The Almighty Alcalde got into the act this weekend criticizing Brandenburg for her penchant to plead repeat offender DWI cases.
"There has been a dramatic drop in the number of these (enhancements) being brought. They are being plea-bargained out. The end of that is that sentences are lenient and so people are committing ... these violent felonies with a modicum of impunity," Chávez said.DWI is certainly a problem but the DA's questionable calls extend beyond the field of intoxicated driving and right into homicide prosecution.
"That is simply not acceptable. You can't plea-bargain out habitual offender status."
But Brandenburg said the statistics released by the Mayor's Office are not valid and called Chavez's plan "insane."
You may have heard or read a story about the Ngyuen brothers. They were accused of murdering 17 year old Aaron Ferrell in 2007. Our Eyes tell us that back in 2007 the Ngyuen brothers were present while there friend was involved in an altercation over a girl with the victim Aaron Ferrell at Mariposa Park in Taylor Ranch.
According to our Eyes The Ngyuen's friend wasn't faring so well so Linh and Tam Ngyuen went to their car and retrieved a 9mm handgun and returned to shoot Ferrell. The two continued to fire on bystanders as they retreated to their vehicle and even after driving off. Shell casings from the weapon lead from the scene of the shooting all the way back to the parking lot and out into the street.
When officers arrived, Ferrell was alive and managed to indicate to officers who had shot him. Later officers managed to get a positive ID from witnesses using a line-up.
Our Eyes insist that the investigation and identification of the Ngyuen brothers as suspects was done by the book and that APD handed the DA a solid case. Friday, the DA's office told Ferrell's family that they intend to drop murder and other charges against the pair.
The family told News 13 that prosecutors are recommending that the Nguyens only be charged with firing a gun from a moving vehicle.Last week the family spoke out in a heavily edited letter to the editor in the Albuquerque Journal.
"That's the only charge they feel they can get right now," Ferrell's cousin Carla Serna Darling said. "Basically all the other charges, the first degree murder charges, the tampering with evidence, the hiding the gun, they've all been dropped."
OUR SON, Aaron, was killed on Aug. 30, 2007, in an altercation ... at Mariposa Park in Albuquerque. We met with prosecutor, Judith Faviell. ... We were told that in her professional opinion she has no case to prosecute ... because an adolescent on our son's side shot first.We don't know where this issue of self-defense came from. According to our Eyes the Ngyuen brothers left the fight, went to their car and retrieved a 9mm (possibly two) and returned to the fight where they shot Ferrell. There's absolutely zero chance that the Ngyuens can plead self-defense when they had ample opportunity to get in their car and leave the scene safely. By definition they were not in imminent danger, and therefore their claim of self-defense is specious at best.
We asked many questions and they were all answered with “self-defense.” We still have many questions and we feel that “self-defense” cannot be the only answer. We sincerely believe that the case involving Aaron's death should be decided by 12 jurors after they hear all facts and statements by witnesses. ...
We are not asking for favors. We are asking that all facts and witnesses be heard by 12 jurors, and that they be allowed to determine if the accused was acting in self-defense or if he is totally innocent. We ask this for peace of mind for both families.
MARY DUNEMAN The Family of Aaron Ferrell, Albuquerque
What's worse is that Brandenburg's office isn't even willing to present the case to a grand jury. They'd rather let two alleged murderers walk than tie up the courts with a difficult case. On the other hand, Brandenburg is more than willing to prosecute a decorated Marine who never disengaged from his assailant and was forced to use his weapon after doing everything possible not to do so.
The DA's job is to prosecute crime - not to protect the system. The Ngyuens are of course innocent until proven otherwise, but it should be up to a jury to decide the issue not a DAs office that seems to be unwilling to face a trial that actually involves criminals.
26 comments:
Marty shouldn't be complaining about the way Brandenburg handles DWI cases, after all, he has had a couple of situations involving DWI that most of Albuquerque doesn't know, and they never even went to court. I wonder how normal citizens can join the club. We usuually get pulled over because of "reasonable suspicion" rather than "probable cause" and the cops don't even need a warrant acquired by a sworn affirmation, particularly listing what the cops are looking for. I find that interesting!
Yet again, another instance of kari's desire to make things easy for her, despite the harm it causes others. I find it an extreme coincidence that Kari didnt mention this until less than a WEEK after her election. She is a true piece of crap, I wish we could impeach her!
Whether you think she's doing a good job or not, the majority of voters in Bernalillo County would rather she be DA than Lisa, which is the only thing that matters.
And how long do you plan on dwelling on the Elton Richard case? Find something new to complain about.
