'I Want the Sentence to Hurt': Judge Heavily Fines But Doesn't Jail Kentucky Couple Who Breached Cap
Source: Law & Crime
Capitol on Jan. 6
A federal judge who imposed the highest possible finebut no prison timeas punishment for breaching the U.S. Capitol building on Jan. 6 said that he wanted the sentence to send a message.
I want the sentence to hurt, U.S. District Judge Reggie Walton said during a sentencing hearing for Lori and Thomas Vinson on Friday. People have to understand if youre doing something like this, its going to hurt.
The Vinsons, a married couple from Kentucky, pleaded guilty in July to a misdemeanor charge of parading, demonstrating, or picketing in a Capitol building. The charge carries a potential sentence of up to six months in prison, in addition to a fine up to $5,000.
Prosecutor Mary Dohrmann had asked for Lori to be sentenced to 30 days in prison, largely because of public comments she made after losing her job as a nurse when her employer discovered that she was in the Capitol on Jan. 6.
Read more: https://www.msn.com/en-us/news/crime/i-want-the-sentence-to-hurt-judge-heavily-fines-but-doesnt-jail-kentucky-couple-who-breached-capitol-on-jan-6/ar-AAPQ9ng
Yo_Mama_Been_Loggin
(108,364 posts)A federal judge said Friday that defiant US Capitol rioters, who are still defending their role in the January 6 insurrection, are fueling threats against judges from people who falsely believe the 2020 election was stolen from former President Donald Trump.
"It bothers me that she would try to associate herself with that type of violence... and then she goes on television on two occasions and is proud of what she did, and says she would do it again," district Judge Reggie Walton said at a hearing for Capitol riot defendant Lori Vinson.
"I know that these types of comments have an impact," Walton added. "As judges, we're getting all kinds of threats and hostile phone calls when we have these (January 6) cases before us, because there are unfortunately other people out there who buy in on this proposition, even though there was no proof, that somehow the election was fraudulent."
These comments came at a sentencing hearing for Vinson and her husband, Thomas Vinson. Walton gave them each five years of probation and a $5,000 fine -- the maximum allowed, and the largest for a Capitol rioter so far. Prosecutors asked for a month in jail for Lori and house arrest for Thomas.
https://www.msn.com/en-us/news/us/were-getting-all-kinds-of-threats-judge-says-defiant-us-capitol-rioters-are-fueling-anger-from-disgruntled-trump-supporters/ar-AAPPSF5
dchill
(38,578 posts)A considered amount of jail time would be good, too.
barbtries
(28,817 posts)ZonkerHarris
(24,279 posts)OldBaldy1701E
(5,190 posts)I bet they will not be able to stop themselves from violating that probation because they love the spotlight that social media gives them and they have an army of people who will back them up as well as donate to help ease the burden of the fines. Lock them up now and save us all the hassle of dealing with them later.
barbtries
(28,817 posts)they live in KY and it's doubtful any probation officer is going to be checking up on them imo. it's the $10,000 they have to pay that will hurt.
Demobrat
(9,015 posts)Jail would hurt a lot more.
DallasNE
(7,404 posts)lagomorph777
(30,613 posts)That's not Judge Walton's fault, but DOJ should be ashamed. Insurrection, a felony, is the appropriate charge.
jaxexpat
(6,865 posts)Oh, but they're not the descendants of freed slaves, I forgot. Yes, the lighter(skinned)sentence is totally appropriate here!
This revelation of actual reality in the US is, unfortunately, NOT for too much of the nation.
treestar
(82,383 posts)Insurrection would mean a lot more.
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States. 18 USC 2383
How were they to prove an intent to overthrow the government? You suppose that's easy?
Also, look at the sentence. I'll bet it's not enough.
SergeStorms
(19,204 posts)to sit through a presentation about the TRUTH of the 2020 election, explaining how election officials said it was one the cleanest elections in history, and then a synopsis of TrumpCo.'s 100+ baseless lawsuits that were all dismissed for lack of evidence.
Then they could touch on the Arizona fraudit, pillow man's psychotic ramblings, the Qanon hoax, and any other lying Trump scumbags who've been selling these poor stupid assholes a pig-in-a-poke.
EDUCATE these poor dumb shits, and snap them back to reality. Enough of this alternate reality shit. SHOW THEM what a lying, grifting shithead Trump is, and how he's appropriating all their money with his lies.
That would be MY SENTENCING MANDATE!
