Saddened me too, jto. More may come out in time, for now let's pray the kid gets the help he needs. It's probably not over.
I agree, the tone in this thread is pretty good...still some misinformation.
Marsteller...
- Thread starter diggerpup
- Start date
I agree, the tone in this thread is pretty good...still some misinformation.
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A couple of salties where I am at got high and drunk and then played hide and go seek in the house they were at. Then one of them got out a pistol and started playing tag with guns.
A couple of salties where I am at got high and drunk and then played hide and go seek in the house they were at. Then one of them got out a pistol and started playing tag with guns.
5-panel, 7-panel, 10-panel, 12-panel drug tests...with bath salts, flakka, and synthetic drugs more recent...always playing catch-up to the drug scene.
Amen. God knows I made a ton of very poor decisions in my teens/20s. Regardless of the final outcome, the
young man still has a lifetime ahead of him (with or without wrestling). It's a very sad story. Here's hoping for the best.
When I first heard the story, I thought about how much has changed since my college days. It's really unlikely this would have become a police matter back then. Hope Chance gets straightened out. Sad tale so far since he's graduated high school.
He's out on $50,000 bail and back home with his parents until it's time to come back to Clinton County to face the charges against him. Reported today in the Lock Haven Express.
He's not going to jail, he'll be alright, not enough priors.
This is his last wake up call, however, and most likely concludes his D1 career, I think if he attends his diversion and probation programs and meets the requirements, then he could wrestle D2 or D3 in two years.
This is his last wake up call, however, and most likely concludes his D1 career, I think if he attends his diversion and probation programs and meets the requirements, then he could wrestle D2 or D3 in two years.
http://www.pennlive.com/sports/index.ssf/2016/08/star_wrestler_posts_50000_bail.html
Interesting last paragraph:
Interesting last paragraph:
Per the Express article, "No lab services were requested by the police." Another statement from the City Police Cpl. states that they didn't feel it was necessary (for lab work) at the time because they had their hands full.
I disagree though with your opinion about jail time. I believe from what was reported today, about him spitting blood in the eyes of and attacking several officers, he'll go for at least a short stay. But that's just my opinion.
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It's time for Mr. Chance to grow up. He's not 17 anymore. At some point in college you figure out that there are more important things in life than getting drunk and making a fool of yourself. I hope and pray he figures this out sooner rather than later.
I honestly don't feel bad for him at all. The kid is 21 not 16... He needs to grow up. A career thrown away....
Jails are over crowded, it's a major problem. The kid is not a criminal, he's not breaking into houses or robbing people, judges realize this. He's not doing time.
Quick Google search says Clinton County on 8/30 had 204 prisoners, and opened a 138-bed expansion in 2005. There may be some overcrowding there, but is it enough to keep someone out of a short stay in the clink for assaulting police officers?
I seriously doubt this case goes to trial -- it screams settlement. And I'll also be very surprised if he doesn't get some time, maybe something very short with good behavior, but something. Spit blood in an officer's face, with no drug test evidence showing he was drugged up, only leaves intent and insanity.
Speaking of which, the part that I don't get -- maybe one of the board's attorneys can explain -- is why no sample was taken for drug testing. Is this something that still requires consent even after all the erratic behavior, assaults, and attempted assaults? Did the officers whiff on this? Something else? I'd think the officer who got blood spat in his eyes would be entitled to know if he's at risk of any disease transmittal.
Jefe: Attorney but not a criminal atty by any means. Only thing I can think is as you said "intent". They had him on a truck load of charges without testing him for drugs or anything else for that matter. This way he can claim he was drugged out of his mind and did not intend to insult anyone but there is no proof of his being intoxicated. All of that said his behavior alone would be fairly good evidence of that. If there are any criminal lawyers here would like to hear their take. Also, I would imagine the officers are going to get tested after an incident like that no matter what.
Post-arrest warrantless blood testing is an illegal search per the fourth amendment, so maybe they just didn't want to get a warrant, feeling that they had enough on him already. Or that they didn't feel drugs were involved, that alcohol explained everything just fine.
I had a thought similar to KFM74's in that the decision could've been guided by gamesmanship--no drug test, weakened affirmative defense that mitigates intent. I don't know enough about PA criminal law to know whether that would even make sense under the circumstances. Defense could still make that claim and provide evidence of its own.
One reason I think that not testing him is better explained either by the cops thinking drugs weren't involved or not wanting to be bothered getting a warrant is that blood testing could've opened the door to a search of his residence where they could've found who knows what and tagged him with all that. That cuts against a gamesmanship theory.
I had a thought similar to KFM74's in that the decision could've been guided by gamesmanship--no drug test, weakened affirmative defense that mitigates intent. I don't know enough about PA criminal law to know whether that would even make sense under the circumstances. Defense could still make that claim and provide evidence of its own.
