California sentences 25 year old man to 2 years in female juvenile custody

This is one of those stories that can only come out of California.

A 26 year old man with a lengthy criminal record pled guilty to sexually assaulting a 10 year old girl on New Year Day 2014. But here is the twist, he now identifies as "transgender", and the judge decided that as he was only 17 when the crime happened, he should serve his sentence in juvenile detention. Female juvenile detention as James Tubbs now identifies himself as Hannah Tubbs.

https://www.dailymail.co.uk/news/ar...26-sexually-assaulted-girl-10-adult-jail.html

This is how insane California has become when it comes to enforcing the law and protecting its citizens.

 

Longevity is not "a thing" for pedophiles in any correctional facility.

 

Actually, normally it is not a problem as they are segregated from GP.

But after molesting a 10 year old girl, they want to lock him up with teen girls?

 

However, re-offending after they’re released is.

 

Our criminal justice system is very broken.

Further, this case shines a light on the way we treat women in this country. Many people think it's okay because they aren't forced to wear certain articles of clothing, can leave their with or without a male escort and are not blamed and stoned for being raped.

However, the **only** times that sexual assault allegations are taken into consideration is when someone is campaigning for a elected position or re-election. And, even then, it's about the male and the pain those women have usually suffered in silence. In fact, the same thing happens to men. Look at all the adult males that were basically crucified for saying they were sexually abused by a priest.

We don't treat women well.
We don't treat children well.
We don't treat sexually abused people well.
We don't even treat each other well.

The reality is when a male child sexually assaults a sibling (who is a minor), the only option is to separate them under a Guardian ad Litem is appointed and the case can be presented in court. In almost all of those cases, the parent or parents are basically forced to choose between their children. Intuitively, it seems like the choice would be to keep the victimized sibling and remove the offending sibling into temporary housing with a relative or into a group home for children. However, that's not what usually happens. The victimized child is pushed away and basically forced to live independently of his or her parent/s until the court hears the case. That child has already been traumatized by someone she or he probably looked up to and its compounded by parents that aren't willing or able to help their victimized child understand that it is not her or his fault and they will do everything they can to walk through the healing process. That's not how it usually goes.

A former neighbor that I mentioned in another thread has schizophrenia and something else that disconnected his brain from the world around him. He had twin daughters but I never met them as they never visited him. He literally does not eat **anything** except $Dollar Tree baloney and white bread. He doesn't even buy condiments because after his rent and utilities, the rest goes straight to his marijuana addiction. He gets high constantly.

I mention him here because he is one of 7 children. He was somewhere in the middle relative to birth order. When he was about 6-7 years old, his mother went out on an errand and never came back. When his father couldn't find her, he told the kids to put some clothes in grocery bags, got them in his car and literally left them outside miles away from home so they couldn't get back. One of his older brother took charge and found a police officer who took the kids back home and their father said they couldn't live there anymore. The officer contacted DCFS (Child Protective Services) and a social worker picked them up and took them to a group home (used to be called "orphanages"). Over the course of the following weeks, the siblings were all separated and never saw one another again with the exception of my neighbor knowing where his oldest two brothers were as both were serving life sentences for some type of sex crimes.

