what would you do?
Last post 01-23-2008 9:51 PM by ucatchtrout. 27 replies.
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01-07-2008 2:26 PM
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MyBFFJay



- Joined on 11-11-2007
- So Cal
- Posts 19
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Ok, a little background on the situation. My son races bmx (bicycle motocross) and have been doing so for 2 years. Recently we there was a rumor that a local bmx team manager is in big trouble with the law. This team manager was once actively recruiting my boy to ride for his team. My wife didn't have a good feeling about the guy so we turned the offer down. Well it surfaces that this guy was charged with several serious charges and is scheduled for trial in February 2008. In the 2 years my boys in this sport we've made a lot of friends and met a lot of good people. Unfortuantely we know a few good kids and thier families on that said team.
Here is my dilema;
1. I feel that I have some sort of responsibility to those families to know the truth about the person/team they ride for.
2. The information about the guy is in public records but I'm afraid I might get sued for libel or slander if I say something.
3. I also feel some responsibilities to the other parents and riders at our local track to know what's going on and who this guy is.
4. I'm afraid that if I don't say something I will regret it in the future and not be able to live with myself if this guy does something again.
5. His case is currently active and he has not been convicted as of yet and he is presumed inocent until proven guilty.
6. I did question the guy about this and he said that the victim is a troubled kid and that he was falsely accused and all charges were dropped. But if all charges were dropped why does he have a court date for these same charges.
What do you do?
Do whatever makes you happy, just don't hurt anyone along the way.
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Barabbas


- Joined on 11-09-2007
- Posts 110
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Slander for telling parents about their kid's managers legal troubles? Or saying you refused to sign with him? Slander requires falsehood, sounds like you might be kind of a *** to the guy - good - he sounds like an arsehole. Tell the parents everything you would want to know as a parent.
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MyBFFJay



- Joined on 11-11-2007
- So Cal
- Posts 19
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here is a text copy of the guys arrest charges without any names
Arrest Charges Count Charge Severity Description Violation Date Plea Status 1 PC 288(A) F Lewd Act w/child under 14 yrs old 10/24/2006 Filed Charges Count Charge Severity Description Violation Date Plea Status 1 PC 12021(A)(1) F Convicted Felon or Narcotic Addict Poss Firearm 10/24/2006 DISCHARGED 2 PC 261.5(D) F Unlawful Intercourse by personover 21 10/24/2006 HTA 3 PC 261.5(D) F Unlawful Intercourse by personover 21 10/24/2006 DISCHARGED Amended Charges Count Charge Severity Description Violation Date Plea Status 4 PC 261.5(D) F Unlawful Intercourse by personover 21 10/24/2006 HTA 5 PC 288(C)(1) F Lewd Act on Child-14 or 15 yrsdefendant least 10 yrs older 10/24/2006 HTA 6 PC 261(A)(2) F Rape by Force/Fear of bodily injury on person or another. 10/24/2006 HTA 7 PC 261.5 F Unlawful Sexual Intercourse 10/24/2006 HTA Infor Charges Count Charge Severity Description Violation Date Plea Status 1 PC 261(A)(2) F Rape by Force/Fear of bodily injury on person or another. 10/24/2006 ACTIVE 2 PC 288(C)(1) F Lewd Act on Child-14 or 15 yrsdefendant least 10 yrs older 10/24/2006 ACTIVE 3 PC 261.5(D) F Unlawful Intercourse by personover 21 10/24/2006 ACTIVE 4 PC 261.5(D) F Unlawful Intercourse by personover 21 10/24/2006 ACTIVE 5 PC 288(C)(1) F Lewd Act on Child-14 or 15 yrsdefendant least 10 yrs older 10/24/2006 ACTIVE 6 PC 261.5(C) F Unlawful Intercourse W/Minor >3 Yrs Younger 10/24/2006 ACTIVE Other Charges Count Charge Severity Description Violation Date Plea Status 999 PC 667.5(B) F Prison Prior within 5 Years 10/24/2006 ACTIVE
Do whatever makes you happy, just don't hurt anyone along the way.
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Xskball


- Joined on 11-09-2007
- Posts 2,476
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If he is teh ghey, tell the parents. If he isn't, big deal.
Estaaaaaaaablishment, estaaaaablishment....you always know what's best......
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dj_doc


- Joined on 12-08-2007
- Posts 687
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Infor Charges
Count Charge Severity Description Violation Date Plea Status
1 PC 261(A)(2) F Rape by Force/Fear of bodily injury on person or another. 10/24/2006 ACTIVE
2 PC 288(C)(1) F Lewd Act on Child-14 or 15 yrsdefendant least 10 yrs older 10/24/2006 ACTIVE
3 PC 261.5(D) F Unlawful Intercourse by personover 21 10/24/2006 ACTIVE
4 PC 261.5(D) F Unlawful Intercourse by personover 21 10/24/2006 ACTIVE
5 PC 288(C)(1) F Lewd Act on Child-14 or 15 yrsdefendant least 10 yrs older 10/24/2006 ACTIVE
6 PC 261.5(C) F Unlawful Intercourse W/Minor >3 Yrs Younger 10/24/2006 ACTIVE
Other Charges
Count Charge Severity Description Violation Date Plea Status
999 PC 667.5(B) F Prison Prior within 5 Years 10/24/2006 ACTIVE
Dude's an EX-con too... Did he tell you THAT?... I wanna know how he's out on bail, if he has an active A felony charge... these records have to be old...
Either way, he's been in prison, though, since that last charge is a PROBATION VIOLATION, right?
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Star Jones


