JANUARY 24, 2012. TIM ARBUCKLE WAS TO PLEAD GUILTY TODAY BUT ONCE AGAIN HE SHOWED HIS COWARDICE...

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IT WAS LATE AFTERNOON, FRIDAY JANUARY 20TH. I RECEIVED AN UNEXPECTED CALL FROM JOHN LAVOIE. "WHAT ARE YOU DOING THIS TUESDAY," HE ASKED. I REPLIED, “I'VE GOT A FEELING I'M GOING TO BE MEETING WITH YOU, WHAT'S UP?" HE SAID TIM ARBUCKLE HAS AGREED TO PLEAD GUILTY TO THE CHARGE OF SIMPLE ASSAULT STEMMING FROM HIS KICKING VINNIE. I ASKED JOHN IF ANY DEAL WAS MADE TO HIM. HE SAID THERE WASN'T. THAT ARBUCKLE PLEADING GUILTY WAS THE SAME AS IF HE WAS FOUND GUILTY. THAT WE WOULD HAVE THE OPPORTUNITY TO ARGUE FOR THE MAXIMUM PENALTY AND THE JUDGE WOULD HAVE THE FINAL SAY AS TO SENTENCING. JUDGE ZIMMERMAN WOULD BE THE PRESIDING JUDGE.

I'VE NEVER AGREED WITH THESE CHARGES. I'VE ALWAYS FELT THAT ARBUCKLE SHOULD BE CHARGED WITH ACCESSORY OR AT THE VERY LEAST AGGRAVATED ASSAULT. THE SIMPLE ASSAULT CHARGE WAS THE COWARDLY ACT OF ROBERT SAND, WHO, AT THE TIME ONLY THREW THESE CHARGES ON ARBUCKLE TO PLACATE US. THERE WAS MORE THAN ENOUGH EVIDENCE FROM THE BEGINNING AND MORE THAT CAME OUT AT THE TRIAL,THAT ROBERT SAND HAD DELIBERATELY WITHHELD, TO PROVE THESE CHARGES AGAINST ARBUCKLE. AFTER ALL, ARBUCKLE ADMITS HE SAW KYLE SHOOT VINNIE AND ADMITS HE SAW KYLE BEAT VINNIE. YET HE STILL WENT OVER AND KICKED VINNIE. SO I WASN'T REALLY HAPPY ABOUT HAVING HIM PLEAD OUT TO ASSAULT.

PLUS THIS WAS A VERY SHORT NOTICE. A BIG INCONVENIENCE IF THIS WAS ONCE AGAIN DELAYED OR IF ARBUCKLE WASN'T GOING TO PLEAD. WE HAD TO QUICKLY SHUFFLE OUR SCHEDULES AROUND AND ONCE AGAIN A ENDURE A TRIP TO AND FROM VERMONT. WE HAD NO TIME PREPARE FOR THE PAINFUL MOMENTS WHICH WE WOULD BE RELIVING ONCE AGAIN, INCLUDING WRITING THE IMPACT STATEMENTS. JOHN CONVINCED ME THAT THIS TIME ARBUCKLE AND HIS ATTORNEY HAD AGREED TO THE PLEA. THAT HE WAS ALSO PLEADING OUT TO THE DUI CHARGES. I HAD MY DOUBTS ABOUT THIS. IT ALL HAPPENED TOO QUICKLY. I DIDN'T FEEL RIGHT ABOUT IT. IT WAS JUST TOO CONVENIENT.

HOWEVER, WE FIGURED THAT IF ARBUCKLE WAS GOING TO MAN UP, ACCEPT RESPONSIBILITY FOR HIS ACTIONS AND PLEAD GUILTY. IF HE WAS WILLING TO ACCEPT HIS PUNISHMENT THEN WE WOULD BE WILLING TO ACCEPT HIS GUILTY PLEA. PLUS JOHN TOLD US THAT HE WAS FACING 7 YEARS ON THE DUI CHARGES BECAUSE THIS WAS ARBUCKLE'S 4TH DUI AND NOW BECAME A FELONY. HE WAS ALREADY INCARCERATED IN NEW HAMPSHIRE SERVING 2-6 YEARS FOR PROBATION VIOLATION SO WE FIGURED WITH HIM SERVING THE NEW HAMPSHIRE TIME, PLUS WHATEVER JAIL TIME HE GETS FROM VERMONT FOR THE DUI AND THE YEAR HE CAN GET FROM THE ASSAULT CHARGE THEN HE WILL BE IN JAIL FOR SEVERAL YEARS. SO WE TOLD JOHN WE WOULD ACCEPT HIS PLEA AND BE THERE ON TUESDAY.

