Jun 12, 2015

Why the DA's plea offer in a kidnapping case that resolved today is still justice

Plea deals are not a bad thing. Sometimes, the offer brings accountability and a sentence and is better than a jury trial.

Larry McCoy's case could have gone to jury trial. He could have walked free or got a lesser sentence than what he will by pleading guilty.

Why would the DA make an offer in the Larry McCoy case which included kidnapping, great bodily injury, assault, threats to commit crime, possession of a controlled substance, possesion of drug paraphenelia, flight from a traffic officer, driving under the influence, driving with a revoked and suspended license and use of a controlled substance?

With the present administration, our current DA, Ms. Maggie Fleming, has been very accessible and transparent to providing answers on all cases, including plea deals. 

It was scheduled for jury trial on June 15. It resolved today during trial assignment. I was present for trial assignment this morning covering another case.

No details were mentioned this morning about the case at all. I just had a hunch and followed up on this case. In addition to the felony case, Larry McCoy was found guilty of minor traffic infractions and disturbing the peace. He had a DUI and a under the drug influence both were dismissed. In the cases that got dismissed, he had private attorney representation. In one case he was represented by Neal Sanders, in the other case Jeffrey Schwartz. The rest of the cases, the office of the Public Defender.

This case and pleas are not unusual. Cases resolve during trial assignment or earlier.


The felony case was prosecuted by DDA Jackie Pizzo. McCoy was represented by private attorney, Ms. Kathleen Bryson, who represented him on this recent kidnapping case.

I contacted Ms. Fleming after court and asked her why the People made an offer in this case.

"With the endorsement of the victim, the People accepted a plea to the strike offense of kidnapping,"  said Ms. Fleming.

"That was the most serious charge he faced.  Mr. McCoy, age 63, whose total record is a 415 (disturbing the peace) and a dui both from over 5 years ago, faces a term of up to 8 years in prison.  He will be sentenced on August 3rd."

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