Father Faces Prison For Protecting Daughter

[Jeff]

How screwed up we are getting, this man should get a award for beating the hell out of this pervert, I have to be honest if it had been my kid I am not sure the pervert would be around to be charged, but seriously the guy caught a serious A$$ beating for being a filthy pervert , seems fair to me but the Father is now facing a stiffer charge than the pervert was and may wind up doing time.



Emilio Chavez III found the pervert, Dylan Maho, standing outside his daughter’s window naked and making noises. The angry father beat Maho so badly that Maho needed hospitalization. Now, both men will face felony charges, but Chavez faces the more severe penalty. The police released Chavez after questioning him about what happened, but once the District Attorney took over, he chose to charge the heroic dad with felony-aggravated battery – a charge that could carry a three years sentence in prison. The pervert, Dylan Maho, will be charged with felony voyeurism which carries a max sentence of 18-months in prison.


http://eaglerising.com/1733/father-faces-prison-protecting-daughter/

[revelarts]

...I am sorry that I will not be called to serve on the jury that tries this protective dad. If I were, he would be guaranteed to walk out of the courtroom a free man. I don’t condone vigilante justice, but there is a difference between finding a pervert at your daughter’s window and searching the streets for criminals to beat up. As a father, this man obviously knew that his daughter was in danger… if not this night, probably in the future.
Simply calling the police while the man fled the scene was not the right thing to do … he reacted appropriately and should be commended, not punished....


my sentiments exactly

[Arbo]

How screwed up we are getting, this man should get a award for beating the hell out of this pervert, I have to be honest if it had been my kid I am not sure the pervert would be around to be charged, but seriously the guy caught a serious A$$ beating for being a filthy pervert , seems fair to me but the Father is now facing a stiffer charge than the pervert was and may wind up doing time.

I agree someone like Maho needs to be put away. But the way the legal system works, unfortunately some times, us 'normal' citizens can not be the law, judge and jury.

If the guy plays it right, and get's a good jury, he can probably get out of it with no time though.

[Jeff]

I agree someone like Maho needs to be put away. But the way the legal system works, unfortunately some times, us 'normal' citizens can not be the law, judge and jury.

If the guy plays it right, and get's a good jury, he can probably get out of it with no time though.

your exactly right our legal system isn't perfect but it is the best I know of , but in cases like this I wish we could change it, and I sure hope he does beat jail time

[Gaffer]

It's not the legal system that's screwed up here, it's the damn prosecutor charging someone for defending their family. I've seen to many of these cases where prosecutors want to prosecute everybody for anything they can.

He didn't take the law into his own hands, that's just attorney speak for he didn't really do anything wrong but we're going to charge him anyway.

He should plead temporary insanity.

[logroller]

Charged isn't convicted. I don't think he'll have a hard time finding a sympathetic jury.

[Larrymc]

How screwed up we are getting, this man should get a award for beating the hell out of this pervert, I have to be honest if it had been my kid I am not sure the pervert would be around to be charged, but seriously the guy caught a serious A$$ beating for being a filthy pervert , seems fair to me but the Father is now facing a stiffer charge than the pervert was and may wind up doing time.





http://eaglerising.com/1733/father-faces-prison-protecting-daughter/Maybe the DA had something in common with this Pervert?? Why else would he find a problem with the Dad? Hopefully the community will raise up against this Idiot.

[Arbo]

It's not the legal system that's screwed up here, it's the damn prosecutor charging someone for defending their family. I've seen to many of these cases where prosecutors want to prosecute everybody for anything they can.


Mmm.. the prosecutor is doing their job, which is following the law. It is the law that says beating up someone that is presenting to physical threat to you is wrong. Dude standing outside a window as this one was, is easy enough to hold at gun point until the cops come, or quick take down and detain until the cops show up, taser and detain, etc.

[logroller]

Maybe the DA had something in common with this Pervert?? Why else would he find a problem with the Dad? Hopefully the community will raise up against this Idiot.
Why else? Well before you grab your pitchfork and light your torch, perhaps it may be that someone beating someone so bad they require hospitalization is typically a crime and district attorneys are who bring such charges. The state's attorneys acquiescing to the emotional demands of the public is no way to operate a justice system-- consider the Zimmerman case as an example. Hopefully the community gives this guy a fair trial and he'll be exonerated of wrong doing.

[Larrymc]

Mmm.. the prosecutor is doing their job, which is following the law. It is the law that says beating up someone that is presenting to physical threat to you is wrong. Dude standing outside a window as this one was, is easy enough to hold at gun point until the cops come, or quick take down and detain until the cops show up, taser and detain, etc.You either have no children, our have an unnatural tolerance for their humiliation and or abuse.

[Arbo]

You either have no children, our have an unnatural tolerance for their humiliation and or abuse.

Niether. I simply understand and respect the law, even though many of them I disagree with. We are after all a nation of laws, if we disregard this one or that one because we do not like it and expect zero punishment, wouldn't that make us like those that come here illegally?

[Gaffer]

I didn't notice if there was mention of it, but did the perv press charges? If not the DA is acting solely on his own.

[Larrymc]

Niether. I simply understand and respect the law, even though many of them I disagree with. We are after all a nation of laws, if we disregard this one or that one because we do not like it and expect zero punishment, wouldn't that make us like those that come here illegally?Not at all Though we are a Nation of laws until fairly recent years, we also had a much lower tolerance when it comes to our children, and such cases would not be popular to bring to trial, like the recent case it Texas were a father beat a pervert to death, No Charges, because it would have been a circus had they tried, there has always been exemptions especially when a child is involved.

