He had a job in Virginia was today's excuse to avoid prison. Mr. Tipps also tried to get sentencing continued, again.
"The People object," said DDA Jackie Pizzo. "This is the third time we are on for sentencing. If the matter is continued, we request Mr. Throckmorton be remanded. He committed a crime in California, he was convicted in California, by law he needs to be sentenced and serve his sentence in California." Both DDA Pizzo and Judge Cissna said the state certified batterer's program that Throckmorton needs to attend is in California. Judge
Cissna said inter state agencies do not like to accept people who have committed violence in their state programs.
His attorney Mr. Tipps argued Throckmorton was financially able to pay these fines and fees. However Judge Cissna said that Throckmorton's testified on the stand during his trial how he had a skilled position that was marketable and that he made a substantial amount of money growing commercial marijuana.
Throckmorton testified he had been homeless when Probation interviewed him and in the last month or so he has a job at a restaurant in Virginia. The manager wrote him a letter of support. Judge Cissna ordered he pay restitution to the victim for out of pocket expenses, a $900 fine, another $900 fine if he violates parole/post supervison release, $1,000 to a battered women's shelter, $1,000 to the Humboldt County Domestic Violence Fund, and $2,500 in attorney fees (which the Judge said was dramatically less for two trials). He will be on three years parole and post release supervision and has to register according to Penal Code 296 and cannot possess firearms.
Looks like Throckmorton's bragging did him in today.In his first trial, which I did not cover, he is alleged to have testified on the stand, that he could get any woman he wanted, what would he want with his accuser? He is no looker and came to court in beat up jeans and a ratty sweatshirt but like many of "growers" in the area thinks his cash can get him anything. Marijuana growing and violence against women is a common theme in many court cases. And these are the ones that actually get reported.
I used alleged because while I know the source who attended the first trial when Throckmorton supposedly said this on the stand, I was not present in court when he said this so I cannot confirm.
Throckmorton has a prior felony conviction for cultivation of marijuana.
Judge Cissna citing the 2015 California Rules of Court regarding Probation explained why he denied Throckmorton probation. They are listed below and Judge Cissna related how they applied to Throckmorton.
Rule 4.414. Criteria affecting probation
Criteria affecting the decision to grant or deny probation include facts relating to the crime and facts relating to the defendant.
(a) Facts relating to the crime
Facts relating to the crime include:
(1)
The nature, seriousness, and circumstances of the crime as compared to other instances of the same crime;
The nature, seriousness, and circumstances of the crime as compared to other instances of the same crime;
(2)Whether the defendant was armed with or used a weapon;
Whether the defendant was armed with or used a weapon;
(3)The vulnerability of the victim;
The vulnerability of the victim;
(4)Whether the defendant inflicted physical or emotional injury;
Whether the defendant inflicted physical or emotional injury;
(5)The degree of monetary loss to the victim;
The degree of monetary loss to the victim;
(6)Whether the defendant was an active or a passive participant;
Whether the defendant was an active or a passive participant;
(7)Whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur;
Whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur;
(8)Whether the manner in which the crime was carried out demonstrated criminal sophistication or professionalism on the part of the defendant; and
Whether the manner in which the crime was carried out demonstrated criminal sophistication or professionalism on the part of the defendant; and
(9)Whether the defendant took advantage of a position of trust or confidence to commit the crime.
Whether the defendant took advantage of a position of trust or confidence to commit the crime.DDA Pizzo in her remarks before the final decision was stated said she agreed with the Court's tentative decision. She asked for the upper sentence of 4 years. She said the Court had seen evidence that the "defendant would be a danger to the community, "that domestic violence is a pattern of behavior."
"It was such a minor interaction," said DDA Jackie Pizzo. "She cooked him dinner. The defendant decided that she had attitude and the defendant decided to beat her. Mr. Throckmorton in a relationship gets upset if his partner does not do what he wants. He chased her in the house, she locked herself." According to DDA Pizzo, he got to the victim anyway, he broke a painting and beat her with it and she had three large bruises. This was the victim's home, she could not get him to leave, she had invited her brother in an effort to feel safe. DDA Pizzo said that the victim's brother could hear Throckmorton threatening the victim and beating her on the phone.
DDA Pizzo said that Throckmorton refused to take responsibility for his actions. During the trial, he claimed he was not there , "a ridiculous story he could not back up."
Judge Cissna also mentioned Throckmorton's lack of remorse and that he perjured himself on the stand and that a jury convicted him because of that reason.
No other media has covered this second trial or been in court for the numerous times the sentencing has been delayed.
May 22, 2015
Michael "Bad Boy" Throckmorton avoids punishment yet again, will it finally be prison for him on June 19?
Michael Throckmorton was found guilty of a felony: domestic violence in March 26. On the evening of March 3, 2012, Throckmorton, strangled the victim in their home, then beat her with the wooden frame of a painting, causing severe abrasions to her neck and massive bruising on her leg.
