226 arrests so far for one man...


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Autolycus
August 16, 2006, 11:31 PM
http://www.comcast.net/news/strange/index.jsp?cat=STRANGE&fn=/2006/08/15/456455.html&cvqh=crime_226th

Nebraska Man Arrested for 226th Time
By Associated Press
Tue Aug 15, 10:16 PM

LINCOLN, Neb. - Kevin Holder's rap sheet is 43 pages long, dating back to 1980, and he just got another entry _ his 226th arrest. Police say they caught him Sunday morning after a brief chase and found burglar tools in his possession.

"He's very well-known to Lincoln police officers," Police Chief Tom Casady said.

Holder's convictions include criminal mischief, marijuana possession, violation of protection order, assault, resisting arrest, assault on an officer, possession of cocaine. Many were misdemeanors, but he also has been sentenced to at least three prison terms for felonies, including a four-year stretch starting in 1996.

"Your average Nebraskan thinks after a prisoner has committed a certain number of crimes (he) will be put away for a long period of time. That doesn't happen," Casady said.

Lancaster County Attorney Gary Lacey said Holder was charged Tuesday with felony possession of burglar tools and prosecutors will urge a judge to treat Holder as a habitual criminal. With another felony conviction, that could result in a sentence of up to 60 years. Holder remained behind bars Tuesday afternoon.

Holder's list of arrests doesn't come close to setting a record for Lincoln-Lancaster County. He's No. 40, police spokeswoman Katherine Finnell said Tuesday.

A number of people have more than 500 arrests in the city of 226,000 people. The record was held by Edward Rooks, who died in 2004, with 652 arrests.

Copyright 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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orangelo
August 16, 2006, 11:33 PM
He's just a misunderstood disadvantaged minority abused youth. :rolleyes:

Maybe they should pass a 225 Strikes and You're Out law.

Taurus 66
August 16, 2006, 11:46 PM
prosecutors will urge a judge to treat Holder as a habitual criminal.

YA THINK?! :mad:

There's slow, then there's Nebraska.

Autolycus
August 16, 2006, 11:48 PM
Taurus 66

Great quote!

mountainclmbr
August 17, 2006, 12:10 AM
These people make great press for higher taxes to support more police who will let him go again to repeat the process.

Taurus 66
August 17, 2006, 12:53 AM
Thanks Tecumseh. This so inspired me to make it a fortified part of my signature line.

carpettbaggerr
August 17, 2006, 01:24 AM
Lucky you can't legally CCW in Nebraska. Who knows what trouble this guy'd get into. :scrutiny:

All 'concealable' weapons must be registered with the Chief of Police? And people think NY is bad?

BTW Taurus, Rochester ain't all that swift........

:)

DRZinn
August 17, 2006, 02:10 AM
A number of people have more than 500 arrests in the city of 226,000 people.

Jeff White
August 17, 2006, 02:30 AM
Mountainclimber said;
These people make great press for higher taxes to support more police who will let him go again to repeat the process.

I beg to differ..it's the courts and the correctional system who let the criminals go, not the police. We get a little tired of dealing with our regular customers. Heck I was even told by one guy, that if he had to be arrested, he preferred I did it.....

The problem is that we don't have enough prosecutors, public defenders, judges and courtroom staff or courtrooms themselves to handle all of the arrests that are made. Many of them get filed right in the trash bin.

Just last week the states attorney released the bond on two people I had arrested for battery. Why, because there was no way they'd get into court before the 120 days the state has to get the case into court was up. If they held onto the bond money and the day 120 clock ran out, that's the end of the case, violation of the right to speedy trial. Now they have the option of refiling the charges and starting the whole process again when the docket is clear.

They spent billions on more police, but neglected the rest of the system.

Jeff

Reyn
August 17, 2006, 02:55 AM
"I beg to differ..it's the courts and the correctional system who let the criminals go, not the police. We get a little tired of dealing with our regular customers. Heck I was even told by one guy, that if he had to be arrested, he preferred I did it.....

The problem is that we don't have enough prosecutors, public defenders, judges and courtroom staff or courtrooms themselves to handle all of the arrests that are made. Many of them get filed right in the trash bin.