[Larrymc]

I didn't notice if there was mention of it, but did the perv press charges? If not the DA is acting solely on his own.If he hasn't, he will now, and why not he apparently has the right DA for it.

[logroller]

I didn't notice if there was mention of it, but did the perv press charges? If not the DA is acting solely on his own.
It may vary by state, but I believe most felony charges can only brought by the People, not by individual petition. In some cases, a victim can even be compelled to testify.

[tailfins]

It's not the legal system that's screwed up here, it's the damn prosecutor charging someone for defending their family. I've seen to many of these cases where prosecutors want to prosecute everybody for anything they can.

He didn't take the law into his own hands, that's just attorney speak for he didn't really do anything wrong but we're going to charge him anyway.

He should plead temporary insanity.

Of course, it's a huge money maker. They can size up the defendant before deciding how much money to extort. The prosecutor can say: "I will drop the charges in exchange for court costs" Of course the "court costs" will be loaded with all kinds of fees and can approach $1,000.

[tailfins]

Mmm.. the prosecutor is doing their job, which is following the law. It is the law that says beating up someone that is presenting to physical threat to you is wrong. Dude standing outside a window as this one was, is easy enough to hold at gun point until the cops come, or quick take down and detain until the cops show up, taser and detain, etc.

Wrong: That's assault with a deadly weapon.


At common law (http://en.wikipedia.org/wiki/Common_law), an assault is an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.


http://en.wikipedia.org/wiki/Assault

[logroller]

Not at all Though we are a Nation of laws until fairly recent years, we also had a much lower tolerance when it comes to our children, and such cases would not be popular to bring to trial, like the recent case it Texas were a father beat a pervert to death, No Charges, because it would have been a circus had they tried, there has always been exemptions especially when a child is involved.

It wasn't because it wouldn't be popular or a circus. A grand jury decided the case didnt merit charges based upon it being an aggravated sexual assault, not due to an exemption based upon a child being involved. I'm sure that made the case a no-brainer. By nonetheless, it was decided by due process, a grand jury, not some arbitrary discretion swayed by public fervor.


A Texas father walked in on his five-year-old daughter being molested and wasted no time in beating the man to death. The grand jury found the dad not guilty due to a state law that allows deadly force to be used to stop an aggravated sexual assault. http://thelibertarianrepublic.com/texas-dad-beats-his-daughters-child-molester-to-death-he-wont-be-charged/#.UjRzeWS9LTo

[Arbo]

Wrong: That's assault with a deadly weapon.

If your story is you were detaining a bad guy while awaiting police arrival, and bad guy is alive and not had the crap beaten out of him (vs beating the crap out of him) odds are probably better that a jury will side with you.

[logroller]

Wrong: That's assault with a deadly weapon.




http://en.wikipedia.org/wiki/Assault
Or not.
New Mexico has no statute on citizen's arrest. Instead, our courts have continued to recognize the Common Law concept, ruling that a private citizen can detain a fellow private citizen when there is at least probable cause to believe that the fellow citizen has committed a felony-level crime or a breach of the peace in his presence. Please note that there are specific statutes for security guards which I am not addressing today.

Read more: http://www.abqjournal.com/biz/24222721biz01-24-11.htm#ixzz2esak7MAO
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[WiccanLiberal]

While I am sure that the naked idiot was up to no good and certainly should have been apprehended, the family was in no immediate danger of anything but seeing something they did not wish to. The irate father should have removed his children to an area of the house away from the flasher and called 911. If possible a few photos would have served to identify Mr. Showoff who was already apparently well known in the neighborhood. The father has risked his future freedom and ability to provide for his kids for the sake of an unnecessary assault. Different story entirely if this asshat was trying to touch the child.

[hjmick]

There is a little thing called "prosecutorial discretion." The DA didn't have file charges. He had better hope this guy wants a plea deal. I just left Albuquerque after living there for three years and I don't think there are twelve people anywhere in New Mexico who will convict this guy.


I will add, the court system in Abq. is very political, perhaps more so than I've seen anywhere else I've lived.

[logroller]

There is a little thing called "prosecutorial discretion." The DA didn't have file charges. He had better hope this guy wants a plea deal. I just left Albuquerque after living there for three years and I don't think there are twelve people anywhere in New Mexico who will convict this guy.


I will add, the court system in Abq. is very political, perhaps more so than I've seen anywhere else I've lived.
I said early on a sympathetic jury could be found. I don't believe a jury would convict. But prosecutorial discretion is not something that should be suggested without all the available facts. It isn't fair to assume that the DA didnt consider such based on an article that is extremely biased. It is possible that some facts were omitted because they didn't fit the narrative.

I'll tell you what though, where I grew up the DAs were extremely political too. They busted a child molestation ring and after 20 years in prison the guilty were exonerated based on evidence the entire case was fabricated by the DA, complete with coaxed accusations from children. Then one of the asst DAs, my neighbor actually, was murdered by a retired cop who blamed him for his sons death. Apparently the kid was troubled, the DA guy had a personal interest in the kid, possibly sexual in nature and used his discretion to get him suspended sentences and during this period kid was high and drunk and died in a car accident. Guy confronted the DA at his house and stabbed him to death. He was convicted of murder.

So given this experience, I'm not keen on prosecutorial discretion. Let a judge/jury decide it-- that's how our system was designed to work.

[Thunderknuckles]

The father will get either a sympathetic jury or straight up jury nullification. He's gonna walk and rightfully so.