The Magistrate
(95,263 posts)The money and a stern tongue-lashing is practically instruction to go try again....
eppur_se_muova
(36,309 posts)Grins
(7,246 posts)They got 120 hours of community service. Basically every weekend for two months. (And thats assuming they each get 120 hours, and not 60 each.)
The freaky part to me is that this is the penalty the Reich-wingers scoff at when given to the poors.
Response to The Magistrate (Reply #2)
Chin music This message was self-deleted by its author.
Response to Yo_Mama_Been_Loggin (Original post)
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lagomorph777
(30,613 posts)Response to lagomorph777 (Reply #18)
Chin music This message was self-deleted by its author.
NurseJackie
(42,862 posts)... I doubt that anything the judge did would satisfy those who are demanding their pound of flesh. But I trust that the judge is making the best decisions possible based on the evidence and circumstances.
MyOwnPeace
(16,946 posts)SHOULD give them 'pause to think' - IF they are even capable of that........
ancianita
(36,186 posts)former9thward
(32,111 posts)Especially for a misdemeanor conviction. Its a threat but just that. Judges and prosecutors know there is no room in jails for every violation.
ancianita
(36,186 posts)Calista241
(5,586 posts)bottomofthehill
(8,353 posts)If you asked any of the hundred and fifty cops if they thought a fine was enough, if you asked and of the staff that was there, locked behind closed doors hiding, if you ask the members of Congress who the crowd was hunting, do you think a fine is enough, I dont think they would agree. They were out for blood. The people who were there were put in harms way by this mob. Forget that it was an attack on our democracy, there is a human toll. If they entered the capitol, they put lives at risk, they caused death, they ended careers, their actions put people in treatment. If they did this to your home or place of employment, you should not think this is enough.
NurseJackie
(42,862 posts)I believe that the prosecutors and judges are looking at each case individually and what their specific (provable, demonstrative) actions were (or what their confessed actions were,) rather than simply saying "you were there... off to the gallows!"
lagomorph777
(30,613 posts)Anybody who breached the Capitol that day should face felony charges.
NurseJackie
(42,862 posts)Is that what they pleaded guilty to?
Bob_in_VA
(89 posts)If it can be determined that they were part of a criminal conspiracy, even minimally, they could be charged with a felony. Just like the getaway car driver can be prosecuted for murder if one of the robbers kills someone in the course of the bank robbery. He might not have known that it happened but he was part of the crime.
I don't know what the law is in DC but in some states being a part of a mob means that you are criminally liable for any unlawful acts committed by any person in the mob.
bottomofthehill
(8,353 posts)The House and Senate were put in recess because of the people in the building. They thus caused the disruption of the vote count. The justice department chose not to charge the felony count although they clearly were.
Response to lagomorph777 (Reply #19)
Chin music This message was self-deleted by its author.
Response to bottomofthehill (Reply #9)
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MyOwnPeace
(16,946 posts)are trying to 'pretend' it never happened - or was a 'typical' tourist day.
Two questions:
1. How can those cowards live with themselves?
2. How will DEMOCRACY survive?
bottomofthehill
(8,353 posts)Will I be able to make a statement at sentencing?
Except in limited circumstances, under federal law, victims have the right to not be excluded from public court proceedings, including sentencing. Victims also have the right to be reasonably heard at sentencing. This is done through a Victim Impact Statement
What is a Victim Impact Statement?
It is important for the Court to know the impact this crime has had on its victims. Victim impact statements describe the emotional, physical, and financial impact you and others have suffered as a direct result of the crime. Victim impact statements can be either written or oral statements.
Written impact statements are submitted to the United States Attorneys Office and then forwarded to the U.S. Probation Office to be included as part of the Presentence Investigation Report. This report is then submitted to the judge prior to sentencing. Your written statement allows the judge time to re-read and ruminate on your words prior to making a sentencing decision. Since some victims are uncomfortable with completing a formal written statement for review, you can also consider wtriting a personal letter. It is important to know written Victim Impact Statements are usually seen by the defendant and the defense attorney however, they are filed under seal so they aren't part of the public record and any personal information such as your name is redacted.
An oral statement at the sentencing allows the judge to hear your voice and its inflections and to put a face to the crime committed. If you would like to speak at the sentencing, it is important to contact the U.S. Attorneys Office Victim Witness Coordinator as soon as possible. The Victim Witness Coordinator will help you prepare to provide an oral statement.
You also have the option to submit a written statement AND give an oral statement at sentencing. Your oral statement can be new or you can read the written statement you previously provided. Combining a written statement with an oral statement during the sentence hearing can be especially impactful and helpful to the court.
