Cody Journell arrested and charged with Class 2 Felony

[Hokie200proof]

Nothing really justifies breaking and entering with weapons, etc.... but if this turns out to be over weed...

Where's the :rollseyes: smiley?

 

[Ballboy534]

Completely OT, but if anyone cares to watch starbigd continue to implode, feel free to check this fucking thread out: http://www.sportshoopla.com/forums/college-football-forum-message-board-general-discussion/57858-sec-2012-schedule-5.html. It's like he completely failed social skills as a kid...

 

[Forty_Sixand2]

That guy is such a tool. Did you see my spat with him on the Ohio Stare suspension thread. What an idiot...

 

[Hokie200proof]

Pretty cool, BAMF of Tigerbait to have his own smiley. Didn't know that's who it was.

 

[wildturkey]

Wouldn't it have made more sense to give Journell is his own topic instead of posting it here? It is kind of a big deal.

I won't comment on the alleged crimes till we know more details but from a football standpoint, I honestly believe this isn't that big of a deal. IMO, Journell has been a bust since day 1. He was a highly touted kicker coming out of HS yet the kid struggles to make kicks 35+ yards. His longest is 42 yards, not all that impressive IMO. Beamer obviously isn't all that confident in him because he's punted quite a few times this year when we're in FG range. So for the bowl game, get Weiss, Coale, Meyer, anyone out there practicing XPs. Anything more than a 30 yard field goal during the game, just go for it on 4th down. Then head into the off season looking for a new kicker like we seemingly do every year.

 

[Forty_Sixand2]

Ask and I shall deliver....

 

[Taz_Hokie]

Ask and I shall deliver....

I'd like a hot redhead...

 

[VT_Football_Fan]

I'd like a hot redhead...

Merry Christmas!

 

[VT_Football_Fan]

Oh and Cody has been denied bail. Will be sitting for awhile.

 

[Forty_Sixand2]

This must be pretty serious with some of the nut jobs who get bail these days....

 

[HokieEsq]

This is the Commonwealth of Virginia, after all. Generally, if you are charged with a Class 2 Felony (maximum penalty being life imprisonment) you are not going to get bail. Frankly, they are lucky to not have been charged with Robbery in this one (also carries a maximum of life imprisonment). If this turns out to have been an air-gun, then the severity of the burglary should drop down, but a robbery can be charged with the threat of force. It sounds like an awful mess. It makes me really sad that these young guys (especially Journell, a scholarship athlete with a couple more years of college and then who knows what) are in so much trouble over something that sounds so stupid and easily avoidable. What a way to potentially flush your future down the drain.

But...

We have to remember that these guys are innocent until otherwise proven and that the media is just out to sell advertisements. So let the facts come out before we start assuming things. But, as a Hokie, I don't want this stuff associated with my team. I agree with the suspension. Just a sad day.

 

[Forty_Sixand2]

Welcome, HokieESQ! I hope you enjoy the place.

 

[bigesse16]

In case you forgot, it's just a game. Also, you can't honestly sit there and tell me that if this were UVa, that you wouldn't be sitting back and enjoying the show.

It's more than just a game when you bring in criminal charges. This kid could be in prison for a long time.

 

[bigesse16]

For the most part, I can tell that most of you are finding the humor in this. I guess I shouldn't have said some of you and should have just said bigesse16 instead.

I may be the only one who doesn't find humor in it, but I'm fine with that. This is some serious stuff going on.

 

[HokieEsq]

It's more than just a game when you bring in criminal charges. This kid could be in prison for a long time.

It is serious. All of the three could do time over this. But I think the most serious thing that comes out of this for any of the three is a possible felony conviction. Think about it, yesterday you are a college student, on break, going to a bowl game, counting down the days until the spring semester starts. Today you are in jail, facing time, facing losing your voting rights, your gun rights, losing most decent job prospects, for the rest of your life.

This is a very big deal for these kids. This could be the beginning of the rest of their lives.

 

[Forty_Sixand2]

I don't mean to make light of a serious situation, but every time that I read about the air soft beebee gun, I immediately think of this:

 

[VTscores]

If it was a pellet gun, and Journell wasn't the guy with it, how much difference does that make?

It seems like the charges are pretty severe compared to the actual outcome.

 

[Lumbee09]

If it was a pellet gun, and Journell wasn't the guy with it, how much difference does that make?

It seems like the charges are pretty severe compared to the actual outcome.

Not a lawyer or anything, but still a felony I believe. Just looking at VA laws, breaking and entering with deadly weapon is class 2 felony. They will probably have the deadly weapon part dropped, but it will still be a class 6 felony. Means a much lower punishment. The difference in penalties looks like this:

For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.

For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

So could be the difference between spending 1-5 years in jail compared to 20 to life in prison.

EDIT: If anybody has more direct knowledge/experience then correct me. That was just from looking at VA Code online.

 

[VT_Football_Fan]

Not a lawyer or anything, but still a felony I believe. Just looking at VA laws, breaking and entering with deadly weapon is class 2 felony. They will probably have the deadly weapon part dropped, but it will still be a class 6 felony. Means a much lower punishment. The difference in penalties looks like this:

For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.

For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

So could be the difference between spending 1-5 years in jail compared to 20 to life in prison.

EDIT: If anybody has more direct knowledge/experience then correct me. That was just from looking at VA Code online.

You are right. Will probably get reduced to a Class 6 Felony. Normally, being he is a first time offender, he would get a suspended jail time sentence. Laymans terms basically probation. One fuck up and he would be put away. But being that it was over drugs, I don't see him getting suspended jail time. Will probably spend ~16 months is my best guess. Sad really. I do feel for his parents, couldn't be much worse timing.

 

[HokieEsq]

Well, Ok. This is serious. I am not sitting with my Va. Criminal Code at the moment but, if there was no deadly weapon, this should drop to an unclassified felony, with a sentence range of 0 - 20 years.

Let's talk time if convicted:

Virginia did away with parole in '95, so they implemented the Virginia Sentencing Guidelines to give consistent sentences to offenders in similar situations. I glanced at the online guidelines (I don't have my manual with me) and I believe that the guidelines would call for an active sentence of up to 6 months for the Class 2 and straight probation for a reduced charge.

When you speak of a class 2 calling for 20-life, it's important to know that the judge who sentences an individual has the ability to suspend any portion of a criminal sentence (that is not a "mandatory minimum" and we aren't dealing with a "mandatory minimum" in this case). So, let's say individual A is convicted by a judge of a class 2 felony. The judge would have sentence the person to at least 20 years, but could then suspend up to 20 years of that sentence and put the person on probation.

Now, on the other hand, if a jury found a person guilty of a class 2 felony, they would be told to recommend a sentence of 20-Life. Whatever they came up with the judge would likely impose without suspending any of it. I would not think a judge would give a first time offender in this situation 20 years to serve in prison (because that's just crazy), but it could happen.