Land of Opportunity

America is an incredibly great country. Almost all things are possible even in these troubling times. Opportunities abound to make a dollar, for those willing to work for it.

Take for instance Jesse Dimmick, late of Topeka Kansas. Jesse is a bad guy, and has what law enforcement personnel refer to as a long rap sheet. He's a known entity. Maybe that's profiling, but one thing I learned in New Orleans several years back is you don't ever want to be on a first name basis with the guy holding the Taser.

Jesse kidnapped the Rowley's, a Topeka family in 2009. The family escaped when Jesse fell asleep, they called the police and Jesse was captured and eventually convicted. Currently, he's doing a job for the state, but still he has needs and wants, the holidays are around the corner, so acting as his own jailhouse lawyer he is suing the Rowley's for breach of contract.

According to Dimmick, the Rowley's agreed to hide Jesse from the authorities for an unspecified length of time, in return for payment of an unspecified amount of money. He's asking for $225,000 for breach of the oral contract. ( if you have forgotten your Business Law, the elements of legal contract may be found here) Plaintiff Dimmmick alleges the Rowley's failure to live up to the agreement caused him to be accidently shot in the back by Topeka authorities while being arrested.

Dimmick is also suing the city of Topeka for accidently shooting him. Naturally, this being America, the Rowley's are doubly screwed since they have to hire people to defend against the suit, and counter sue an indigent man to pay their attorney.

Merry Christmas

Toad

Is your spouse Fair Game?

http://www.dailymail.co.uk/news/article-2048189/Domestic-violence-legal-Kansas-repeals-law--save-police-time.html

From the Daily Mail

By EMMA REYNOLDS

Domestic violence is now legal in Kansas's capital after the city changed the law - to save police time.

In a shocking move yesterday, Topeka's mayor and council repealed the ruling banning domestic violence and released 18 suspects from jail without charge. Victims of domestic abuse appear to have become pawns in an argument between county and city politicians over who should pay for prosecutions.

Cutting corners: Domestic violence is now legal in Topeka, Kansas, because leaders say they can't afford prosecutions. Shawnee County's district attorney last month handed over responsibility for prosecuting crimes including domestic abuse and battery to the city. But Topeka's leaders say they cannot afford to provide services for domestic abuse victims as well as rent jail space from the county for suspects.

Domestic violence support groups were horrified at the move, saying that 'people could die while they're waiting to straighten this out'.
'I absolutely do not understand it,' said Rita Smith, executive director of the National Coalition Against Domestic Violence.
'It's really outrageous that they're playing with family safety to see who blinks first. People could die while they're waiting to straighten this out.'
The repeal came during National Domestic Violence Awareness Month. City and county officials have received hundreds of emails in the last few days from people upset over the situation.

Shocking move: Only three city councillors voted against the proposal to legalise battery and domestic abuse
'Just the fact that it was on our agenda gave us a black eye,' said city councillor Denise Everhart, who was one of just three leaders to vote against repealing the ordinance.
Claudine Dombrowski, an abuse survivor from Topeka, told the council: 'It's a slam in our face'.
She threw dice down on the podium as she spoke, saying, 'Roll the dice — that's what we're playing here.'
District attorney Chad Taylor insisted that the county commission forced his decision to cut the budget by 10 percent next year, with his office still swamped by felony cases.
His spokesman called Topeka's move 'drastic and unprecedented', but said Mr Taylor would re-evaluate his position.
Dan Stanley, who was voted official negotiator with the county over the prosecution of domestic violence cases on Tuesday, advocated the change in the law.
He said: 'I think it draws a line in the sand. It says we will remove all ambiguity from this question, and we will negotiate from a position of strength.'

'It just means there is a new dynamic in play,' said Mr Taylor's spokesman.
Topeka has had at least 35 reported incidents of domestic battery or assault since early September.

With those cases not being pursued, as of Friday, 18 people have been released from jail without charge, according to police.

Prosecutors and police have refused to discuss details of the cases out of concern for victims' privacy, making it difficult to assess in what situations suspects are not being prosecuted.
The use of a weapon in an assault or battery makes a crime a felony, which would be handled in state court.

