Stolen Horse--Man is BACK in jail!

[redhen]

Yup..his uncle has stolen property..he can be in just as much trouble as the other guy.

 

[texasgal]

Possession of stolen property is a separate offense than the actual theft .. UNLESS the person possessing the property was an accompliss to stealing the property.

Basically, if uncle knew/knows the property was stolen and took said property to help the thief, then he has to be charged separately with possession .. but if he was with the thief when he stole the property, he can be charged with the defendent in the theft.

It's tricky with the horse, because thief was already in possession of the horse when he stole it .. so to speak.

Ugh .. uncle might think he's in the clear because he's not the one that stole the horse .. but he's not. Because CLEARLY he knows the horse is stolen.

clear as mud, huh?

 

[ametauss]

IMHO -- ask law enforcement to charge the Uncle with buying or recieving stolen property....

Better yet contact the Uncle to see if he will willingly give the horse to you now that his nephew has been charged with the crime....

I still like the idea of showing up with a posse at the Uncle's and taking the horse back... Have the media and law enforcement with you....

 

[redhen]

i'm suprised that they dont have you involved in the case...dont they need your testimony to nail this guy???

 

[texasgal]

She probably WILL be involved in the case .. I think once it becomes criminal, the state is the one named in the case .. the state pressed the charges.. it's no longer a civil case.

 

[cassie]

Where's the horse and when can you reclaim him?

 

[rodriguezpoultry]

OK, from the prosecuting ADA:

I cannot get a civil stand-by since the property is at an unknown location outside of the house. Usually civil stand-by is done in cases of divorce, eviction, etc. There also has to be a case already in progress in order to get a civil standby done.

Now for the good news:
1. The DA is going to get an ownership hearing underway. It will take up to a maximum of 30 days to get everything ready and it will be between myself and the uncle. No charge to me.

2. Once the court orders that I can get my horse back, THEN I can have officers come with me to get the horse.

3. He is going to make sure that the horse is not sold, hurt, injured or in bad condition by calling the man himself. He is also going to have the investigator call him to bring home the point. He is going to try to reason with the uncle to see if he will "do the right thing" instead of going through the legal issues because the horse will be returned to me.


So, I'm feeling pretty darn good.


I don't need to go to Tahlequah to have the hearing instigated because it is done through the DAs office. Once they are approved for the hearing, they will get back into contact with me as to the date of the hearing.

 

[jerseygirl1]

I am feeling good for you!!!!!!!!!!!!!!!!Wow, my fingers are crossed and I am saying prayers.............

 

[redhen]

More yay!! Things are looking good!!

 

[horsejody]

It's gonna be a long 30 days. Keep us posted.