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Former UFC Champion Cain Velasquez sentencing this Monday

RockyLockridge said:
yeah but that can of worms is what im talking about i guess, We dont know if this person cain pursuit is innocent or not (Im not sure what the court ruled)
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I don't think it's been finished yet, but from a legal standpoint, that guilt or innocence cannot even be brought up during this case. If an attorney were to start saying, "According to the findings of the court for the victims case..." they would be doing so with the expectation that the state would object, and the judge would agree. It doesn't make Cain's actions more or less legal, it'd just be an emotional appeal for the jury/public's sake

But as far as evidence goes, from what I recall, there still have been no other children testifying, so the lone accusation is Cain's 4 year old saying he touched his penis something like 100 times.
 
Mohawk Banditó said:
I don't think it's been finished yet, but from a legal standpoint, that guilt or innocence cannot even be brought up during this case. If an attorney were to start saying, "According to the findings of the court for the victims case..." they would be doing so with the expectation that the state would object, and the judge would agree. It doesn't make Cain's actions more or less legal, it'd just be an emotional appeal for the jury/public's sake

But as far as evidence goes, from what I recall, there still have been no other children testifying, so the lone accusation is Cain's 4 year old saying he touched his penis something like 100 times.
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A 4 year old can't comprehend what 100 is. He was probably asked if it happened every day, which he probably says yes. And based on how long he was going to that daycare, they came up with over 100 times.
 
RoseHDCovington said:
A 4 year old can't comprehend what 100 is. He was probably asked if it happened every day, which he probably says yes. And based on how long he was going to that daycare, they came up with over 100 times.
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That's possible, but if you were a defense attorney, you'd seize on the fact that that is already getting into what a 4 year old can't fly comprehend. Then you're asking questions like, "Since it was already stated that the child couldn't work their zipper, but needed to use the bathroom, that means he required help to use the bathroom, so how do we know that the son saying his penis was touched is a direct skin to skin contact, as opposed to, the penis made contact to the inside of his pants while the defendant was trying to unzip them?"

Then there's the additional questions of how does a guy who lives in this daycare and is so compulsive that he's molesting every day end up only touching the same kid every time, with no prior suspicion or record. Point is, there's still investigation there into guilt or innocence, whereas the only possible innocence for Cain is whether or not he was the actual party shooting and driving the car, which was a very proven and public action, and we basically know that he was
 
RockyLockridge said:
It wouldnt effect if he's guilty or not but would not not effect sentancing?
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That's a good question. Not sure.

Frankly speaking, I know a lot of judges and though there are sentencing criteria, judges also sometimes just order shit, even things they can't order, if they feel like they can. I can probably find the "legal" answer to it, but that wouldn't stop a judge from potentially taking it into account. As a human being, they'd almost definitely consider the 'evidence at the time of the charge' as a mitigating factor in why Cainwas driven to do it, but I would assume they're not supposed to take into account whether that evidence ended up being right or wrong. Seems like awarding a gamble, kinda
 
RockyLockridge said:
yeah but that can of worms is what im talking about i guess, We dont know if this person cain pursuit is innocent or not (Im not sure what the court ruled)
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Everyone has a presumption of innocence. So legally they're innocent until proven otherwise. Regardless of what sherdog thinks, in the eyes of the law Cain opened fire on innocent people. Now that the jury is out of the equation, the judge will likely apply the law dispassionately, which isn't good for Cain at all.
 
RoseHDCovington said:
A 4 year old can't comprehend what 100 is. He was probably asked if it happened every day, which he probably says yes. And based on how long he was going to that daycare, they came up with over 100 times.
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I suggest you watch the documentary Outcry on showtime. It's about a Texas high school football star who gets falsely accused of child abuse (i think he worked at a daycare or was baby sitting kids). Incredible documentary. The testimony of children is not always reliable in these cases. Human memory in general is very bad but small children especially are susceptible to influence and false memories, etc.
 
There was a lady who ran over her attacker with her car. She saw him while driving and went right for him. Only it wasn't him, it was just a random dude in a parking lot. She broke his legs. She got 10 years.

Not only did Cain use a gun, but the entire thing was premeditated. This victim is now disabled for life.

This dude is fucked.
 
RockyLockridge said:
I'm not American so I'm not sure how harsh of an sentencing he'd get relative to his state ect, But that sounds like a realistic best case scenario to me
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The way I understand it, Cain going no plea took the attempted murder charge off, but unless the court has worked out more deals on top of that, he's still potentially facing

-One count of shooting at a motor vehicle or aircraft
-Three counts of assault with a firearm
-Three counts of assault with a deadly weapon
-One count of willfully discharging a firearm from a vehicle
-One count of carrying a loaded firearm with intent to commit a felony

Even 1 count of assault with a firearm is 3-12 years (I think. At least one of them is. I looked this shit up a while ago and forgot loads. Maybe it's only if the pistol was a semi automatic)
 
Mohawk Banditó said:
I believe violent felony gets 20% credit. Every 4 good days, gets 1 good day, so 5 years is out in 4. Unless they specifically find a way to sentence him on non violent charges
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There are also all kinds of programs in the state system that allow prisoners to earn credits for early release. So the 20% could be bumped to 30-35% if Cain takes advantage of every program available and is a model prisoner. There is a scenario where Cain gets sentenced to 12 yrs and gets out in ~8 yrs. I'd say that is the very best outcome he could hope for.
 
RockyLockridge said:
5 years, heavy fine, community service would be out in 2 years on good behaviour
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5 years? For discharging a firearm in public and nearly killing a dude?

If so, I'd like to see the wizard that is his lawyer. He's getting at least 10 years.
 
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