- Joined on 11-12-2007
- Posts 47
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There really should be no question about whether you should tell the other parents. YOU HAVE TO DO IT! How outraged would you be if someone sat on this information and it affected your child? If you didn't trust your wife's instinct, this man would have been exposed to your kid. You say that you confronted the guy and he blamed the young man as being troubled, but you have proof that he is the one with issues. Barrabas said it best, "tell the parents everything you would want to know as a parent." No e-mails, no anonymous phone calls, walk up to them with the proof, so they know that you are serious about what you've found. If they choose to jeopardize their children's physical and mental well being, then so be it. I'd also call the police and see if this man should even be around children.
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Xskball


- Joined on 11-09-2007
- Posts 2,476
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The problem lies that these are merely accusations right now. He is not convicted of any of these crimes. How can you take someone's livelyhood away when THERE IS NO CONVICTION on these charges. Maybe the probation violation but are you privy to his probation terms? I don't think so.
Estaaaaaaaablishment, estaaaaablishment....you always know what's best......
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Dignan


- Joined on 11-09-2007
- Posts 106
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As a parent, I'll err on the side of caution.
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MyBFFJay



- Joined on 11-11-2007
- So Cal
- Posts 19
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Here's the thing, when I talked to him he was real calm about the situation and said the incident happend between him and his step daughter. He said he caught the girl having sex with her boyfriend and she got pissed and called the cops and started accusing him of these crimes. He also said that she recanted her story and all charges were dropped and that if anyone starts saying anything to the contrary that he is going to sue them. So why in the hell does this guy still have an active case? I also looked at his court dates for these case numbers and they are scheduled no later than Feb.19, 2008. He has also attended pre-trial hearings as late as Dec. 22, 2007. I just don't belive the guy. There is also another case involed with this one with charges of "Disuade and/or prevent witness from testifying". I have a friend who's brother works for a Law Enforcement agency and he said he will look into the situation and let us know if there are any legal grounds to keep this guy off the Track grounds. I also got a response from another Dad that said he knew about the case but was told the same thing I was. He said he was shocked to see that the case is still active. He also said he heard rumors that there was video taping involed and another adult male on the same team.
Due to the recent storm here in So. Cal. the bmx tracks have been closed so I'm not able to contact some of the parents and the track operators. I did send out an e-mail to everyone that I know that should be concerned but I aslo told them to keep the source confidential due to what he has said.
Do whatever makes you happy, just don't hurt anyone along the way.
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Xskball


- Joined on 11-09-2007
- Posts 2,476
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You need to do more research. This will get back to you that you were the one warning the parents. And then what, he's going to go after you. You need to have legal proof or use the police or DA's office to find out exactly what is gone on with this guy, not your internet detective work. Sending an email was increasingly stupid as they get forwarded and is hard proof that you were the one leaking information. Look at all the people the last few years that have been totally fucked due to forwarded emails.
Estaaaaaaaablishment, estaaaaablishment....you always know what's best......
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Xskball


- Joined on 11-09-2007
- Posts 2,476
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which is why you should have checked with the courts/police department if there are indeed restrictions on him working with children.
Estaaaaaaaablishment, estaaaaablishment....you always know what's best......
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Star Jones


- Joined on 11-12-2007
- Posts 47
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Him and his STEP DAUGHTER? Yeah, it sounds like he had been poking his step daughter, found out that in her now screwed up mental state of mind, she was letting others get a poke and he had the nerve to get jealous and possessive of the girl, then it went downhill from there. Is he still married? Have you ever met his wife? Why did they split up, if she "recanted" the story?
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Xskball


- Joined on 11-09-2007
- Posts 2,476
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That's exactly what happened. Go beat him up, posthaste
Estaaaaaaaablishment, estaaaaablishment....you always know what's best......
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MyBFFJay



- Joined on 11-11-2007
- So Cal
- Posts 19
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Star Jones:
Him and his STEP DAUGHTER? Yeah, it sounds like he had been poking his step daughter, found out that in her now screwed up mental state of mind, she was letting others get a poke and he had the nerve to get jealous and possessive of the girl, then it went downhill from there. Is he still married? Have you ever met his wife? Why did they split up, if she "recanted" the story?
I belive they are divorced now but married at the time. I do see her at the track every so often with thier 10 year old son who also races. When you put the last name of this guy in public records you will also find the ex wifes name on there and there were restraining orders requested for domestic violence on there.
Do whatever makes you happy, just don't hurt anyone along the way.
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Star Jones


- Joined on 11-12-2007
- Posts 47
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So, what are you confused about? First, you see has charges of lewd act on a child, rape by force or fear. Then you see where he has tried to dissuade and/or prevent a witness from testifying. Now, there are restraining orders due to domestic violence. What else do you need? Now, if the situation is that this is all okay as long as it doesn't affect you and yours, then listen to Eric and keep it moving. But, if you really believe that this guy is a danger to children, then speak up! However, all of these covert operations aren't going to protect anyone, but him. Just remember, that the same way you are sitting on something that could affect someone else's precious child, there could very well be someone sitting on some information that could endanger your precious child.
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Xskball


- Joined on 11-09-2007
- Posts 2,476
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No Matter, Mr. Jay....kill away.
Estaaaaaaaablishment, estaaaaablishment....you always know what's best......
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Star Jones


- Joined on 11-12-2007
- Posts 47
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See here is the problem that I have with what you are doing: WHO THE HECK ARE YOU? And I say that to mean, why would you be the one that he would tell the truth to? I mean the way that you're going about this, you'd do better asking his ex-wife than you would him. I completely understand you not wanting "ruin his reputation," but I'm sorry, as far as I'm concerned, it's either potentially his reputation by talking or someone else's safety, by not talking. Since it appears that his crimes involve children, I'd talk that much sooner. Just because you haven't heard anything, doesn't mean he hasn't done anything. He does have charges of possibly intimidating witnesses on his record.
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