What is the purpose of a Victim Impact Statement?
It provides an opportunity to express in your own words what you, your family, and others close to you have experienced as a result of the crime. Many victims also find it helps provide some measure of closure to the ordeal the crime has caused.
The victim impact statement assists the judge when he or she decides what sentence the defendant should receive. Although the judge will decide the defendants sentence based primarily on the pre-sentence report and certain sentencing guidelines, the judge should consider your opinion before making a decision.
Finally, it includes a financial loss statement which is used to verify and assess the financial impact of the crime upon you. This information is used by the Judge to determine any money the defendant may have to pay you for expenses you have paid or money you owe because of the crime. When the judge orders the defendant to pay the victim it is called "restitution." If the judge orders the defendant to pay you restitution, there is no guarantee that the defendant will be able to pay you the entire amount ordered.
https://www.justice.gov/usao-ak/victim-impact-statement
Response to NurseJackie (Reply #5)
Chin music This message was self-deleted by its author.
NurseJackie
(42,862 posts)... then everyone will continue to be disappointed.
Response to NurseJackie (Reply #25)
Chin music This message was self-deleted by its author.
NurseJackie
(42,862 posts)Goodbye.
Response to NurseJackie (Reply #27)
Chin music This message was self-deleted by its author.
Kaleva
(36,372 posts)There's no way to find out. I myself don't think so but I'm just one single DUer.
NurseJackie
(42,862 posts)I did not call you names.
Response to NurseJackie (Reply #34)
Chin music This message was self-deleted by its author.
NurseJackie
(42,862 posts)But I think it's worth pointing out to other readers that you're wrong and that this way of thinking serves no good purpose. I understand the anger and frustration (if that means anything to you) but it's just unrealistic to expect the emotionally satisfying (figurative) firing-squad punishments that people seem to want. We don't just make things up as we go along, and that's what so many appear to be advocating for. Nothing less will do other than chopping off their hands, or a noose around their neck at public gallows. It's anger-driven revenge, and that's not how things work.
Response to Chin music (Reply #38)
Wuddles440 This message was self-deleted by its author.
bottomofthehill
(8,353 posts)503.18.
§ 10503.16. Unlawful conduct.
(a) It shall be unlawful for any person or group of persons:
(1) Except as authorized by regulations which shall be promulgated by the Capitol Police Board:
(A) To carry on or have readily accessible to the person of any individual upon the United States Capitol Grounds or within any of the Capitol Buildings any firearm, dangerous weapon, explosive, or incendiary device; or
(B) To discharge any firearm or explosive, to use any dangerous weapon, or to ignite any incendiary device, upon the United States Capitol Grounds or within any of the Capitol Buildings; or
(C) To transport by any means upon the United States Capitol Grounds or within any of the Capitol Buildings any explosive or incendiary device; or
(2) Knowingly, with force and violence, to enter or to remain upon the floor of either House of the Congress.
(b) It shall be unlawful for any person or group of persons willfully and knowingly:
(1) To enter or to remain upon the floor of either House of the Congress, to enter or to remain in any cloakroom or lobby adjacent to such floor, or to enter or to remain in the Rayburn Room of the House or the Marble Room of the Senate, unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room;
(2) To enter or to remain in the gallery of either House of the Congress in violation of rules governing admission to such gallery adopted by that House or pursuant to authorization given by that House;
(3) To enter or to remain in any room within any of the Capitol Buildings set aside or designated for the use of either House of the Congress or any member, committee, subcommittee, officer, or employee of the Congress or either House thereof with intent to disrupt the orderly conduct of official business;
(4) To utter loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds or within any of the Capitol Buildings with intent to impede, disrupt, or disturb the orderly conduct of any session of the Congress or either House thereof, or the orderly conduct within any such building of any hearing before, or any deliberations of, any committee or subcommittee of the Congress or either House thereof;
(5) To obstruct, or to impede passage through or within, the United States Capitol Grounds or any of the Capitol Buildings;
(6) To engage in any act of physical violence upon the United States Capitol Grounds or within any of the Capitol Buildings; or
(7) To parade, demonstrate, or picket within any of the Capitol Buildings.
(c) Nothing contained in this section shall forbid any act of any member of the Congress, or any employee of a member of the Congress, any officer or employee of the Congress or any committee or subcommittee thereof, or any officer or employee of either House of the Congress or any committee or subcommittee thereof, which is performed in the lawful discharge of his official duties.
bottomofthehill
(8,353 posts)§ 10503.18. Prosecution and punishment of offenses.