Hmmmmm is Marty running for reelection or what?
It is a shame that the voters have not really kept tabs on what is going with crime in Alb. repeat offenders know that the judicial system here is nothing more than "A MICKEY MOUSE COURT" From the Prosecution to the Judges. Metro or district it does not really matter. With Liberal sentiment always being in favor of the criminals and screaming that the police are nothing but jack booted thugs, it might be time to let crime run amuck so people will start screaming at the criminals and actually supporting the Police.
P.S. Good job to Deputy Armijo who got a conviction on the speedvan parking ticket!!
Brandenberg got lucky with the Democrat wave this election. All things being equal she would have (and should have) lost. Now we're stuck with her and her crew of bleeding heart, ACLU types for another four years as they keep the streets of Albuquerque safe for crime. Poor, poor criminals. No one but the DA and her assistants really understand you.
You'll get over it...........
Brandenberg winning shows exactly what we will get if Marty runs again. Marty's machine was worried that Kari would lose and they got their people (lemmings) to vote for her. If you don't have a mind of your own then vote for Marty and the local democrats.
Restoring our civil liberties is a goog thing ..... It's the lawful thing to!
Marty thinks DWI is a "violent felony"? What a hypocrite.
DWI is not a violent felony Marty. Repeatedly beating your wife to the point that the alarm room dispatches a Rescue to your house is.
and what about making the CADS disappear from computer records, when officers that were there are still working. Marty, thats a felonY!
The love affair did not last long between Marty and Kari. Now she is mad at him for his statement. If it was'nt for Marty, she would of lost the election. Be careful what you ask for Kari, you just might get it.
Well think of what you want to about kari but she finally stood up to the lazy non-detective cops in the homicide unit. So much for their high clearance rate that is submitted by apd. come on, we know how stats are done. So 5th floor when are you going to do something about the violent crimes unit and replace them with cops that we can be proud of like it use to be.
the cops in homicide unit need to retire already! starting at the Sergeant. They are staying past their 20 years cause they know the real civilian world is a place they wont survive.
Interesting that Paul Richard was found not to be defending himself in a situation where he clearly was, and these two were found to be defending themselves under circumstances that lend themselves less well to the argument of self defense.
Isnt it weird that the brothers paid CASH (over 15k) each for their attorney. WOnder how much their families donated to brandenbergs reelection
ched, I'm not sure how shooting someone in the back after chasing them over a mile qualifies as "self defense." I believe the legal term is actually "vigilantism."
Someone forgot to tell Elton that you're supposed to just tie the bad guy up and leave a note on him for the cops signed off by their friendly neighborhood spider-man.
Kari is nothing but political. That is all she is worried about. Look at x apd officer camacho. His dad went for his gun and they charge him with murder. But before he even gets charged with any crime he is fired from apd. And shultz was visiting with the DA before his IA interview. Thats the kind of people we need leading our law enforcement and court system to defend the public.
Basic tenant of self defense is not re-engaging. If in fact they had walkd away and then returned they lose self defense claims unless an entire new incident occurs after their return.
On the other hand, if they didn't have to walk away and arm themselves then we have to assume they went there armed in the first place, ergo, looking for trouble.
GREAT>.. so these brothers who went to their car, got the guns and re-engaged, shooting aimlessly into the crowd as they drove away-- ARENT self-defense.
Re-Engage?? so whats the different if your chasing someone to engage them or going back to engage thme. Elton John Richard???
i never said there was a difference, once the threat is gone, there is no self-defense.
kari has no qualms bringing officers to grand juries (ones that are later found not guilty), how come she has a problem letting grand jury decide on the brothers.. the brothers who were put in same cell- etc.. of course they had time to concoct their story.
Sounds like "Dog" the bounty hunter to me.
And belief me there are some in this city that are imitating him.
As a civilian I did some recon on this guy 'cuz he lives in my neighborhood & is always speeding & putting on his flashers. He's a "skateboarder" type, 20 or so. I went into the pet store where I disovered he works and randomly engaged him in conversation about his vehicle & if he's ever been stopped & he was more than happy to recount the numerous times he's been pulled over and cited. He went on to brag about how he always beats the rap against the "stupid cops" in court. For someone that hates & disrespects law enforcement so much I wonder why he acts like a wanna-be cop?
when is the last time an on-duty police shooting went to a grand jury? its been a long time, be careful about saying anything about the Camacho case unless you know what you are talking about.
So to those who believe the brothers were shooting from a car are full of it. And they also didn't leave the scene the cars were there. So get your shit straight before you say something. This is why America is so messed up.
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