No prior criminal history, defendant's remorse and victim's wishes lead to plea of false imprisonment instead of rape in HSU case

This afternoon Judge Timothy Cissna accepted a plea to a felony, "false imprisinment committed  by violence, menace, force or deceit" from Andrew Stone.

The resolution only involved pleading guilty to this charge against Jane Roe.

Three years of formal supervised probation, Stone was given 518 days jail time but he had already served 259 actual days and got good time credit for 259 days with no additional jail time, he is required to participate in a sex offender treatment program and abstain from alcohol and a criminal protective order to stay away from both alleged victims in the original complaint and the HSU campus. All this was part of the plea agreement. Stone does not have to register as a sex offender under Penal Code 290.

Stone cannot possess firearms for life. After release he has one or two jobs awaiting him in another County and his attorney, Ms. Kathleen Bryson informed Judge Cissna that they were working with probation as required.

"My client is very sorry and remorseful," said Ms. Bryson. "He takes this whole matter seriously. One of the key things for him will be his sobriety. But for that, things may have been different. He has no prior criminal history at all."

DDA Bennett shared with Judge Cissna that "there were multiple reasons for this resolution. The defendant is 19 years old, he has no prior criminal history until now, no additional victims have come forward. We also looked at the nature of the behavior and strength of the case. The victim wants to move forward with her life and with school"

"It was very important to us that he do the sex offender treatment program and agree to the abstention clause. We appreciate that the defendant recognizes that was a factor.'

Judge Cissna's decision was based on the recommendation of the Probation report and the People who agreed with the Probation recommendation. Andrew Stone's mother and grandmother were present in court. The victim was present but she did not address the court.

Nov 16, 2015

Charges of rape dismissed against HSU student, plea entered to false imprisonment

Andrew Stone's attorney, Ms. Kathleen Bryson told me that charges of rape were dismissed against her client.DDA Brie Bennett did not agree with that characterization. A stipulated plea agreement requires Stone to plead guilty to charges of false imprisonment. He will not have to register as a sex offender and if the plea will be accepted by Judge Timothy Cissna on December 15, Stone who has no prior criminal record, will most likely be sentenced to probation.

Oct 28, 2015

HSU student arraigned for forcible rape

Today, Andrew Stone was arraigned for jury trial in Courtroom 5 for one count of Forcible Rape only against one victim. If he is found guilty, the sentencing range is three, six or eight years in state prison. It is considered a violent felony under California law, so it is a "strike" under the Three Strikes law and the defendant would have to serve 85% of any prison sentence imposed before becoming eligible for parole.

Ms. Kathleen Bryson is representing Stone. Deputy District Attorney Brie Bennett prosecuting the case. Today, DDA Roger Rees subbed in for his colleague.


Before the preliminary hearing, Andrew Stone, a student at HSU was charged with Count 1 forcible rape against Jane Doe, also a HSU student, Count 2 sexual penetration by a foreign object against Jane Doe and Count 3 forcible rape of Jane Roe, also a HSU student. Each count had a special allegation that there was more than one victim. After testimony ended in the preliminary hearing, Ms. Bennett acknowledged no evidence had been provided for Count 2. Stone was held to answer to Count 1 and 3. Stone was not held to answer on the special allegations l. Judge Feeney said that that in the probable cause hearing, the People had met their burden of proof and reasonable guilt was shown.

Links:

http://johnchiv.blogspot.com/2015/10/he-said-he-could-make-me-feel-really.html
http://johnchiv.blogspot.com/2015/10/i-told-him-i-didnt-want-it-to-happen.html