Just last week the states attorney released the bond on two people I had arrested for battery. Why, because there was no way they'd get into court before the 120 days the state has to get the case into court was up. If they held onto the bond money and the day 120 clock ran out, that's the end of the case, violation of the right to speedy trial. Now they have the option of refiling the charges and starting the whole process again when the docket is clear.

They spent billions on more police, but neglected the rest of the system."


You are right. Unfortunately LEOs are generally the first to blame. If he has been arrested then the POLICE did their part.

cracked junior
August 17, 2006, 10:43 PM
nebraska is pretty messed up in the courts and law enforcement. a few years ago. i had a friend, that got into drugs pretty heavy. he went crazy. his parents tried to admit him to the pysch ward at the hospital. but after doing the testing and interviewing, the cops and the hospital deemed he was safe to be released. that night he killed an innoncent person. it went to trial. he got not guily by reason of insanity. so i think he is spending the rest of his life in a pysch ward. theres alot more to this story but i cant think of it. my girlfriend thinks i am crazy for even knowing him, even more crazy for drinking beer with him. i just say he was a nice guy when i knew him. the next crazy part is. i moved from that town, this happened like 2 months after i moved. i found out later, he worked where i work now.

another crazy nebraska court system story. another friend, his dad has had over 25 dui/dwi convictions since the 70s.

Art Eatman
August 17, 2006, 10:53 PM
For some perspective about Jeff's comment, consider the issue of plea bargains.

From an article I read way back, Queens, NY, has courtrooms and judges/staff for some 450 felony cases per year. However, the annual rate of felony indictments was around 4,800.

Want it better? Pay more taxes is the only answer I know. (Or reduce other spending, which we know ain't gonna happen insofar as social spending. Might get cuts in infrastructure programs, of course.)

Art

rhubarb
August 17, 2006, 11:27 PM
What's a burglar tool? A screwdriver? A rock to bust a window?

Next thing you know, they'll be arresting folks for carrying murder tools, i.e. pocketknives.


This guy obviously ain't ever gonna be a productive member of society, but come on. If he commits a crime, lock him up and throw away the key. If not, let him be.

Taurus 66
August 18, 2006, 12:47 AM
What's a burglar tool? A screwdriver? A rock to bust a window?


Yes, a screwdriver is one burglar's tool. It can swing locks on older type windows with minimum damage to the window frame. Another one could be ... oh I don't know, "bolt cutters" for instance, (great for cutting locks to back yard sheds) and upon questioning at a traffic stop, he has no reasonable explanation (or fumbles with his words) as to why he has any particular tool in his vehicle. Or how about a glass cutter in combination with bolt cutters? Now a glass cutter would be excellent for bypassing a house of known "glass break coverage" ONLY on the home security system because it would be already known in advance there are not motion detectors set up inside. What I mean to say is most burglaries committed are by a known acquaintance.

These are a few of their fa-vor-ite things ...

Ryder
August 18, 2006, 10:11 AM
Right on rhubarb. How did they even know he had "burglar tools"on him. From the sounds of this write-up their probable cause was that they recognized him. I don't doubt he has caused some of his problems in the past but being known by the police does make people an easy mark for abuse of power. It's something I've taken care to warn my children against. Seen too many others chewed to pieces by this phenomenon over the years.

progunner1957
August 18, 2006, 10:42 AM
Kevin Holder's rap sheet is 43 pages long, dating back to 1980, and he just got another entry - his 226th arrest.Hey, give the guy a chance! ANYBODY can make 226 mistakes!

After all, that's not so bad - it's only an average of 10 arrests per year, every year, over the last 26 years - it could happen to anybody...:rolleyes: :rolleyes: :rolleyes:
Holder's list of arrests doesn't come close to setting a record for Lincoln-Lancaster County. He's No. 40, police spokeswoman Katherine Finnell said Tuesday.

A number of people have more than 500 arrests in the city of 226,000 people. The record was held by Edward Rooks, who died in 2004, with 652 arrests.
See?? He's really not that bad after all!:scrutiny:

zoom6zoom
August 18, 2006, 10:52 AM
How did they even know he had "burglar tools"on him.