I have a friend I've also mentioned elsewhere that has a serious sex addiction. She never tells any man "No." She goes on dating sites to find men, has unprotected sex with them within minutes of meeting and then tries to force them into a ready-made relationship. She becomes viciously angry when it doesn't work and she never, ever **pauses** between men. If a guy tells her no, she will blow up at them, wait a day or so, buy their favorite foods or offer them sex or nude massages or whatever just to have somebody (anybody with male anatomy) in her bed every night. It's been about 20 months and maybe 45-50 guys. She is a very kind, loving and helpful person in her job but her personal life personality is a train wreck. I mention her because she's the 4th child but there is 8 years difference between her and the sibling closest in age. Three girls, one boy. At their mother's funeral they all got to talking and realized that their father had sexually abused all of them. Her father and mother were both abandoned by their biological mothers who were migrant farm workers. Her mother grew up in an orphanage and her father was adopted by a wealthy family. Both are deceased now but if I was to take a guess, I'd say her father was probably sexually abused and he in turn needed that outlet and used his kids. In fact, one time I asked her if any of the men she picked up ever bought her dinner or flowers or anything and she they did not and she wouldn't want that either. Her reasoning was that her mother worked nights and her siblings were adults so it was just her and her father. He would come to her bed, do whatever he wanted and leave money on the end of her bed. So, for her, a man buying dinner or flowers equates to her "being paid for sex" so she has no boundaries whatsoever. I recently learned that it's worse than that because she's willing to pull out all the stops to break up relationships just to capture a man. In fact, I took her to the doctor to get tested and she had a bunch of stuff going on but even that doesn't stop her and she doesn't disclose it and she doesn't ask any man about his sexual health history either. I told her last month that I can't process any of that anymore and I've come to terms with the fact that, statistically, she's going to pick up the wrong guy and an std will be the least of her troubles. She is vehemently opposed to counseling and I had to distance myself a bit because it was hurting too much to watch her debase herself and allows others to use her.

I apologize for the length of this post but I wanted to share these things, NOT as an excuse of what this predator did. I just wanted to point out that we, us, are failing these children. If we had a **REAL** system in place to keep these children where they are free from harm by other kids of staff members, this wouldn't carry over into adulthood. It's astronomically ridiculously f&cked up to have a child ripped from the only home and people they've ever known in an effort to "protect" them and then drop them in an orphanage or foster home where they are prime pickings.

I went through this with my ex. The police were at my door to verbally and sometimes physically abuse me based on false reports to the 911 dispatcher. My kids saw me thrown around, hit, yelled at and threatened. So, if there are there on a report of child abuse (which never happened) how does it help those children to see their parent handcuffed and perp-walked out of their own house? My ex did this about every six weeks for FIVE YEARS. I was never combative or non-compliant and I wasn't even upset as my ONLY goal (in my head) was to temper the situation so it wouldn't scare my kids. To this day, both of my children are terrified of anybody wearing a police or security uniform and that trauma did NOT come from me.

I met a guy about 27 years ago who was a therapist in a men's halfway house (a place where formerly incarcerated men go to rebuild their lives after serving their time). His father walked out on his mother and she started prostituting to provide for their household. At no time, did she ever bring any customers home or expose her son to her "job." He was well-fed, safe and loved. One day, an angry mother at her kid's school found out what she was doing and reported her. I forget what the catalyst was but the mom was investigated and her son, my friend, was taken away to a group home. Every single night of his life from the day he was placed there until he reached the age of 18, he was raped at least SIX TIMES. Please hear me. A little boy was ripped from the only family he had and placed somewhere in which he was violated every single night of his life by older boys and staff members. My childhood abuse was different in that I never lived anywhere except with my parents and I chose to volunteer as a child abuse advocate just as my buddy chose to take his pain and grief to get the credentials he needed to help other little boys living that same experience.

And, as sobering as that is...our society is very dysfunctional. Here's some food for thought...

* If I took my childhood abuse and became an alcoholic - there's Alcoholics Anonymous
* If I took my childhood abuse and became a drug addict - there's Narcotics Anonymous
* If I took my childhood abuse and became promiscuous - there's Sexaholics Anonymous

However, there is absolutely no support for people that were severely abused as children that chose NOT to compound that with risky behaviors. Doctors are not even trained to handle abuse survivors and they blow us off and say we're crazy. I know of at least 30 women that were terrified when they gave birth, not because of the pain of childbirth, because they never disclosed to their own doctor that they had been sexually abused and the birth process can be very, very triggering. It is generally believed that the statistics for sexual abuse of children is underestimated.

https://www.safehorizon.org/get-informed/rape-sexual-assault-statistics-facts/

My point is this. As long as we have the attitude of "us versus them" this type of situation will continue to happen. Yes, I agree with any of you that said this is an outrageous judgment, BUT, why are we waiting until these predators move on to bigger crimes? Why are we turning our backs on the kids that never had a loving, nurturing, safe and worry-free childhood? Criminals aren't born. There are no fields where somebody plants seeds that grow up to be predators. Criminals, found out or not, are created by our apathy long before the age of 25.

