- law.dawg
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Judge Ellsworth slapped former Deputy District Attorney David Schubert with a nine month jail sentence stemming from his arrest last March for buying $40 in crack cocaine. As most of you will recall, Schubert was a top prosecutor who handled the Paris Hilton and Bruno Mars cocaine-related cases not long before his own arrest.
I would imagine doing nine months in the pokey would suck for the average joe; however, for Schubert, I would bet it will be even less fun..
I actually think this guy got screwed as opposed to the special treatment people are ranting about. If he was any other first time offender on this kind of charge, most Clark County judges would've given him the shot at probation and the opportunity to avoid the felony if he kept it clean. If any of the people he prosecuted are enjoying a stay at CCDC, they will be all too happy to say hello.
I think the sentence is probably about right. I agree that he received a harsher sentence than John Q. Public would have received and the people who are ranting about him getting a break have no idea what they are talking about.
However, like it or not, he was a lawyer who was prosecuting drug crimes. As a consequence, he paid a higher price than the average citizen.
Also, it is nine months, not like it is years in the big house. Don't get me wrong, jail time would suck and I would not want to spend nine months in jail, but I wasn't out buying crack either.
This case is pled to a misdemeanor 99.9 out of 100. He basically pled to the top charge that could have been proven at trial. He got screwed
He got screwed by the judge, plain and simple. In 99% of cases, first time possession gets you a suspended sentence that is dismissed if you keep out of trouble, which is what he expected when he took the plea. But Ellsworth is up for reelection, so she signs off on the plea agreement to secure that guilty plea, and then calls it offensive at the sentencing. It's crap.
And yes, he was a lawyer prosecuting drug crimes. STF what? He didn't steal money from the DA's budget to buy his medicine of choice, and he didn't neglect his duties. He didn't violate the public trust. He screwed up, and screwed up badly, but he didn't use his office to do it. Bruno got probation, Paris got probation, but because he's an attorney, Schubert gets jail time. That isn't fair, that's punishing him because he was able to pass the bar. (Good luck bar takers, by the way!)
And meanwhile, brand-new DA Steve Wolson declines to prosecute the HPD officer who kicked a semi-conscious diabetic in the head, citing the passage of time (not the statute of limitations, which hasn't run, but time passing.)
Wolfson's first public move appears to be a major blunder. Those cops deserve jail time a lot more than Schubert does.
Wolfson is now in the red. And he gets extra demerits for the questionable logic which apparently drove his decision. A very poor decision.
Yes, Wolfson made a dumb move, and to cite the passage of time as an excuse? What about the Hells Angels Wedding Chapel case, that case, also on video, took over two and a half years for the state to go to the grand jury to seek charges— very trumped up charges to say the least!
My father, who recently passed away, was a Type 1 Diabetic. When his blood sugar was too high or too low, and "if" you didn't know that he was a diabetic, you would think his was intoxicated. My biggest fear, was if his blood sugar wasn't properly managed, who would metro think? I am thankful, that he wore not only an emergency bracelet, but an emergency necklace as well. I feel that metro needs to UNDERSTAND ALL "emergencies" that surround the publics safety…including the understanding of diabetes. This man who was down on the ground, WAS NOT HARMING ANYONE, but himself, due to his blood sugar. The metro officer saw NO THREAT, therefore he should be prosecuted.
Ellsworth was trying to ensure her re-election.
Quoting Slapshot, "That C#@t is no good." 30 Days would have been plenty of time to make her point.That judge, who insists nobody calls her judge, only your honor, is a total byaaaatch!!!! Vote for Phung Jefferson.
A 40 of Krissel for his Pizzel , and a unregistered firearm. Now he's avoiding his 9 month sentence. He belongs in the penitentiary