Well, if the arresting officer had personally dealt with this guy many times before, I'd consider that sufficient probable cause.

MechAg94
August 18, 2006, 11:09 AM
another crazy nebraska court system story. another friend, his dad has had over 25 dui/dwi convictions since the 70s.
And these are the poor people who complain about not affording car insurance. :)


The only solution I can think of is to max out penalties when people commit petty crime. If the criminals know they will get the bool thrown at them, they might limit their behavior. That 4800 number might drop off some.

Malum Prohibitum
August 18, 2006, 01:04 PM
Isn't Lincoln, Nebraska, one of the cities that is banning concealed carry after the state adopted a concealed carry law last year?

Here is a link to some news stories onthe subject, and, yes, Lincoln is among them.
http://www.georgiapacking.org/forum/viewtopic.php?t=548

WayneConrad
August 18, 2006, 01:12 PM
"Want it better? Pay more taxes is the only answer I know. (Or reduce other spending, which we know ain't gonna happen insofar as social spending. Might get cuts in infrastructure programs, of course.)"

Art, We could have fewer laws, too. We could have only laws we are going to enforce, and we could enforce them every time.

Phetro
August 18, 2006, 01:39 PM
Well, if the arresting officer had personally dealt with this guy many times before, I'd consider that sufficient probable cause.

Of course. Everyone whom a particular cop knows on sight should be subject to detainment and questioning just because they have been arrested before.

How many convictions does he have? How many of those arrests have been nothing more than harassment?

Never trust blindly. Especially never trust what a media source tells you, or implies. NEVER.

Just_a_dude_with_a_gun
August 18, 2006, 01:40 PM
But, "everybody loved him, and he was trying to turn his life around"...

DRZinn
August 18, 2006, 03:55 PM
I just can't believe that there even is such a charge as "felony possession of burglar tools."

bouis
August 18, 2006, 04:09 PM
I beg to differ..it's the courts and the correctional system who let the criminals go, not the police. We get a little tired of dealing with our regular customers. Heck I was even told by one guy, that if he had to be arrested, he preferred I did it.....

The problem is that we don't have enough prosecutors, public defenders, judges and courtroom staff or courtrooms themselves to handle all of the arrests that are made. Many of them get filed right in the trash bin.

Just last week the states attorney released the bond on two people I had arrested for battery. Why, because there was no way they'd get into court before the 120 days the state has to get the case into court was up. If they held onto the bond money and the day 120 clock ran out, that's the end of the case, violation of the right to speedy trial. Now they have the option of refiling the charges and starting the whole process again when the docket is clear.

They spent billions on more police, but neglected the rest of the system.

The answer is more lawyers? Could the solution be worse than the problem? Heh.

Coronach
August 18, 2006, 04:16 PM
How many convictions does he have? How many of those arrests have been nothing more than harassment?:rolleyes: This is found on the same thread as moaning about how the justice system is just one huge revolving door? I think I found the problem. ;) We, the get-tough-on-crime-dear-lord-the-cops-just-let-him-go-again crowd can't even get on the same page. Add in a few blissninnies and it's no wonder we have guys with rap sheets as long as my, erm, arm.

As to the "police" letting him go, I think we need to take a look at how the justice system works. The poh-leece catch him, the prosecutors take the case to a judge, the judge and jury try him, and the corrections system, if applicable, punishes him. As was said, if he got caught and nothing happened, it's most likely not the fault of the police.

What Art said is correct. If we were to funnel money into the CJS, we should be doing it on the court side and the corrections side. I'm not saying that police budgets are not cash-strapped (they are, at least around here), but at any given time the police, even with insufficient manpower and resources, are able to pack stack and rack the caseload for the prosecutors and, subsequently, stack the dockets for the court so deep that they could not possibly address a fraction of the cases that come before the judge. The only solutions to this are more prosecutors and judges, or to make less arrests. I dunno about you, but the latter does not sound like a good option. And the former costs $$$.

As to "felony possession of burglar tools"...