He was to be sentenced on April 29 but asked that the sentencing date be continued and asked to travel out of state. The DA objected citing concerns that Throckmorton would flee. Read the link below from April 2014 for details. I was the only one that has covered this case through the three trials and the final case which got him convicted.
This afternoon at 2 p.m. Judge Timothy Cissna set the date to sentence Throckmorton. He told Throckmorton he had to be there. He did not fly the coop and stay in Virginia but instead of being sentenced, his sentencing was delayed yet again and he has a "mandatory appearance" again for sentencing on June 19 at 2 p.m.
The case was prosecuted by DDA Jackie Pizzo. Throckmorton's attorney is Mr. Owen Tipps from the Public Defender's office. This case went to trial 2 times before the recent conviction.
Today DDA Stacey Eads appeared for Ms. Pizzo in court. Throckmorton spoke to his attorney before court and read the probation report. Again, he whispered the same thing he asked the last two times in court, "will I go to prison?"
Read the previous coverage on links, you will get the "yet again" reference.
Judge Cissna said that he had received a statement of mitigation from Mr. Tipps filed yesterday only at noon today and had skimmed the content. His tentative decision was that he wanted to refer the matter to Probation for a supplemental report to address Mr. Tipp's pleadings.
DDA Eads said that the People were in agreement with the Probation Department recommendation.
Not happy that he got to avoid sentencing now for the second time, through his attorney, Throckmorton's response to Judge Cissna's suggestion to have sentencing on June 10 was to delay sentencing until June 30.
"We are very concerned with Mr. Throckmorton remaining in the community. Mr. Throckmorton has a prior felony conviction. Mr. Tipp's pleading does not change the People's position. We would like sentencing to proceed as soon as possible.
"People are prepared to proceed to sentencing today," said Ms. Eads. "One of Mr. Tipp's points was his claim that probation was relying on the wrong facts. This matter went to jury trial. Your honor knows the facts."
Judge Cissna was the trial judge for Throckmorton's last trial. Judge Cissna agreed with Ms. Eads.
"Reluctantly," he set the sentencing date for June 19, 2015 at 2 p.m.
Previous posts:
http://johnchiv.blogspot.com/2015/04/if-bad-boy-michael-throckmorton.html
http://johnchiv.blogspot.com/2015/03/michael-throckmorton-found-guilty-this.html
http://johnchiv.blogspot.com/2015/03/bad-boy-michael-throckmorton-back-in.html
http://johnchiv.blogspot.com/2014/02/pizzo-vs-tibbs-same-or-different-result.html
He was to be sentenced on April 29 but asked that the sentencing date be continued and asked to travel out of state. The DA objected citing concerns that Throckmorton would flee. Read the link below from April 2014 for details. I was the only one that has covered this case through the three trials and the final case which got him convicted.
This afternoon at 2 p.m. Judge Timothy Cissna set the date to sentence Throckmorton. He told Throckmorton he had to be there. He did not fly the coop and stay in Virginia but instead of being sentenced, his sentencing was delayed yet again and he has a "mandatory appearance" again for sentencing on June 19 at 2 p.m.
The case was prosecuted by DDA Jackie Pizzo. Throckmorton's attorney is Mr. Owen Tipps from the Public Defender's office. This case went to trial 2 times before the recent conviction.
Today DDA Stacey Eads appeared for Ms. Pizzo in court. Throckmorton spoke to his attorney before court and read the probation report. Again, he whispered the same thing he asked the last two times in court, "will I go to prison?"
Read the previous coverage on links, you will get the "yet again" reference.
Judge Cissna said that he had received a statement of mitigation from Mr. Tipps filed yesterday only at noon today and had skimmed the content. His tentative decision was that he wanted to refer the matter to Probation for a supplemental report to address Mr. Tipp's pleadings.
DDA Eads said that the People were in agreement with the Probation Department recommendation.
Not happy that he got to avoid sentencing now for the second time, through his attorney, Throckmorton's response to Judge Cissna's suggestion to have sentencing on June 10 was to delay sentencing until June 30.
"We are very concerned with Mr. Throckmorton remaining in the community. Mr. Throckmorton has a prior felony conviction. Mr. Tipp's pleading does not change the People's position. We would like sentencing to proceed as soon as possible.
"People are prepared to proceed to sentencing today," said Ms. Eads. "One of Mr. Tipp's points was his claim that probation was relying on the wrong facts. This matter went to jury trial. Your honor knows the facts."
Judge Cissna was the trial judge for Throckmorton's last trial. Judge Cissna agreed with Ms. Eads.
"Reluctantly," he set the sentencing date for June 19, 2015 at 2 p.m.
Previous posts:
http://johnchiv.blogspot.com/2015/04/if-bad-boy-michael-throckmorton.html
http://johnchiv.blogspot.com/2015/03/michael-throckmorton-found-guilty-this.html
http://johnchiv.blogspot.com/2015/03/bad-boy-michael-throckmorton-back-in.html
http://johnchiv.blogspot.com/2014/02/pizzo-vs-tibbs-same-or-different-result.html
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