JOHN SAID THAT ARBUCKLE WOULD NOT BE PRESENT IN THE COURTROOM, THAT HE AND HIS ATTORNEY WOULD BE CALLING IN FROM THE JAIL WHERE HE WAS INCARCERATED. THAT WAS REGRETTABLE. I WANTED TO CONFRONT ARBUCKLE. STARE INTO THE FACE OF THE COWARD THAT WOULD KICK A DYING MAN. BUT THAT WASN'T GOING TO HAPPEN WE WOULD HAVE TO SETTLE FOR WHAT WE HAD. THIS WAS TOO SHORT OF A NOTICE FOR ANY OTHER FAMILY MEMBERS TO MAKE THE TRIP. MY WIFE AND I WOULD BE THE SOLE REPRESENTATIVES.

TUESDAY CAME QUICKLY. AT LEAST WE DIDN'T HAVE TO LEAVE AT 6AM. COURT WAS SCHEDULED FOR 11AM SO WE HAD TIME TO GATHER OUR THOUGHTS BEFORE HEADING OUT. THE TRIP WOULD BE LONG AND UNEVENTFUL. WE ARRIVED AT THE COURTHOUSE BUT THIS TIME IT WAS IN SHARP CONTRAST TO THE TRIAL. THERE WAS JUST MY WIFE AND I. THE COURTROOM WAS EMPTY EXCEPT FOR A FEW REPORTERS AND ONE OTHER PERSON THAT WAS THERE TO COP A PLEA. WE MET WITH JOHN, GWEN AND KELLY IN THE USUAL CONFERENCE ROOM. HE TOLD US THAT ARBUCKLE WOULD FIRST BE PLEADING OUT TO THE DUI WHICH WOULD BE HANDLED BY ROBERT SAND'S OFFICE. HE SAID ARBUCKLE AGREED TO PLEAD GUILTY TO 1-4 YEARS ON THE DUI. IT WOULD THEN BE OUR TURN.

 I MUST ADMIT I WAS SHOCKED THAT SAND WAS ACTUALLY GOING TO GIVE ARBUCKLE PRISON TIME. HAD HE LEARNED SOMETHING FROM THIS WHOLE SORDID ORDEAL? HAD HE AT LAST LEARNED THAT HE CAN'T KEEP CODDLING CRIMINALS, ESPECIALLY A REPEAT OFFENDER SUCH AS ARBUCKLE? MAYBE, JUST MAYBE SOME GOOD HAS COME OUT OF ALL THIS. SAND'S OFFICE WOULD BE REPRESENTED BY DAVID CAHILL. I KNEW SAND WOULD NEVER BE APPEARING IN THE SAME COURTROOM AS US. I KNEW HE WOULD NEVER HAVE THE COURAGE TO FACE US. THE OTHER CASE OF A WOMAN THAT WAS PLEADING OUT WAS CALLED FIRST. THE COURT CLERK THEN CALLED THE PRISON AND GOT ARBUCKLE AND HIS ATTORNEY ON THE PHONE. WHAT HAPPENED NEXT WOULD STUN US ALL….