The reality is sexual predators can't be cured. Their addiction can only be managed and that takes a lot of work on their end (keep appointments with doctors and psychiatrists, take prescribed medication, pre-plan activities for distraction from their fetishes, etc.). If I had my way, every convicted murderer, rapist and pedophile would rot in prison. I don't even care if that means letting everybody else out. Sadly, it's too late for many of them, but it's not too late for us to demand and keep pushing for positive changes in these institutions to ensure that children are not removed from an alleged abusive situation into a almost-guaranteed abusive situation.

Please don't read this as a justification or rationalization. I absolutely agree this was NOT the right decision and my hope is the people on the other side (the leaders in that facility) push back hard enough for this to be overturned. I have nothing against non-heterosexual people or transgender people. I have an absolutely, irrevocable issue with criminals, especially the ones that prey on children.



The onus is on us. All of us that want a better future for our own children and descendants.

 

@MJ Davies

Thank you for taking the time and effort to so thoroughly express those thoughts.

After a a full career in LE, I would say that the criminal justice system DOES fail children and victims too often, but that it is the savior in others.

The well-intentioned people who run the system should continually look critically at the system, improve what needs improving, and when dealing with physical and sexual abuse in families, always try to do the best thing. This can be excruciatingly difficult at times.

I agree that physical and sexual abuse can be generational in families. I would like to believe that the criminal justice system gets it right in a lot of cases, and may be the only thing that has the best chance of breaking the cycle. But I completely recognize that the system also has its failures, and those failures can be tragic.

I saw both outcomes happen during my career.

I have a very close friend, now retired, who worked sex crimes for a large part of his career. He became extremely skilled at it, and he put away many sex criminals for long prison terms. But it also took a toll on him. As good as he was at it, there were failures, and he lives with guilt for those. He literally has PTS from those, from the ones where the system failed. He takes it personally, and it will eat at him for as long as he lives. I have a great deal of respect for him and what he did, and I have told him so. But I’ve learned to avoid the subject with him because when he talks about it, he invariably brings up the failures, and he regrets them deeply. So I avoid reopening those wounds.

Retirement has been good for him. He is so much happier now. He is gradually recovering and more able to enjoy life I believe. We spent the afternoon together yesterday, just playing guitars and listening to music, and having a beer. I love the guy like a brother.

Seth

 

Seth, thanks so much for sharing that with me. I certainly didn't intend to imply that our mental health and criminal justice system ALWAYS gets it wrong, but there are more enough of the "fell through the cracks" to warrant significant overhaul and changes.

I am sorry to hear about your dear friend's emotional pain and I share in that as I have complex-PTSD for the same reasons. It's impossible to avoid that when we are faced with the horrors of how some humans treat one another and animals. The nightmares never go away. However, I am, albeit scarred, grateful for it because the absence would mean that my heart had been changed. In essence, the "bad" people had won in their unspoken quest to drag me into the black hole of negativity and apathy where they reside.

Therefore, your brother*, even in his sorrows for the ones that got away, is clearly a beautiful and courageous person. Fighting to protect others from the monsters is not for the faint-hearted. The people that don't know what's in the black hole need to not know what's there and those of us that willingly walk into make that silent promise to them that we will go into the abyss and do everything in our power to ensure they can live in a world where they don't have to know. We carry those burdens for them.