(a) Any violation of § 10-503.16(a), and any attempt to commit any such violation, shall be a felony punishable by a fine not exceeding $5,000, or imprisonment not exceeding 5 years, or both.
(b) Any violation of § 10-503.12, § 10-503.13, § 10-503.14, § 10-503.15, § 10-503.16(b), or § 10-503.17, and any attempt to commit any such violation, shall be a misdemeanor punishable by a fine not exceeding $500, or imprisonment not exceeding 6 months, or both.
(c) Violations of this part, including attempts or conspiracies to commit such violations, shall be prosecuted by the United States Attorney or his assistants in the name of the United States. None of the general laws of the United States and none of the laws of the District of Columbia shall be superseded by any provision of this part. Where the conduct violating this part, also violates the general laws of the United States or the laws of the District of Columbia, both violations may be joined in a single prosecution. Prosecution for any violation of § 10-503.16(a) or for conduct which constitutes a felony under the general laws of the United States or the laws of the District of Columbia shall be in the United States District Court for the District of Columbia. All other prosecutions for violations of this part may be in the Superior Court of the District of Columbia. Whenever any person is convicted of a violation of this part and of the general laws of the United States or the laws of the District of Columbia, in a prosecution under this subsection, the penalty which may be imposed for such violation is the highest penalty authorized by any of the laws for violation of which the defendant is convicted.
orleans
(34,088 posts)Atticus
(15,124 posts)is suggesting carving a literal "pound of flesh" off of the offenders.
I think he simply believes that all who invaded the Capitol should get SOME jail time. I agree. Since this pair of pleaded guilty and saved the expense and delay of a trial, I think something less than the 6 month max---say 3 or 4 months---plus a $2500 fine---would be appropriate.
January 6th was---as Joe might say---a "BFD". The penalties should "leave a mark".
Wuddles440
(1,132 posts)reflects that they participated in one of the most reprehensible acts of seditious activity and domestic terrorism in the history of this country and should be severely punished for their actions. They critically injured and threatened public servants, desecrated our Capital, and attempted to overthrow our government. They deserve absolutely no leniency, special consideration, or empathy. The favorable treatment of these traitors to date by both the prosecutors and judges has been disgraceful, and is an insult to those of us who respect the rule of law and a decent, just, and civil society. The minimizing of their actions only emboldens them and others to perpetrate more such acts in the future....and they will do so because January 6th was just the appetizer.
NurseJackie
(42,862 posts)That's made-for-TV "Judge Judy" crap. These people are being prosecuted as the law prescribes.
Wuddles440
(1,132 posts)are based on 30 years of experience in federal law enforcement conducting criminal investigations and participating in the subsequent prosecutions. I base my comments on personal knowledge and experience, not conjecture or some mythical utopia.
treestar
(82,383 posts)There's no proof they got together to plan it beforehand. All they had was TFG's assurances he'd be there.
Wuddles440
(1,132 posts)I was basing my observations only on the evidentiary material that's been made public to date. My apologies! If you have information and knowledge that there's absolutely no "proof" of these individuals doing anything more than exercising their 1st Amendment rights and "peacefully protesting", any pending charges should be immediately dismissed and profuse apologies extended to them for questioning their patriotism and loyalty to this Country. Please advise the DOJ and the House committee of your findings as soon as possible so they can redirect resources to more critical matters that demand attention. No need to squander time and energy on some witch hunt.
treestar
(82,383 posts)Nobody said they were peacefully protesting, not on DU, though DU can be as bad as right wingers when it comes to either/or thinking.
The Magistrate
(95,263 posts)Unless the tribunal in a fit of charity starts handing out twenty-year terms to everyone appearing before it on Christmas week or something.
In well run countries, an insurrectionist mob storming the seat of government is fired into with automatic weapons, and any survivors taken into custody face execution. Any associated with organizing the act are swept up in police dragnets, and put on trial for their lives.
Nowhere else in the world would there be such pussy-footing about as this over such a crime. I understand the judge can only sentence on the charge and is bound by statutory limits, and I also understand that there seems to be a lacunae in the Federal code of such dimension that attempt at violent overthrow of the government of the United States does not seem to be a crime in and off itself, somehow.
Our system has always incorporated an unspoken understanding no one really will try and seize power by violence, and in consequence there does not seem to be much in the law which bans it. Court decision have rendered the sedition statutes nullities. These rulings were handed down to free persons who did not in fact pose any threat of violence to the government, but they have made it extremely difficult to properly prosecute actual conspiracy aimed at violent overthrow of the government.