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DAVID CAHILL, REPRESENTING ROBERT SAND’S OFFICE, STOOD UP AND ADDRESSED THE COURT. HE TOLD THE COURT OF THE DETAILS OF ARBUCKLE’S DUI, HIS 3RD DRUNK DRIVING OFFENSE. I FELT EXTREMELY UNEASY. THERE WAS SOMETHING IN HIS MANNER I DIDN’T LIKE. HE WAS TOO EASY GOING, TOO PASSIVE IN HIS TELLING OF THE CHARGES. RONNIE AND I LOOKED AT EACH OTHER, SHE FELT IT TOO. THE CHARGES WERE READ TO ARBUCKLE, DRIVING UNDER THE INFLUENCE 3RD OFFENSE WHICH NOW MADE IT A FELONY AND SUBJECT TO 7 YEARS IN PRISON AS AN HABITUAL AND LYING TO A POLICE OFFICER WHICH CARRIED ONE YEAR IN PRISON, ARBUCKLE USED HIS BROTHER’S NAME. JUDGE ZIMMERMAN ASKED HIM HOW HE PLEADED. HE SAID HE PLEADED GUILTY. JUDGE ZIMMERMAN THEN ASKED CAHILL OF THE STATE’S RECOMMENDATION. I COULDN’T SHAKE THIS BAD FEELING I WAS HAVING AND, IT NOW SEEMS, FOR GOOD REASON!

CAHILL TOLD THE COURT THAT THE STATE RECOMMENDED 1-4 YEARS, WITH THE SENTENCE TO BE CONCURRENT WITH THE SENTENCE ARBUCKLE’S NOW SERVING FOR NEW HAMPSHIRE!!  CONCURRENT MEANS HIS SENTENCE IS COMBINED WITH THE JAIL TERM HE’S SERVING NOW.  IN OTHER WORDS IN SPITE OF BEING CAUGHT FOR HIS 3RD TIME DRIVING DRUNK, WHILE ON PROBATION FOR OTHER PRIOR DUI’S, IN SPITE OF ARBUCKLE VIOLATING PROBATION ONCE AGAIN AND IN SPITE OF ARBUCKLE’S LENGTHY RECORD AND NUMEROUS PRIOR’S THEY LET ARBUCKLE OFF SCOTT FREE! HE WON’T HAVE TO DO ANY ADDITIONAL TIME, NO SUSPENDED SENTENCE, NO PROBATION…ABSOLUTELY NOTHING! THIS WAS A DISGRACE! A SLAP IN THE FACE TO THE ARRESTING OFFICERS! ONCE AGAIN ROBERT SAND HAS FORSAKEN THE PEOPLE OF VERMONT AND SIDED WITH A CAREER CRIMINAL!

WE WERE SHOCKED! ROBERT SAND IS A DISGRACE! TO HIS OFFICE, TO THE PEOPLE OF VERMONT WHO HE HAS SWORN AN OATH TO PROTECT AND TO THE HARDWORKING LAW ENFORCEMENT OFFICERS WHO ARE CONTINUALLY FRUSTRATED IN THEIR EFFORTS BY ROBERT SAND! WHY ARREST ANYONE? WHY BOTHER WHEN YOU HAVE A DISTRICT ATTORNEY THAT IS ON THE SIDE OF THE CRIMINALS? NOW ARBUCKLE WILL BE BACK ON THE STREET IN AS LITTLE AS 2 YEARS, WREAKING HAVOC AND BREAKING LAWS, AND WHY NOT? WITH ROBERT SAND AS HIS FRIEND ARBUCKLE WILL NEVER BE PUNISHED.

THERE’S NO JUSTICE WITH ROBERT SAND IN OFFICE! YOU WOULD THINK, THAT WHAT WITH EVERYTHING THAT HAPPENED, HE WOULD HAVE LEARNED HIS LESSON. THAT HE WOULD BE MORE DETERMINED THAN EVER TO BE HARD ON CRIMINALS. BUT A COWARD DOESN’T CHANGE! SAND HAS PUT THE PEOPLE OF VERMONT IN JEOPARDY ONCE AGAIN AND HE COULDN’T CARE LESS. HE IS A CORRUPT, GUTLESS PERSON THAT SHOULD NOT BE IN THE POSITION HE IS. WHY HE IS ALLOWED TO CONTINUE IS BEYOND COMPREHENSION.