Seth, please tell your brother that he can absolve himself of his guilt and regrets for the ones that got away. As long as he knows that he made a difference, however small he perceives that to be, he is standing on the right side.



https://eventsforchange.wordpress.c...sh-story-one-step-towards-changing-the-world/

There is a poster here, @Daniel Light, who I don't often correspond with but I include him in my gratitude. I never shared that with him but want to publicly state it now because it fits in this discussion. Early last year, he disclosed being a crime scene photographer. It takes a brave person willing to face all the horrors of man's inhumanity to each other and document that evidence to help the police and justice system find the monsters and put them behind bars. I have intervened in many publicly abusive matters outside my job. Nobody will ever be abused in my line of vision and I walk away. I think about the hundreds of people that saw what was happening to me that said nothing, did nothing to help. I can and will stand toe to toe with any abuser but I don't know that I could do what @Daniel Light does (or did). I don't know that I could photograph crime scenes. I can barely tolerate the negativity on this forum. LOL

So, you see...those of us that stand on the side of good all contribute in our own way. We each take the part of the monster we can tolerate and do all we can to make the world a better place. I am honored to know you and, through you, your brother. Please tell him that another person on the planet loves him like a brother for doing his part to help us push back against evil.


** Friends are the family we get to choose and I am much, much closer to my friends than I have ever been to anybody in my abusive family)

 

@MJ Davies

Thank you so much for your words and thoughts.

My dear friend ... If you met him not knowing, you would never guess he had been a cop. He doesn’t fit the familiar stereotype at all. He doesn’t have the beefy arms and body, he doesn’t have the squared jaw, the goatee beard and shaved head, or macho tattoos on his arms.

He has a soft voice, a self deprecating style, he’s humble and approachable. He has a truly gentle spirit. He’s a loving husband to his wife of 34 years, loving father and grampa. He loves cats and dogs. They have 5 cats and two dogs. The dogs are friendly, the type that would probably think a burglar was a new friend come to visit, lol.

But it was this presentation that helped make him so effective. He could easily put frightened, victimized children at ease, AND he could make suspects feel comfortable in confessing to him.

Towards the end of his career, at the rank of sergeant, he knew that he needed to get out of detectives and sex crimes, so he went to patrol and supervised a shift.

I remember one time I was on graveyard shift and I got dispatched to a sex abuse case while we were both working. A woman was reporting that her two daughters, ages about 10 and 12, had disclosed to her that her live-in boyfriend had been sexually abusing them while she was at work. I got the initial information and called my friend to the scene. Normally, a patrol sergeant would then call in the sex crimes detective, and that detective would respond from home and take over the case. My friend, with years of experience under his belt, just said, “I’ve got this.” He worked all night on it and interviewed the suspect first thing in the morning. He gave a full confession. He was arrested, and by now he’s probably done around 15 years of his prison sentence.

And this ... A couple years before he retired, he was the patrol supervisor when they responded to a call of a welfare check on a family. The marriage was failing and she was going to file for divorce. But friends and family couldn’t get a hold of her now.

My friend and his partners ended up breaking into the house. My friend went in first.

The whole family was dead. It was a multiple murder and suicide, including the children. And so, for my friend, this wounded man, the hits just kept on coming.

You spoke of “the black hole, the abyss” that most never have to see, and I thought of that. My friend is a hero, a warrior who fought the good fight, and he carries the scars. But this humble man, he would never agree with that description of himself. He would just deny it. It’s not false modesty either. He thinks other people we worked with were the heroes, but not him. He would just tell you about the time he couldn’t make the case, it wasn’t strong enough, and so he couldn’t arrest, and not long after that, the 1 year old was raped by the same suspect, beaten, and murdered.

When he retired, he wouldn’t let the Department give him a party. He retired on the day he was eligible, and he walked away from it all, without fanfare.

So now, it’s best to just let him enjoy life, and let the past be the past, and let it fade from his thoughts, as much as that’s possible.

His wife is an angel in my book. She knows, and she loves him forever. He’s lucky to have her.

So when I see him, we play guitars, listen to music, enjoy the menagerie at his house, talk about our families, and have a beer and some laughs. And I just leave the past alone.

