Federal Charge Dismissed Against Molino Man Convicted Of Stealing Copper Wire
September 13, 2014
Federal charges have been dismissed against a Molino man that allegedly took copper wire from aboard Naval Air Station Pensacola and then sold it.
Calvin Antwane Smith, age 28 of Cedartown Road, was sentenced in Escambia County Circuit Court August 4 by Judge Gary Bergosh to 36 months probation on charges of felony fraud providing a false statement verifying ownership of regulated metals, and felony dealing in stolen property. According to investigators, he sold two spools of copper wire to two recycling companies after the wire was stolen from his private contractor employer at NAS Pensacola.
He was then arrested by federal authorities and released on his own recognizance on a federal charge of larceny within a special maritime jurisdiction for stealing the wire, which was valued at less than $1,000. But federal prosecutors dropped the charge before Smith’s scheduled trial date.
He remains on probation following the Escambia County conviction.
Comments
7 Responses to “Federal Charge Dismissed Against Molino Man Convicted Of Stealing Copper Wire”
REGARDING:
“Whatever happened to the Constitutional prohibition of “double jeopardy” “
Different governments are not restrained by the actions of other governments. A county judge can’t find a man innocent (or as in this case guilty) of a crime and that mean the federal government has to ignore — let us say — murder against a US citizen.
See: United States v. Lanza
Including the statement
“We have here two sovereignties, deriving power from different sources, capable of dealing with the same subject–matter within the same territory . . . Each government in determining what shall be an offense against its peace and dignity is exercising its own sovereignty, not that of the other.”
And you also have cases such as BP having one blowout, affecting the USA as a whole and several states individually. You wouldn’t want a situation in which BP could settle with Wyoming and the Federal Government as well as Louisiana, Mississippi, Texas and Florida would thereby be forbidden to seek reparations under misunderstanding of Double Jeopardy as applied to different governments.
David for avoiding crime in the first place
rather than depending on loopholes
Whatever happened to the Constitutional prohibition of “double jeopardy” The feds have, for years when unhappy with the verdict of the lower courts, renamed a crime, and tried people a second time for the same offense. The framers of the Constitution are rolling over in their graves.
So if you steal small amounts every day, you can do it forever?
This cost/ benefit analysis seems flawed somehow.
David for the long view
I worked for the gov’t. The way it works is cost vs. benefit. If the costs out weigh the benefit the feds won’t prosecute even though a person is guilty. In this case, it is not worth the cost of labor to prosecute for $1,000 worth of stuff.
I think this one is a case of “they have better things to spend taxpayer dollars on.” At least I would hope so.
So he obviously is guilty but they don’t want to bother?
It makes one wonder about the ones they DO select to prosecute.
Maybe they too can beat the rap based on the self-same selective prosecution.
David for silver linings
Gee. I wonder why young folks don’t worry about the consequences of their criminal activity? “Ain’t no thang”…so I’ve heard.