WE WERE MORE DETERMINED THAN EVER. I REGRETTED NOW THAT WE AGREED TO ARBUCKLE’S ASSAULT PLEA. ONE OF THE REASONS WE AGREED TO THE DEAL WAS BECAUSE WE THOUGHT THAT ARBUCKLE WOULD BE GETTING TIME FOR THE DUI. WE WERE TOLD HE WOULD BE GETTING 4-7 YEARS TO SERVE! WHICH IS WHAT JOHN WAS TOLD.  JOHN WAS JUST AS SURPRISED AS WE WERE. THEY MISLED HIM. LIED TO HIM. WE SHOULD HAVE KNOWN BETTER. WE SHOULD HAVE KNOWN ROBERT SAND COULDN’T BE TRUSTED! I WANTED TO WITHDRAW MY AGREEMENT BUT WE HAD GIVEN OUR WORD TO JOHN AND HE HAD GIVEN HIS WORD TO ARBUCKLE’S ATTORNEY, SO WE WOULD ABIDE BY WHAT WE AGREED TO. THOUGH ARBUCKLE COULD ONLY GET A YEAR FOR HIS COWARDLY ASSAULT ON VINNIE WE WERE DETERMINED HE WOULD SPEND EVERY MINUTE OF THAT YEAR BEHIND BARS. AT LEAST HE WOULD BE OFF THE STREETS FOR ONE MORE YEAR.

AFTER CAHILL FINISHED HE DIDN’T LEAVE. INSTEAD HE SAT DOWN ON THE BENCH. I WONDERED WHAT HE WAS UP TO. HE HAD NO MORE CASES THERE. THE ONLY CASE LEFT WAS MY CASE AGAINST ARBUCKLE. WHY WOULD HE HANG AROUND, UNLESS SAND TOLD HIM TO? TO WATCH OUT FOR HIS BUDDY ARBUCKLE? TO TRY TO INFLUENCE ME OR THE COURT? THERE WAS NO OTHER REASON. AT THIS POINT I DIDN’T CARE. IF HE THOUGHT IN ANY WAY HIS PRESENCE OR HIS COWARDLY DECISION TO LET ARBUCKLE FREE WOULD INFLUENCE OUR DECISION ON ARBUCKLE HE WAS SADLY MISTAKEN. TO ME HE WAS INSIGNIFICANT. SAND’S FLUNKY WHO, AT THE MEETING BETWEEN US AND SAND AFTER THE GRAND JURY, TRIED TO SUGGEST THAT VINNIE WAS WALKING IN A “BASEBALL STANCE” TOWARD BOLASKI AS TO THE REASON HE GOT SHOT IN THE BACK. THE SAME REASON SAND LIED TO US IN AN E-MAIL AND STATED ALL WITNESSES AND EVIDENCE SAID VINNIE WAS DOING, NOT KNOWING AT THE TIME THAT I HAD THE GRAND JURY STATEMENTS.

IT WAS NOW OUR TURN. OUR CASE WAS CALLED BY THE CLERK. THE CHARGES WERE READ AND JOHN TOLD JUDGE ZIMMERMAN THAT I WOULD BE SPEAKING FOR MY FAMILY. SHE CALLED ME TO UP AND AS I WENT TO WALK TO THE WITNESS STAND TO SPEAK SHE INSTEAD DIRECTED ME TO GO TO THE FRONT OF HER BENCH WHERE THE PHONE WAS. AS I STOOD BEFORE HER, PROBABLY 3 FEET AWAY,  I REALIZED SOMETHING. THIS WOULD PROBABLY BE THE LAST TIME THAT I WOULD BE SEEING HER AS THE JUDGES HERE ARE ROTATED TO OTHER COURTS OVER A CERTAIN PERIOD OF TIME. I WANTED TO THANK HER, TELL HER HOW GRATEFUL  I WAS. NOT BECAUSE OF THE SENTENCING OR ANYTHING LIKE THAT BECAUSE FOR THAT SHE WAS DOING HER JOB AND WENT WITH THE EVIDENCE.