How many more are among us like him? Those quiet unsung heroes. There are no Medals of Honor for them, no Purple Hearts pinned on their chests. But they are there.

Seth

 

You are quite welcome, Seth.

I know exactly the kind of person you're talking about. I had to adjust my running path because kids just gravitate toward me. It's been that way my whole life. At least 25 toddlers and young kids I DID NOT know started crying and running after me (ie in the doctor's waiting room, grocery store, park, anywhere practically). I always make a point to locate the adult with the wandering kid, make eye contact, say something funny to let them know I'm not a perv.

There has only been one time I put my hands on a toddler I didn't know. I was in a department store, grabbed whatever it was off a shelf and turned and walked away. As soon as I did, I heard a very faint sound. I stopped but didn't hear anything else and my brain immediately identified the noise. It wasn't even a conscious thought at the time. I ran back, swooped up the little girl and ran as fast as I could. Literally, seconds later, that whole display crashed to the floor. There was broken glass, splintered wood from frames everywhere. She was a little bitty thing. The weight of those shelves would have crushed her to death. Once I had her out of harm's way I found the adult who was on the phone almost at the end of the aisle. I handed her the child and apologized for grabbing her like that and it was only then that she saw the spot where she walked away from the child. There was no way that baby would have survived that crash. Who the hell walks away from a baby in public?

Outside that, I keep a perimeter because some parents start freaking out thinking I did something to get their kid's attention. Hell, if I knew what it was, I would STOP doing it. It freaks me out for somebody's kid to start following me! So, yes, I absolutely can relate to your buddy's "gentle" touch to get the bad guys talking.

I also admire that you speak so highly of him. Sometimes, especially in criminal justice, we get so burned out that we can't see anything in the world but the dark side. I'm sure your buddy appreciates your friendship and you both are fortunate to have those nice days and grasping all the sunshine and joy you have together. I don't have to remind you - don't lose that. That's very, very special.

Thanks again for sharing part of your life with me. With gratitude.

 

And thank you too!

 

OP: well, (s)he's going to have some fun.

 

Another one of the fruits of liberalism sheer insanity.

Morons, they just locked the fox in the hen house

 

adults should not be in Juvenal facilities - don't care if you were a child when committed crime and not caught and sentenced until you were 85

oh wait, that is not what happened

"could be allowed to serve her sentence under house arrest", because she is now too old for the Juvenal facilities

 

Would this be something you would consider trying to get this judge off the bench?

I've been thinking about it since I first read it and I can't come up with any reason this might make sense.

 

why, cause the judge chose house arrest vs sending a 25 year old to a Juvenal facility?

I do not think the judge had a choice, the defendant was charged as a minor, but not sentenced until 25, 25 is too old to be sentenced to the Juvenal facility

"the Los Angeles County district attorney refused to prosecute the 26-year-old as an adult for the crime committed"

this would be the da that is to blame, not the judge

 

No. I meant do you think there has been some miscarriage of justice in this case?

I agree with you that an adult should not be incarcerated with children for any reason, transgender or not.

My concern is why don't we already have some separate *law* that addresses the issue of someone reaching the age of majority before their alleged crime is on the docket? I'm not saying that should be a whole new prison for adults tried as juveniles but this outcome is not right.

 

In the State of Florida there is something called a youthful offender status.

This is when a juvenile has been charged as an adult and sent to State prison. There are a handful of youthful offender prisons in the state.

I believe the age limit is 16 to 24.

Now if a youthful offender who is say 16 was sentenced to 20 years in prison, the day he turns 25 he goes to an adult State prison.

 

House arrest and not registered as a sex offender. For molesting a 10 year old girl.

 

Somebody who molested a 10 year old girl gets house arrest, and is not registered as a sex offender.

Does this sound like justice in any way, shape, or form for the girl?

Hell, just go ahead and do all the crimes you want just before you turn 18 in California. There will be almost no consequences.

 

Other states do similar things. Some charge the minors as an adult.