So, yes. Any sentence much short of execution or imprisonment for natural life for anyone involved in any degree in this ought to be a rare act of judicial clemency. Sentences of several months imprisonment or a fine ought to be greeted by those receiving them with tears of gratitude and vows of life-long service. They are not appropriate punishment for what was done, and certainly constitute no deterrence to renewed efforts at violent overthrow of our government.
Justice matters.
(6,950 posts)We need 52 Senators... (or more, please), AND a Dems House.
treestar
(82,383 posts)It is a misdemeanor charge, and most people don't get the full jail sentence for a first offense.
The expectations are out of sight. It's not treason. It's a misdemeanor charge of "parading" lol.
Raven123
(4,914 posts)elleng
(131,264 posts)drray23
(7,638 posts)They will raise that and more in a gofundme from other magats. Prison would be much more effective.
royable
(1,266 posts)Bike dude
(2 posts)Punishment should have been for real prison time - not a slap on the wrists! Theyre likely to do it again if they arent taught a lesson!
Mawspam2
(742 posts)...so we can confiscate their guns?
LastLiberal in PalmSprings
(12,601 posts)A black couple would have been fined $100,000 and sentenced to 15 years.
Harker
(14,067 posts)They should be appropriate punishment.
I regularly see comments online that express extreme sentiments and beliefs that they should all face the gallows, or that they should be lined-up in front of a trench and executed by firing squad. It's disappointing to see similar sentiments being echoed and mirrored here at DU. It serves no good purpose.
It also serves no good purpose to continually hurl accusations that Biden's justice department is corrupt, or lazy, or incompetent. I mean, I understand the frustration, but this kind of behavior is just over the top and unproductive.
Harker
(14,067 posts)There's a line between justice and vengeance, and all I want to see is justice sufficient to punish criminals and deter them from further criminality.
Should any elected or appointed officials be found to have been complicit, or to have conspired in aid of the insurrection, their position of trust and responsibility should weigh in at sentencing.
There's a long way to go.
monkeyman1
(5,109 posts)back in the day when I was a kid , ya' got your name in the local paper for jay walking ! NOW , ya' can get a small fine & a little humiliation for tearing up the capital of the UNITED STATES ? WTF ? try'd that shit back in 60's & 70's - " you would be dead" ---------------- period ! so disgusted with this judicial system ! WTF ?
3825-87867
(855 posts)it should involve jail time. I'm sure "something" might get hurt...maybe even more than once!
Progressive Jones
(6,011 posts)Skittles
(153,254 posts)what's up with that
marble falls
(57,405 posts)... those two got a light slap on their wrists.
orleans
(34,088 posts)more firearms too.
yee-fucking-haw!
were all of those assholes just charged with trespassing and littering? why not just curfew? or... why bother at all?
(wouldn't want to make a spectacle of things just because the crowd was tearing up the capital, taking a shit on the floor, beating the crap out of the cops, threatening to kill pelosi and pence.)
these wrist slaps are pissing me off. what's the lesson learned? it only cost $5,000 (and thanks to go fund me) it was totally worth it.
what bullshit.
and if someone feels the need to come at me over my bitch opinion or sarcastic remarks and defend the charges and judges with platitudes of gratitude or little boxes quoting me just to argue or talk down to me -- just fucking don't. this is my opinion, i'm pissed and venting. no one is going to change my mind about this shit and i don't want to get into some pissing contest. like i said, i just needed to vent and state my opinion like a lot of others have been doing
Response to orleans (Reply #57)
Chin music This message was self-deleted by its author.
PoliticAverse
(26,366 posts)Especially if the person involved has a job.
Smackdown2019
(1,192 posts)Roisin Ni Fiachra
(2,574 posts)insurrection and overthrow of demococracy and the US in no time flat.
dalton99a
(81,657 posts)They probably spent $2,000 on their little D.C. vacation
cstanleytech
(26,342 posts)a number of like minded assholes to chip in to pay for it.
durablend
(7,466 posts)But what are these judges so afraid of? Every one of them giving out slaps on the wrist. "Gosh, maybe if I go easy on them they won't threaten me!". I mean the country will burn, but whatevers...
Stuart G
(38,454 posts)What does he have to worry about?? You Tell Me...PLEASE....
sloopdog50
(36 posts)I want felony convictions. I want them to lose the right to vote. I want them to surrender their weapons...forever. Goobers!
quakerboy
(13,923 posts)The clear message here is that actively participating in an attempt to overthrow the government has no significant consequences.
Talk tough and do nothing.