IT WAS FOR THE RESPECT AND DIGNITY THAT SHE SHOWED TO ME AND MY FAMILY THROUGH THIS WHOLE ORDEAL. FOR 3 YEARS WE WERE SUBJECTED TO SHAME AND DISRESPECT BY THE ENTIRE JUSTICE SYSTEM OF VERMONT. FROM THE GOVERNOR TO THE ATTORNEY GENERAL, THE STATE POLICE  AND THE WORST ONE OF ALL, ROBERT SAND. BUT NOT JUDGE ZIMMERMAN. FROM THE VERY FIRST MOMENT UNTIL THE LAST SHE TREATED MY FAMILY, INCLUDING VINNIE, WITH RESPECT. IT WAS FOR THIS REASON I WANTED TO SHOW MY GRATITUDE. TELL HER HOW MUCH MY FAMILY REPECTED HER. BUT I KNEW I COULDN'T, NOT THEN. I THANKED HER FOR ONCE AGAIN ALLOWING ME TO SPEAK.  THEN I READ MY STATEMENT…

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“GOOD MORNING. YOUR HONOR, ON BEHALF OF MY FAMILY WE ARE HERE BEFORE YOU ONCE AGAIN SEEKING JUSTICE FOR VINNIE. THIS TIME IT IS FOR TIM ARBUCKLE WHO IS KNOWN AS THE ENFORCER IN HIS NEIGHBORHOOD. WHO WAS CALLED UPON TO USE HIS ENFORCER SKILLS AGAINST OUR SON WHO HE NEVER EVEN KNEW OR MET BEFORE THIS DAY. AND USE THEM HE DID, IN A CRUEL AND COWARDLY WAY. WHILE VINNIE LAY HELPLESS AND UNABLE TO DEFEND HIMSELF AFTER BEING SHOT IN THE BACK AND BEATEN BY KYLE BOLASKI, TIM ARBUCKLE THEN KICKED AND BEAT VINNIE AS HE LAY DYING MORTALLY WOUNDED.

TIM ARBUCKLE TESTIFIED THAT HE SAW KYLE SHOOT VINNIE AND AS VINNIE WENT DOWN HE TESTIFIED THAT HE SAW KYLE BEAT VINNIE WITH THE RIFLE. YET THOUGH HE KNEW THAT VINNIE WAS SHOT AND HELPLESS AND DYING HE STILL WENT OVER TO VINNIE AND RUTHLESSLY AND WITHOUT MERCY KICKED VINNIE MULTIPLE TIMES IN THE FACE! THIS WAS TRULY BARBARIC! A BRUTAL AND HEINOUS CRIME AGAINST ANOTHER HUMAN BEING.

BY ALL RIGHTS ARBUCKLE SHOULD BE STANDING BEFORE YOU CHARGED WITH ACCESSORY TO MURDER. AT THE VERY LEAST AGGRAVATED ASSAULT. UNFORTUNATELY THAT’S NOT THE CASE. HE’S ONLY FACING SIMPLE ASSAULT WHICH IS UNCONSCIONABLE WHEN YOU LOOK AT THE FACTS OF THE CASE. THERE IS NOTHING SIMPLE ABOUT KICKING A DYING MAN WITH CLEATS ON. THE BRUTALITY OF THIS CRIME DOES NOT FIT THE CHARGE.

TIM ARBUCKLE’S RECORD SHOWS HE HAS NO RESPECT FOR THE LAW. HIS VICIOUS ATTACK ON VINNIE SHOWS HE HAS NO RESPECT FOR HUMAN LIFE. HE DESERVES FAR MORE THAN THE LAW IS ABLE TO GIVE IN THIS CASE. A YEAR IN JAIL IS NOTHING COMPARED TO THE LIFE SENTENCE HIS ACT HAS GIVEN TO US. THE MEMORY OF VINNIE BEING BRUTALLY BEATEN AS HE LAY DYING WILL FOREVER HAUNT US.

UNFORTUNATELY TIM ARBUCKLE WILL ONE DAY BE FREE TO INFLICT HARM ON SOMEONE ELSE. WE ASK THE COURT TO GIVE HIM THE MAXIMUM SENTENCE OF ONE YEAR IN JAIL AND THAT HE SERVE EVERY MINUTE OF HIS SENTENCE.

THIS WON’T SERVE TO DETER ARBUCKLE FROM FUTURE CRIMES, AS HE HAS SHOWN TIME AND AGAIN, HE IS BEYOND REHABILITATION BUT IF NOTHING ELSE IT WILL PROTECT SOCIETY FOR ONE YEAR FROM TIM ARBUCKLE. FOR ONE YEAR THE CITIZENS OF VERMONT CAN WALK THE STREETS UNAFRAID OF TIM ARBUCKLE.