In one case I was involved in, two 16 year old kids attacked me with metal pipes. It was one of a series of staged ambushes, and they targeted delivery drivers. Calling in a fake order to a house next door then attacking them when they arrived. They were caught, and the main one involved I gave a good description and identified him clearly (plus his cousin who was only an accomplice flipped on his ass), the DA gave him a choice.

Either plead out when he reached 18 to the one count and serve the max of 20 years, or go to trial where they would charge him in all 11 attacks, and request for consecutive sentencing in each one. He took the deal, and the week after he turned 18 got sentenced to 20 years.

Which BTW is now over 25 years and he has been denied parole every time he has come up for it (his third hearing was denied last year). While in jail he has gained several additional charges and sentence extensions, including fights, narcotics, and "throwing bodily substances at a guard". The last time he came up for parole I sent back my victim statement stating that as long as he had a clean prison record I had no problem with him being released after 14 years. And the Alabama DOC sent me a letter back which included over 20 additional charges he has incurred while he was locked up.

And unless he changes his ways, he is just one of those that may spend their entire lives in jail. The daughter of a friend of mine knew him in school, and said he was a POS even in Junior High.

 

because was charged as a minor, not a adult

 

And that should not matter. And he should have been charged as an adult.

He was literally 17 years old and 50 weeks.

In fact, here is the worst part of it to me. Under Proposition 21 (2000), sexual crimes for those over the age of 13 must be charged and tried as an adult. It is the freaking law, yet the DA ignored that and charged him for only the lesser charges as a minor. This is typical in California, as very few cases ever seem to get charged as they should be. Normally seriously downplayed to one degree or another.

By law he should have been charged as an adult. And as such sentenced as an adult. Of course, I have seen this so many times it is not even funny. Get the crap beat out of me or gang jumped stopping a shoplifter, only to see the DA refuse to prosecute for any charges other than the petty theft. Legally their actions changed it from Petty Theft to Robbery and battery, but most DAs will never charge an individual that way. Instead charging them only for the most minor charge (which generally only gets a small fine and time served).

 

"And that should not matter. And he should have been charged as an adult."

yes, he should have been, that was the DA's choice to charge him as a minor, as I said

min wage employees have no desire to risk their lives stopping a shoplifter.... that is the reality of it, when caught we need to sentence them with harsh sentences to send a message, as it's not up to a min wage employee to stop them, it's just not

 

I'm not sure where you think I stand on this matter. Can you clarify that please?

 

I was hardly some "minimum wage employee". And yes, in that I agree because such individuals are not trained to do such a job.

I was actually a trained Loss Prevention Officer, and that was specifically my only job. And I was not paid "minimum wage". However, I quit doing that once I realized that the DA basically blew off all cases that involved the use of force by the thief, and only charged with minimal petty theft charges (if they even charged them with that and did not just throw it all out the door). I can not even begin to tell all the times I was assaulted, only to get a call from the DA a few weeks later outright saying they were not even going to charge them with anything.

I did not quit because of pay, I was actually paid quite well and I enjoyed the job. I quit because I did not feel safe as the state and local officials would not protect me in the event a stop became violent. My wife told me she was more worried when I was doing that job then the year I spent deployed to a combat theater. And after a particularly violent stop that was all caught on video with a guy that had a long violent criminal record that the DA only charged him with only Petty Theft, I quit. He did not even get a parole violation, nothing. Just time served as he was arrested on New Year Eve and spent 3 days in jail until his arraignment when he was released.

That literally taught him that it is OK to beat up security, the state will not do anything to you if you do even if you are caught. My youngest son used to do armed security, he quit about 3 years ago for the same reason. A lot of security in California are assaulted and killed each year, and only those who murder one ever seem to get charged for it. Which is why in the rash of flash mob robberies in the last year you hear a lot about security getting jumped and pepper sprayed. They have learned that even if they do that and are caught, odds are nothing will happen to them beyond the theft charge.