Mr Taylor has said he knew his decision would upset people but added that the cuts his office faces will force him to lay off 11 of his 63 employees. He said had he considered 'every angle' before making his announcement in early September.

In a memo issued just days before the county commission finalized his budget for next year, Mr Taylor's office said the cuts would force it to drop its prosecution of misdemeanors occurring within Topeka's city limits and 'of greatest concern are domestic violence cases.'
Topeka officials feared the city's ordinance against domestic violence could have forced them to take over prosecuting cases and filing them in its municipal court.

They said they could not handle the £47-a-day cost per inmate of renting space from the county to jail several hundred suspected abusers, or of hiring additional staff to handle prosecutions.
The city already handles cases of simple assault and battery, and incidents of assault or battery against police. Domestic assault or battery victims often need additional services or shelter.
For years, the city and county agreed that the district attorney's office would handle domestic violence prosecutions in the better-funded state courts.

City officials also note that municipal court convictions can be appealed to state courts.
More than 20 demonstrators gathered outside the Shawnee County Courthouse yesterday to protest against the decision.

Many of them went to the City Council meeting to express their opposition to its actions.
'Everyone's just saying, "Oh, it's not us you need to be talking to. It's this other person,"' said Hannah Rucker, a protester from University of Kansas. 'And it's just going in this circle of, "It's not my fault."'

There is no getting around, You get what you vote for.

Toad

Just can't take some people anywhere

#1 son sent this news item from Monday's Topeka Capital Journal.

Let me first set the mood. You're thinking, how can I make my little one's birthday memorable? Suppose we blow the wad, pick up grandma and head to Chuck E Cheese. A little whack-a-mole, some skee ball, a bit of fine gourmet dining. Why the heck not?

Admittedly, I am not fun, but after dark I find Chuck's just barely tolerable. Try as I might however, I haven't yet wanted to up and bash someone while there. For that I've only myself to blame. These kids will have a tough time topping this next year, or it may become a new family tradition.

Police break up brawl at Chuck E. Cheese's

Disturbance was between two families celebrating birthdays

Posted: February 20, 2011 - 6:56am

• Photos

It was a case of adults behaving badly at Chuck E. Cheese's when Topeka police had to clear a brawl Saturday night at the kids-oriented restaurant on Wanamaker Road.

In a statement issued Sunday morning by Capt. Bill Cochran, the shift commander said officers responded at 8:45 p.m. Saturday to the restaurant at 2215 S.W. Wanamaker Road where they found "an active disturbance both inside and outside the business."

The disturbance began, Cochran said, "when two families celebrating different birthday events had a disagreement" and adults from both gatherings began to fight. "The situation spilled out into the parking lot, as well as inside the business," he said.

Officers dispersed the crowd and issued two citations in connection with fighting/brawling and disorderly conduct.

Once order was restored, management of the Chuck E. Cheese's, which usually stays open until 11 p.m. on Saturdays, "elected to close the business for the remainder of the night," Cochran said.

Can you imagine how grim Chuck's must be at 10:30 on a Saturday night?

Toad

When it rains....

Last Thursday, #1 son and his wife, closed on the purchase of their first house. They have worked very hard, for a very long time to make that happen, and I am incredibly proud of them.

It's refreshing to watch a young couple, imagine, plan and create a new home. The optimism of youth washes away the dusty cynicism which settles on the old. Setting priorities, and the day to day, give and take of decision making, while establishing up a new home is good for families. It strengthens marriages, contributes to earned self esteem, and sets a great example for children. I know they will be very happy in their new digs.

A while back, I wrote about #1's house being robbed. Everything electronic not nailed down found itself a new home. Over time most of the stuff was replaced, but the feeling of being violated in your own home is harder to overcome. That is why it was such a shock to find that the villains returned Friday while everyone was a way, and helped themselves to all the new stuff. Burglars in Topeka aren't as dumb as you'd think.

This may be an important lesson to any of us who are ever burgeled.

The latest break-in has hastened the kids move in date. It's paint brushes of fury time and a visit from the alarm people is upcoming. I'm so glad it's not me, I hate moving.

Toad