Man Found Napping in Car With Holdup Note

Zoltri · #1 03-16-2005, 01:05 PM

QUINCY, Mass. - It's never good to fall asleep on the job, but when you're a robber the consequences can be severe. Police arrived at a CVS pharmacy early Tuesday morning to find Steven Jakaitis, 42, sleeping in his idling car with a nylon stocking over his head and a cap pistol in his pocket.

By his side was a note that read: "I have a Gun DO NOT Press any Alarms or let Custermors (sic) know Empty the All the register."

A customer called police after seeing Jakaitis, who was also wearing a black wig and a scarf. On the back seat of his car, officers found a plastic bag containing 36 unused hypodermic needles. He spoke incoherently after the officers woke him, Capt. Anthony DiBona said.

He never actually went into the store, police said.

At his arraignment Tuesday, Jakaitis pleaded innocent to attempted armed robbery, possession of a hypodermic syringe and receiving a stolen car. He was ordered held on $1,000 bail and ordered to appear for a pretrial conference on April 12.

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What an idiot. [img]/images/graemlins/grin.gif[/img]
Without actually doing the crime, how can they prove and convict him of attempted armed robbery? I think any lawyer could argue his case and win.

jakethebake · #2 03-16-2005, 01:08 PM

Doesn't sound like he actually attempted anything. Possession of hypodermic needles is illegal?

TStoneMBD · #3 03-16-2005, 01:12 PM

as long as his gun was registered and the needles are legal, and the car isnt stolen, i cannot see any possible way that they can convict him.

DMBFan23 · #4 03-16-2005, 01:15 PM

I routinely register my cap pistols [img]/images/graemlins/grin.gif[/img]

the cops have virtually NO case here, it seems.

__Q__ · #5 03-16-2005, 02:07 PM

No, the prosecutors have a case. They can argue that showing up at the CVS with a mask and a gun and the note is a sufficent first step in the commission of the crime. I definitely think that the prosecutors are gonna have an easier time than the defenders with this one.

jakethebake · #6 03-16-2005, 02:10 PM

[ QUOTE ]
No, the prosecutors have a case. They can argue that showing up at the CVS with a mask and a gun and the note is a sufficent first step in the commission of the crime. I definitely think that the prosecutors are gonna have an easier time than the defenders with this one.

[/ QUOTE ]

That's insane. Where do you draw the line? "Yea. I left home, thinking about killing my boss today." Call the cops!

wayabvpar · #7 03-16-2005, 02:20 PM

Lucky they found him...sounds like an evil genius.

__Q__ · #8 03-16-2005, 02:24 PM

Well, I haven't started lawschool yet.

But... Basically for an attempt you need 2 things: Intent and a sufficient step in the process of committing the crime. The intentions of the guy are pretty obvious, so the argument becomes whether showing up at the cvs with gun, mask and note constitutes a sufficient step. I think it would be a hell of a lot easier to argue that that is a sufficient step than it would be to argue that it wasn't.

[ QUOTE ]
That's insane. Where do you draw the line? "Yea. I left home, thinking about killing my boss today." Call the cops!

[/ QUOTE ]

That depends, are you leaving with a loaded weapon and a mask over your head with a note that says "shutup and don't move, I'm gonna kill you" [img]/images/graemlins/confused.gif[/img]

jakethebake · #9 03-16-2005, 02:40 PM

[ QUOTE ]
That depends, are you leaving with a loaded weapon and a mask over your head with a note that says "shutup and don't move, I'm gonna kill you" [img]/images/graemlins/confused.gif[/img]

[/ QUOTE ]

You just made my point. Exactly where do you draw the line before the actual commission of the crime?

__Q__ · #10 03-16-2005, 02:56 PM

Well thats a big part of what the legal system does. Some lawyers argue that the line should be over here, then others argue that the line should be over there. Many of these arguements a based on prior court decisions. Decisions are argued further in appelate courts and all the way up to supreme courts. Where the line is drawn is up for debate, then its decided in courts, and them a new case comes along and its of for debate again.

Where does it become an attempt, when he leaves his home? When he gets in the CVS parking lot? When he walks through the door? Its debatable. I could look up rulings on similar cases, but I won't.

My point is that the prosecuters have a case. The courts might rule that it wasn't an attempt (in today's law enforcement driven society, i doubt it). But the prosecuters certainly have a reasonable case.