...most jurisdictions hve some flavor of this. The charge around here is PCT: possession of criminal tools. What is a criminal tool, you ask? An object that can be used in the facilitation of a crime, based upon the nature of the object and the circumstance in which it was found. The last bit is key. If you're found with a screwdriver in your pocket, that is not PCT. If you're found with a screwdiver in your pocket while standing atop a trash can, beside a window of a house you do not own, at 0-dark-30, you CAN be charged with PCT. The officer making the charge will have to substantiate why he had probable cause to believe that you were attempting to commit a crime with this tool, as opposed to charitably making a home repair for a complete stranger in the wee hours of the night, in his arrest paperwork in order to get an indictment, and he will have to prove the same, beyond reasonable doubt, to a judge or jury in order to get a conviction.

Mike

TxPhantom
August 18, 2006, 04:19 PM
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DRZinn
August 18, 2006, 04:21 PM
If you're found with a screwdriver in your pocket, that is not PCT. If you're found with a screwdiver in your pocket while standing atop a trash can, beside a window of a house you do not own, at 0-dark-30, you CAN be charged with PCT. The officer making the charge will have to substantiate why he had probable cause to believe that you were attempting to commit a crime with this tool, as opposed to charitably making a home repair for a complete stranger in the wee hours of the night, in his arrest paperwork in order to get an indictment, and he will have to prove the same, beyond reasonable doubt, to a judge or jury in order to get a conviction.
I more or less knew that, but why not just charge me with attempted burglary, and make the screwdriver in my pocket part of the evidence supporting that charge? Charging me for the screwdriver itself offers waaaay too much leeway for abuse of the law by unscrupulous officers and/or prosecutors.

Coronach
August 18, 2006, 04:48 PM
Some jurisdictions, I'm sure, have a PCT-like component of the underlying offense. For example, 'attempt burglary' might be a 5th degree felony, where attempt burglary while in possession of tools is F-4. Other places have it as a separate offense.

Also, consider the example. He was standing on a trash can, next to a house, with a screwdriver in his pocket, at 4:30 AM. Attempt burglary? Common sense tells us "heck yes", but it will be difficult to get a conviction on that unless someone actually observes him prying on the window, or there is physical evidence of same. You have him dead-to-rights for trespass, but anything more is going to be difficult. Proving simple possession of a tool while engaged in criminal activity (the trespass) in someone else's yard, however, is relatively easy. It's even easier when you can articulate that you basically had an attempt burglary that you just couldn't quite take to trial and win.

This then raises the next question: if you cannot get him for attempt burglary, how can you think you'll get the elements for PCT out of the same set of facts? The answer is that you might not be able to do so, but the cops are sure gonna try. PCT is also a lot more palatable to a career criminal than attempt burglary, and charging him with that (either in addition to attempt burg or in lieu of) might yield an easier plea agreement.

Does that suck? Yes. Is it ideal? No. But that's the way the law is written and the way the court system works. Believe me, the cops don't like it any more than you do. We'd prefer to charge a guy with attempt burg and have it stick than take a PCT with a trespass and call it a day. That's like driving down the field and only getting to kick a field goal.

Mike

cordex
August 18, 2006, 04:58 PM
Charging me for the screwdriver itself offers waaaay too much leeway for abuse of the law by unscrupulous officers and/or prosecutors.
Agreed.

For a long time I've picked locks for fun. I own a couple sets of SouthOrd picks and still have the first one I ground myself in high school. I'm not great, but I can crack a typical door lock pretty easily and depending on the padlock I can sometimes break them in a matter of seconds. It's fun and challenging, and has even come in handy at home and at the office (swapping lock cores for cubicles and such).

So far, I haven't found any Indiana regulations on buglary tools and I've never had to explain the picks to an officer before, but somehow I don't think "Yeah, it's a hobby of mine." is going to cut it. I don't know if the picks are technically illegal to carry outside the home, but I know that if I'm ever caught transporting them there will likely be problems.

It's like so many other laws. If judiciously applied to bad people, it can be beneficial. If applied literally and evenly it has a huge potential for abuse.

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