 months ago

He should have struck the victim with a car. Then he could say he didn't see him. Or he didn't mean to. Seems to work here.

somedude20 2 years, 9 months ago

he should fight himself for being a tool

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