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GoogleVillatoro was accused of a probation violation in connection with a March 2009 arrest and subsequent charges of class A misdemeanor domestic assault in the 3rd degree, and for class A misdemeanor resisting or interfering with arrest, detention or stop.
The probation violation grew out of another charge of class A misdemeanor domestic assault in July 2009, involving the same victim.
On the probation violation, Villatoro was sentenced to one year in Saline County Justice Facility, with a suspended execution of sentence in favor of two years of court-supervised probation. For the July assault, Villatoro was sentenced to two years of probation, suspended imposition of sentence. In both cases, the conditions of probation include no contact with the victim of the assaults.
The sentences will be served concurrently.
Contact Kathy Fairchild at marshallhealth@socket.net
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I was thinking of the earlier story. I could have been clearer in my comment. Sorry.
Also note: The judge *was* identified in this story.
"Most people who live here know that Judge Dennis A. Rolf presides in the Circuit Court and Judge James T. "Tut" Bellamy presides in the Associate Court."
That makes the line of responsibility clear.
Most people who live here know that Judge Dennis A. Rolf presides in the Circuit Court and Judge James T. "Tut" Bellamy presides in the Associate Court. When they are not available, Judge Hugh Harvey steps in now and then. When other judges preside, as they occasionally do, it's duly noted.
Kathy,
The laws are in place, it's not the legislative representatives fault that judges and prosecuting attorneys skirt around the laws with all of the plea bargains. You have to admit that it makes no sense to put someone on probation, then when they violate their probation and commit a new crime, the old probation is rewarded with new double probation and an SIS so in the end it never happened and you have no criminal record. If you can't follow the rules the first time, why are you again given probation???
"Suspended imposition of sentence," "suspended execution of sentence," and "probation" are all useful tools for first offenders and for those who have demonstrated that they are WILLING and ABLE to reform. For them these techniques save personal futures and public dollars -- that is good. They have a place. And they should be used. However, because these techniques are cheap on the public purse, the incentive is to overuse them in the face of failure.
For a persistent offenders like Mr. Villatoro or Mr. Berger (see D-N story on October 27th), probation is a reward for gaming the system. Believe me, these guys know it (my criminal client's always knew the discounted "street value" of their crime). It is the most penny wise, dollar foolish policy that the criminal justice system can adopt. Probation, for them, is a giant "catch and release" program for the bigger fish which lets them grow into even bigger, more dangerous creatures. The average murderer has over 8 prior arrests (and near the same number of convictions). Now you know why.
No one can guarantee the future. However, we can say with certainty that if a dead domestic violence victim's spouse had been in jail or prison on that day, he wouldn't have killed her THAT afternoon. The one thing incarceration guarantees is today's safety for the offender's targets. That's a desirable result.
It is not the prosecutor's nor the judge's job to find space to house convicts. Their job is bring appropriate charges and impose appropriate sentences. If they will not do that, they are the wrong people for the responsibility and they should be replaced at the next election.
It would help if the D-N's articles always noted who the sentencing judge was. Someone might want to keep score.
Gumby: Nope, never been on probation, have barely gotten so much as a traffic ticket, but I have the paperwork for all the rules that have to be followed. It's not a path I'd care to walk. It's difficult to complete and pretty easy to get distracted, it seems to me. It takes a lot of work, as is appropriate.
I don't think the appropriate place for every offender is jail or prison, though, and the courts seem to be favoring community-based treatments and directions now. The only thing you can do is talk to your legislative representatives and work on getting the laws changed - are you doing that?
For a probation violation, he get MORE probation.
For domestic assault, he gets MORE probation.
Bad dog, bad dog, here's another cookie. "Stop that!"
Mr. Villatoro has PROVEN that he isn't gonna learn from probation. So he gets more. I'm missing something here.
The question that arises next is this: when (not if) he beats his domestic partner to a pulp or kills her or one of their children, will he get 5 years or 10 years of MORE probation?
granny08
First all have you been on probation?? Kind of an insulting question isn't it!!
I also stated I have been around the court system for over 25 years, so yes I do know a little about what I'm talking about.
Finally I'm not attempting to be hard on Kathy, she can stand up for herself very well!...lol
Gumby
Wow! You stated you have not been on probation so I am guessing you really don't know what it entails exactly. Don't be so harsh on Kathy.
Thanks
Kathy,
Have you ever been on probation or parole? I have not! You are quick to uphold whatever the courts throw out there? Probation is nothing as you can see from this case. If you violate probation and commit another crime, you just get put on double probation. And as a bonus you get an SIS on top of it.
I have seen these cases get worse over the last 25 years of my career. I must honestly and fully disagree with you. I've seen this over and over and the courts become a laughing stock. The judges in saline county don't even make most of the inmates that are sentenced to the county jail to pay board bills as they should have to by law. A few work release inmates pay, but the inhouse inmates are not held to any standard to repay the county for their board bill, why not?
I'm not against attempting to turn first time offenders around, but there comes a time for the courts to take a stand!
Gumby, have you ever been on probation? It's not quite the walk in the park you seem to think it is. Granted, it's not being in jail or prison, but it's definitely going to put a crimp in your plans.
So what the article is saying is that he recieved NOTHING! Probation on top of probabtion, suspended execution of sentences, sentences running concurrent and suspended imposition of sentences.
Like I said, He got NOTHING! Thank You Prosecuting Attorney and Judge!