Joshua Thomas Spaulding, 18 years old was arrested in Cutten after reports that he allegedly ran down folks outside the St. Vincent De Paul dining facility this Saturday. Then fled the scene
Booked at Humboldt County jail on Saturday for VC20001 (a).
From shouselaw.com:
Even though it's called "felony" hit and run, the crime of Vehicle Code 20001 VC hit and run is actually a wobbler. This means that the prosecutor may choose to try it as a misdemeanoror a felony ...usually depending on the facts of the case and the defendant's criminal history.
If felony hit and run is tried as a misdemeanor, the maximum penalties are a fine of between one thousand dollars ($1,000) and ten thousand dollars ($10,000), and/or up to one (1) year in county jail. If the accident resulted in a death or a permanent, serious injury, in most cases the defendant will need to serve at least ninety (90) days in jail.
But if it is prosecuted as a felony, felony hit and run carries penalties of a fine of between one thousand dollars ($1,000) and ten thousand dollars ($10,000)...plus sixteen (16) months to three (3) years in state prison. If someone (other than the defendant) was killed or suffered a permanent, serious injury in the accident, the state prison sentence rises to two (2) to four (4) years.
How about this hit and run case? Why was someone with just a year old dui on the road?
ReplyDeleteCR1601168, CR1406087
Anonymous with the comment with the CR numbers. Send me an email with the name of the case. If I covered it, I can respond you to with the information now or you can wait for a response until tomorrow.
ReplyDeleteAnonymous, no follow up from you. Looked into it today. The 2016 case was filed in March, misdemeanor, alleged hit and run, no DUI mentioned. It's going to trial on October 31.
ReplyDeleteSo what's the issue? And what is your interest in this case?
This was not a case of hit and run. It is assault with a deadly weapon, if not attempted murder.
ReplyDeleteDavid, this is a post on another case. I took the time to look into the case number you provided me. I don't list charges, according to anonymous commenters and their opinion of what the charge is. The jury trial is yet to be held. Unless you comment on the case this post is about, I am done debating about a case I do not intend to follow or cover.
DeleteThis is according to court records. CR1601168 Hit and run, property damage. As I said the jury trial is not over. CR1406087 was a misdemeanor DUI. He entered a guilty plea. There was a filing on 4/22 to revoke his probation, which will be addressed after the outcome of the 2016 case is decided.
Delete