LET THIS SERVE AS A DETERRENT FROM ANYONE LOOKING TO TAKE JUSTICE INTO THEIR OWN HANDS. AND IF JUST ONE LIFE, ONE FAMILY IS SPARED THE PAIN AND ANGUISH THAT WE HAVE HAD TO ENDURE THEN VINNIE'S DEATH WILL NOT HAVE BEEN IN VAIN! THANK YOU.”

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I THANKED HER AGAIN AND THEN WALKED BACK TO MY SEAT. I KNOW ARBUCKLE WASN'T EXPECTING THIS, NOR HIS LAWYER BECAUSE AS JUDGE ZIMMERMAN ASKED ARBUCKLE'S ATTORNEY IF SHE HAD ANYTHING TO SAY, SHE DIDN'T ANSWER FOR SEVERAL MINUTES! WHEN SHE FINALLY DID ANSWER SHE APOLOGIZED AND SAID SHE WAS CONFERRING WITH ARBUCKLE. IT WAS THEN JOHN'S TURN TO SPEAK. HE REITERATED WHAT I HAD TO SAY. HE BLASTED ARBUCKLE SAYING HOW THIS WAS A HEINOUS ACT, A COWARDLY ACT. HE BROUGHT UP ARBUCKLE'S LENGTHY AND VIOLENT CRIMINAL RECORD. HE TOLD THE COURT THAT ARBUCKLE DESERVED THE MAXIMUM SENTENCE. THEN, RIGHT IN MID SENTENCE, ARBUCKLE'S LAWYER INTERRUPTED JOHN AND STUNNED THE COURT WITH WHAT SHE SAID...

SHE TOLD JUDGE ZIMMERMAN THAT ARBUCKLE WANTED TO WITHDRAW HIS GUILTY PLEA! WE WERE SHOCKED, AS WAS THE ENTIRE COURT! ARBUCKLE NO DOUBT THOUGHT THAT HE WOULD GET A SLAP ON THE WRIST FOR THIS, AS CAHILL DID FOR HIM. HE MUST HAVE ALSO FIGURED THAT JUDGE ZIMMERMAN WOULDN'T ALLOW HIM TO WALK AWAY FREE FROM THIS WITH A CONCURRENT SENTENCE, AS SAND ALLOWED HIM TO. SO THE COWARD BROKE HIS AGREEMENT! THIS WAS TYPICAL OF ARBUCKLE. HE KNOWS HOW TO PLAY THE SYSTEM. HE'S BEEN DOING SO FOR YEARS. HE ONCE AGAIN MADE A FOOL OUT OF THE SYSTEM, OR SO HE THINKS. HE KNEW ALL ALONG WHAT HE WAS GOING TO DO. HE HAD NO INTENTION OF KEEPING HIS BARGAIN. HE PLAYED JOHN FROM THE VERY BEGINNING, AS DID ARBUCKLE'S ATTORNEY.

BUT THIS TIME ARBUCKLE MADE A BIG MISTAKE. JOHN WAS VERY ANGRY OVER THIS. IF ARBUCKLE THINKS THAT HE IS GOING TO TRIAL FOR SIMPLE ASSAULT HE'S DEAD WRONG. HE MADE A FOOL OUT OF JOHN, STABBED HIM IN THE BACK. BUT HE CROSSED THE WRONG PERSON! JOHN ISN'T ROBERT SAND. HE'S NOT SAND'S FLUNKY. YOU DON'T DOUBLE CROSS JOHN LAVOIE AND EXPECT TO GET AWAY WITH IT. BELIEVE ME, I KNOW. I KNOW WHAT ARBUCKLE THINKS. I KNOW HOW HE'S PLAYING THIS. HE'S ASKING FOR A TRIAL AND THEN WILL TRY TO WORK A DEAL OUT SOMETIME BEFORE THE TRIAL STARTS. THINKING THAT THEY'LL MAKE A DEAL WITH HIM TO AVOID A COSTLY TRIAL FOR JUST SIMPLE ASSAULT. THIS WAS HIS ATTORNEY'S DOING. THERE'S NO DOUBT ABOUT THAT. BUT JOHN ISN'T ROBERT SAND! THIS WAS THE BEST  DEAL THAT ARBUCKLE WILL EVER GET.

