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Schenectady man accused of kicking in door
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leggs9966
October 25, 2016, 5:30pm Report to Moderator
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  http://www.dailygazette.com/news/2016/oct/25/schenectady-man-accused-kicking-door/


Schenectady man accused of kicking in door
By Steven Cook October 25, 2016

Jacob R. O’Donnell



ROTTERDAM — A man kicked in a homeowner’s back door Tuesday morning, encountered the resident and then pleaded with the resident not to call the police, police said.
The homeowner did call the police, and the man remained peaceful until officers arrived to arrest him, police said.
Jacob R. O’Donnell, 37, of 963 Kings Road, Schenectady, faces one count of second-degree burglary, a felony, and one count of fourth-degree criminal mischief, a misdemeanor.
The incident happened at about 7:30 a.m. at the Mariaville Road home. Police did not get a clear reason why the man broke in, police spokesman Lt. Michael Brown said. Police received no reports of other burglaries in the area and he is not suspected in other break-ins, Brown said.
However, police believe O’Donnell may have expected the home to be vacant. He mentioned something to the homeowner during the encounter about the home being in foreclosure.
“We feel like he intended on stealing something from the residence,” Brown said, “but he never made it that far. The homeowner caught him shortly after he broke in.”
The homeowner’s first indication of something amiss was a loud noise - the back door getting kicked in, Brown said. That awoke the resident, who quickly grabbed his cell phone and went to investigate.
The homeowner discovered the kicked-in door and then discovered O’Donnell inside an unfinished room, police said.
Despite O’Donnell’s pleas, the homeowner called police and officers in the area responded quickly. O’Donnell, unarmed, waited and offered no struggle, Brown said.
As for why O’Donnell remained only to plead with the resident, Brown did not know, but he noted that the resident “was considerably bigger than the suspect.”
O’Donnell was arraigned and ordered held on $7,500 bail.
Reach Gazette reporter Steven Cook at 395-3122, scook@dailygazette.net or @ByStevenCook on Twitter.


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electape
October 25, 2016
5:29 p.m.

[ Flag Post ]
If he was really from Schenectady he would have...ran!
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   Thank You! Rotterdam Police for quickly responding!
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bumblethru
October 26, 2016, 6:11am Report to Moderator
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WOW.....wonder what would have happened if he just let the guy go.....hmmmmmmm


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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leggs9966
October 26, 2016, 11:32am Report to Moderator
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If the guy had a weapon? Or if the resident had a weapon, the outcome could of been much worse. I would have enjoyed to tase him..  I'm not sure what his intensions were? I don't think this was his first door he kicked in? He had a saws all on his front seat. Stealing copper not just for the scrap? Maybe to do intentional damage to the property to lower banks bid price? To see what to steal? Still uncertain at this point?
To repeatedly break into properties being foreclosed on just to check out property? Interesting business move/risk?
A poor man would get arrested! No excuse..   A business man/woman was just illegally (kicking in a door) checking out the property to bid on/buy? 
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bumblethru
October 26, 2016, 12:52pm Report to Moderator
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just seems odd that the guy didn't make a run for it.

and he faces one count of second-degree burglary....what did he steal?

the report said 'intent' to steal.

(?)


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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leggs9966
October 26, 2016, 3:21pm Report to Moderator
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Quoted from bumblethru
just seems odd that the guy didn't make a run for it.

and he faces one count of second-degree burglary....what did he steal?

the report said 'intent' to steal.

(?)


He did extensive damage to the door and framing around the door he kicked in!
He lied to me about kicking in the door. I checked that door the night before as I was in the room.
The guy did try to leave after I confronted him. I stood next to his driver's door as he tried to leave while I was on the phone to police. He ran around to his other truck doors which were locked.
He had a saws all on his front seat.
I went to the auction later in the same day, yesterday.
The same man that broke in the house earlier in the morning showed up at the auction with another man.
The guy that broke in my residence at the auction, in the county courthouse at the auction, tells me that I need to drop the charges that he knows where I live!
I immediately notified the guards at the entrance of the courthouse. I also notified Rotterdam police detective in the case.
I also plan to notify the DA of this threatening a witness!
I Will Not give in to threats!
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bumblethru
October 27, 2016, 6:46am Report to Moderator
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......again.... he faces one count of second-degree burglary....what did he steal?

that's all i'm askin'.


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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joebxr
October 27, 2016, 9:15am Report to Moderator

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Quoted from bumblethru
......again.... he faces one count of second-degree burglary....what did he steal?

that's all i'm askin'.