One reason I think that not testing him is better explained either by the cops thinking drugs weren't involved or not wanting to be bothered getting a warrant is that blood testing could've opened the door to a search of his residence where they could've found who knows what and tagged him with all that. That cuts against a gamesmanship theory.
Agree on the last part, I have no idea why there wasn't a blood draw for presence of controlled substances.
I just don't think jail time will be given, provided a plea deal with a heavy probation and fines can be worked out. A suspended sentence is likely, which means no time now, but the next slip up and he'll see 6 months to a year in county.
A better attorney may have asked that the family leave him in jail to show contrition and self punishment. Judges can see it that way often times and decide that the time served (2-4 months) is adequate and any additional punishment is linked to probation and counseling.
Your "better" attorney would be an "unlicensed" or "disbarred" attorney before long if they acted as you suggest. Setting aside the dubious proposition that jail is the best thing for a defendant, it's an attorney's job to act at the behest of his/her client, not his client's family.
Precisely. When sentenced, if given a short jail term, he'll get credit for time served.
I don't think he's going to jail.
Your probably right but prison sentence should be the minimum. If you assault a police officer you deserve at least a year in prison. This kid assaulted 6 police offers. He deserve to do some time.
The assault charges will be pled down to resisting arrest. Again, no priors, that matters in everything. No priors means his charges can be reduced and a severe probation can be worked out, or a suspended sentence.
No, it's fundamentally wrong to assault police: I have great respect for the job our police do, it's an incredibly difficult job psychologically, in addition to the life dangers for every single cop out there. Yes, he "should" be in jail for a short sentence, but again, we live in a nation where jails are overcrowded. Is Clinton County jail overcrowded? No, but many other jails and PRISONS in this nation, are indeed overcrowded. More people in correctional facilities in this nation than anywhere else.
Thats another argument. Is Chance Marstellar a criminal? I say hell no, I've seen criminals and Chance Marstellar is not a criminal. Probation.
If you hit a cop you need to lose your freedom for a period of time in my belief. Whether you call him a criminal is not all that important to me.
If the determination was as simple as that there would be many more individuals hanging out in county or state locations of incarceration.
The cops were not going to get a warrant to draw blood, he wasn't driving. However I am dumbfounded to understand how the ER doctor did not feel it appropriate to order a screen. Based upon behavior amphetamine or methamphetamine use had to be suspected.
I agree, any kind of assault on a cop demands real punishment and a certain time of incarceration, but I am not going to pile on a young kid who made a mistake, just to pile on.
Not that this is a surprise or anything, but just to keep folks in the know. Chance waived his right to a preliminary hearing on Tuesday. The date hasn't been scheduled yet for his arraignment.
That's all normal, I believe.
As I said before, Chance won't be incarcerated, he has no felony priors. Hopefully, he is working now on his personal life and his choices, and is moving on with his plans. Great young man with good character and a good heart, who I am rooting for.
A certain father of several prominent central Pa wrestlers did just that and spent nary a day in jail. Sometime it's who you are and who you know.
Safe to say the doctor knows more people in the Dauphin County legal community than Marsteller does in Clinton County's.
Did that Doctor fight the cop off 1 knee?
IMO this young man needs some time in an institution, prison, jail, rehab, psych...Bad enough to attack Police who are trained to defend themselves, but attacking hospital personnel is just OB IMO. If I got that part of the story wrong, then I'll walk it back. Time to nip this in the bud. A ticking time bomb.
I'm not a specialist so I listed many options, but he needs time away from society as he is a menace. To attack law enforcement and then attack healthcare personnel(as I understand it) is completely unacceptable and can't just written off as he was 'drunk','stoned'...
I should go back and read the detail because he should've been in restraints in the ER(again no clue on ER policy) since he was ultra aggressive and a danger to himself.
I reiterate I stopped reading this thread since some posts thought the police over reacted. I feel the opposite, I think the police should've tagged and bagged him when he exhibited his aggressive behavior.
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Blanket statements of should have generally make us feel better, but rarely do they provide thoughtful guidelines.
The kid pucked up that night on so many different levels it is sad. Instead of throwing the kid away which ultimately molds him into a burden on society, give him a lifeline.
in answer to your puzzlement re no testing for drugs,i'm a little puzzled too. i know with bath salts one of the issues is that almost as soon as the state makes one of these synthetic drugs illegal,the scum making them tweaks the formula and now they've circumvented the law. the state continues to play catch up. however,in my experience these druggies seldom use just one drug so,although the synthetic they took may not be illegal,chances are they may have more "traditional"drugs in their system.
The hospital did do a tox screen. Kinda tough to diagnose or care for a highly agitated patient if you don't know what he/she took, or if they took nothing what other causes need to b explored.
The cops really have no reason to ask for any blood work. He wasn't charged with a DUI or public intoxication. If necessary they can go back and supenia the results.
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