TO BE TRUTHFUL, AT FIRST I WAS ANGRY. WE SACRIFICED A LOT TO AGREE TO THIS AND WE WERE GREATLY INCONVENIENCED BY THIS LAST MINUTE CHANGE OF PLEA. I KNOW JOHN WAS EMBARRASSED BECAUSE HE CONVINCED US TO ACCEPT HIS PLEA. I WAS ALSO SHOCKED THAT ARBUCKLE WOULD BE SO STUPID TO THINK THAT HE COULD TO PUT ONE OVER ON US. BUT NOW I WAS ACTUALLY GLAD THAT HE WITHDREW HIS PLEA BECAUSE HE HAD SET HIMSELF UP TO BE CHARGED WITH A NUMBER OF FELONY CHARGES. JOHN ISN'T ROBERT SAND, HE'S NOT A COWARD THAT WILL BACK OFF AND COWTOW TO ARBUCKLE. ARBUCKLE LIED TO JOHN EMBARRASSED HIM! THAT WAS THE WRONG PERSON TO DOUBLE CROSS. WITH THE EVIDENCE AGAINST HIM THERE ARE A NUMBER OF CHARGES THAT ARBUCKLE CAN NOW BE CHARGED WITH, ANY ONE A FELONY!  AS JOHN SAID, "IF THEY HAVE TO GO TO TRIAL THEN IT'S GOING TO BE FOR THE RIGHT CHARGE."

ARBUCKLE HAD A REALLY  CUSHY DEAL IF HE PLED GUILTY HE WOULD AVOIDED MORE SERIOUS CHARGES AND EVEN IF HE GOT A FULL YEAR HE'D BE OUT IN 6-7 MONTHS. IT COULDN'T HAVE BEEN BETTER FOR HIM. BUT HE BEING THE COWARD HE IS, HE BACKED OUT. TRUTHFULLY I'M GLAD. ARBUCKLE DESERVED A LOT MORE FOR WHAT HE DID. NOW HIS CHARGES CAN BE UPGRADED TO ANYWHERE FROM ACCESSORY TO AGGRAVATED ASSAULT. EACH CHARGE BRINGS 15 YEARS! THE EVIDENCE AGAINST HIM IS SUCH THAT HE WON'T SEE THE STREETS FOR MANY YEARS. THIS IS WHY WHAT HE DID DOESN'T MAKE SENSE. THERE WAS EYEWITNESS TESTIMONY AT THE TRIAL THAT TOLD OF SEEING ARBUCKLE KICKING VINNIE NOT TO MENTION THE WITNESSES AGAINST HIM THAT WEREN'T CALLED. BUT THAT DOESN'T MATTER NOW.

IT'S WHAT HE SHOULD HAVE BEEN CHARGED WITH FROM THE BEGINNING. IT'S ONLY THROUGH ROBERT SAND'S COWARDICE THAT HE WASN'T. HE SHOULD HAVE MAN UPPED AND TOOK HIS LIGHT PUNISHMENT. NOW HE'LL GET WHAT HE DESERVES! IF HE THINKS HE'S GOING TO GET A FREE RIDE WITH JOHN, HE'S DEAD WRONG! JOHN IS A FIGHTER, HE'S NOT A COWARD LIKE ROBERT SAND AND WILL MAKE ARBUCKLE PAY FOR  KICKING VINNIE AS HE LAY HELPLESS AND DYING. AS GWEN TOLD US AFTER THE HEARING, "ARBUCKLE MADE A BIG MISTAKE DOUBLE CROSSING JOHN. BECAUSE JOHN IS A MAN WHO BELIEVES IN JUSTICE AND ONCE HE STARTS ON A CASE HE FINISHES WHAT HE BEGINS!" I BELIEVE HER. ARBUCKLE WILL LEARN TO.