Look it up!
Quoted Text
The basic language constituting Burglary in the Second Degree (NY PL 140.25) is the same as Burglary
in the Third Degree (NY PL 140.20). That is, if you knowingly enter or remain in a building with the intent to commit any crime,
you are guilty of this offense.
The difference between the two degrees, however, is significant including the potential punishment.
Burglary in the Second Degree is a “C” violent felony punishable by a mandatory minimum term of incarceration of
three and one half years up to a maximum fifteen years in state prison.
http://www.new-york-lawyers.org/burglary-in-the-second-degree-new-york-penal-law-140-25.html



JUST BECAUSE SISSY SAYS SO DOESN'T MAKE IT SO...BUT HE THINKS IT DOES!!!!!  
JUST BECAUSE MC1 SAYS SO DOESN'T MAKE IT SO!!!!!  
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bumblethru
October 27, 2016, 2:22pm Report to Moderator
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hmmmmmmmmmm.....and all this time i thought you actually had to 'steal' something in order to be charged for burglary.

i thought that the one count of fourth-degree criminal mischief would have been sufficient.

but then again.....things could change 'as the story goes on'.


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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leggs9966
October 27, 2016, 2:59pm Report to Moderator
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Quoted from bumblethru
hmmmmmmmmmm.....and all this time i thought you actually had to 'steal' something in order to be charged for burglary.

i thought that the one count of fourth-degree criminal mischief would have been sufficient.

but then again.....things could change 'as the story goes on'.


Let's try a comparison..
Someone gets caught after breaking into a business, (Bank, Walmart , Restaurant ,Gas station, Home depot, Food Market, etc.) They get caught inside!
The security system alerts the police. The police arrive quickly! The intruder/s weren't able to get that far.
As far as a business, would it be less of a crime for the intruder/s to say that they were interested in? I don't know?  They were interested in checking out the inside of the building for whatever reason? Their excuse for breaking and entering for the purpose of ????
As far as a home. Children or Elderly were present. A Woman, alone?  The intruders excuse for breaking and entering, I thought the home was vacant?
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Sombody
October 27, 2016, 9:28pm Report to Moderator
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Quoted from joebxr

Look it up!



this would cover it too-

ma·li·cious mis·chief
noun
LAW
the willful destruction of another person's property for vicious, wanton, or mischievous purposes.


Oneida Elementary K-2  Yates 3-6
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bumblethru
October 28, 2016, 10:37am Report to Moderator
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i was going along these lines....not burglary...cause ya can't prove 'intent'.

Quoted from Sombody


this would cover it too-

ma·li·cious mis·chief
noun
LAW
the willful destruction of another person's property for vicious, wanton, or mischievous purposes.




When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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RPEGCL
October 28, 2016, 11:30am Report to Moderator

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Stack on the charges and the DA has something to bargain with at pretrial meetings. Reduced to malicious mischief and B&E. Everybodies happy...well except the home owner who now has to fix his door, and was violated.
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leggs9966
October 28, 2016, 11:45am Report to Moderator
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[quote=6]i was going along these lines....not burglary...cause ya can't prove 'intent'.

So breaking and entering. Caught inside!
Home or business.
Tools to burglarize on front seat.
Again, Police arrive quickly! Caught inside before police arrive. Seconds after break in. With no legitimate purpose.
So if a burglar isn't given a certain amount of time after entry. It gives a better defense on intent even after break in.
So if a person breaks in a jewelry store, and/or breaks into a glass enclosure or a safe? Or just the store. But doesn't get any further because of being caught by a worker and/or police. But didn't actually get to the point of loading up and stealing something.
I guess? With a good lawyer?
So burglarize or attempting to, can be argued on how far and how quick they were caught.. Interesting!


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bumblethru
October 28, 2016, 11:48am Report to Moderator
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Quoted from RPEGCL
Stack on the charges and the DA has something to bargain with at pretrial meetings. Reduced to malicious mischief and B&E. Everybodies happy...well except the home owner who now has to fix his door, and was violated.


Agree.


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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joebxr
October 28, 2016, 12:44pm Report to Moderator

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Quoted from bumblethru
i was going along these lines....not burglary...cause ya can't prove 'intent'.


Seriously?  Can't prove intent? Kicks in door of residence that is not his and enters
premises so he can do what....get warm.....PULEEZE. Any novice ADA can prove intent!


JUST BECAUSE SISSY SAYS SO DOESN'T MAKE IT SO...BUT HE THINKS IT DOES!!!!!  
JUST BECAUSE MC1 SAYS SO DOESN'T MAKE IT SO!!!!!  
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