Monday, January 14, 2013
Joey Dauben is Headed to Prison for At Least 10 years
I'm hearing that Joey was convicted to 10 years on each of the three counts, and and lingering probation attached with the other felony. The Judge will decide Tuesday if its concurrent or stacked. Joey was taken into custody.
Ok, update, the 10 years for the lesser felony is community service/probation. So he could possibly get 30 years prison plus 10 years probation, its up to the Judge now.
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so they gave him the minimum on each sentence
ReplyDeletewas the minimum 10 or 8? I forgot.
DeleteMy bet is they didn't realize the judge can rule that the sentences can be served concurrently.
DeleteWait, 2nd degree felony max is 20 years. The minimum is probation. Sounds like the jury thinks he should go to jail but didn't think he needed to be in jail for life.
DeleteI thought the minimum was 2 years, max 20.
Deletejimmy correct and correct NBTDT but they have to give a sentence that is probated between the minimum and the max in case he violates one thing you should be discussing is that he was offered 10 deferred
Deleteyeah that should be the real story is that Joey turned down no prison time for this
DeleteWait a second... He turned down ten deferred? All he had to do was keep his nose clean for ten years and all this would go away! Who CAN'T keep their nose clean for ten years?
DeleteOh yeah - its Joey. Moron.
I think it was the registered sex offender thing that kept him from that in about two years buried in prison I wonder if he will think that was so smart
DeleteBut if it is deferred, after the deferment ends, it all goes away. Including the registration requirements.
DeleteStupid mistake on his part. I can't believe his attorney didn't take to a quiet room and beat the hell out of him until he agreed.
no gave him the middle sentence out of 2 to 20 which if stacked would be max 10 years to do if he served all his time eligible for parole in 3
ReplyDeletethey give a minimum credit of 3 days credit for 1 day served and go up to 5 for 1 if over crowded what is this about Probation because the Judge can probate all or part of the sentence
ReplyDeletenot true.
Deletewho are you anonymous? he was given 10 yrs ea count sex assault when stacked totals 30 years. which he must serve min. 50%. judge deferred for a week
Anon @ 6:11 - so, if service concurrently you are saying Joey can be out in 5 years?
Deletethat's about right eligible to be released its a TDJC issue at that point
DeleteIt probably will be stacked. I'm thinking the full 30 plus the 10 probation.
ReplyDeletemore to my above comment. He got half of what he could have gotten which is the 10 per count on the 3 counts. I bet they will be stacked, and he only serves half which is 15 years plus the 10 probation. Just my opinion.
DeleteI thought for these types of crimes, 80% of the sentence must be served?
ReplyDeleteI thought the 80% rule applied here as well; could have sworn we discussed this in an earlier article. But, I could be wrong. My head is spinning.
DeletePoetry time!
Tonight, we pause
And raise a glass
Joey Dauben,
KISS MY ASS!
wb
if he probates it it will run concurrent to the actual sentence and the 50 percent rule only aplies to aggravated which was not the case here no weapons
ReplyDeletewho are you anonymous? what you are stating isnt true he must serve 50%
DeleteProbation doesn't seem likely if they took him into custody.
DeleteWhat code are you reading? He doesn't have to serve 50 percent After a sentence is imposed your bail is automatically withdrawn. so that doesnt necessarily say no to Probation. The fact thataq the Court is holding off on entering the sentence actual says more for him There is no need to consider anything if you are going to stack and sentence him to time
Deletejudge agreed with jury recommendations either 10 concurrent or 30 stacked no probation on the table
Deleteagg sexual assau;t is a first degree
ReplyDeleteAggravated Sexual Assault generally has the following range of punishment:
* 1st Degree Felony: 5-99 years in the Texas Department of Criminal Justice (TDCJ); Up to a $10,000 fine; Or, both such fine and confinement.
Sexual Assault Offenses are referred to as "3g Offenses." After September 1, 2009, a citizen accused of most sexual offenses is not eligible for community supervision (probation) following a conviction at trial. In other words, if you are found guilty of aggravated sexual assault, either the judge or jury will be forced to sentence you to between 5 years and 99 years in prison.
Joey's charges were not aggravated. He was charged with 2nd degree felonies.
Deletenot true anonymous your reading that incorrectly
DeleteNo one is reading it incorrectly in order for the mandatory time periods to be in effect it has to be aggravated and NBTDT says they aren't aggravated.
Deletewere you in court?
DeleteJoey will have to serve 80% of either a 10 year term, or a 30 year term with the probation following. I guess maybe he should have paid more attention to the Judge and his orders while on the stand because he now holds the key to if Joey will be free in his 40's or an old man.
ReplyDeleteunless I'm misunderstanding your numbers that really is not correct it would be about 30 percent of each sentence based on current TDCJ rules If that was what you meant about 8 years then correct
DeleteCan the judge sentence him to lesser than 10 on the 3 charges and stack them such as 5 per charge for a total of 15 and then also modify the probation or does the sentence handed down by the jury stand with only the decision of stacking/concurrent to be decided by the judge?
DeleteDid they take him into custody?
The judge can only determine probation of the sentences or consecutive / concurrent at this time one thing he can do is have him serve a period of custody and then probate the rest but that is unlikely
Deleteyes, he is in custody. Last night was his last night on his own pillow.
DeleteMaybe I will send him a card...or a coloring book.
DeleteSend him some pie..
DeleteWe will see how Webb writes it up but I think the Daily Sun story has it wrong, I think he has to do at least 8 years.
ReplyDeleteAlso, courtroom atmosphere. Several of the woman jurors where crying as they came back with the sentence. Joey, Mommy, and Daddy Dauben didn't have any noticeable reactions. Joey just sat there with his arms crossed and his lip tucked in. No sisters, no other family really.
ReplyDeletethats strange crying?
Deleteyeah, well when you are back there debating a man's life like that no telling how that will affect you. Who knows what they were negotiating with back there.
DeleteI don't think it's strange at all Those women probably saw what we did: that this could have all been avoided -- and that victim never would have been victimized -- if Joey had gotten the help he deseprately needs.
DeleteWhile I'm celebrating, I'm still sad inside for Joey. This was avoidable.
wb
I can tell you from experience, that this kind of trial is very emotional, it takes a lot out of you to hold another person's life in your hands while you consider the victim. The difficulty is aggravated if there is heated argument. I'm sure the tears were a release of that emotion.
DeleteI feel so sorry for the Daubens, especially if their daughters weren't there to support them. At least Brannon was there. He's a good friend, morph suit, fire crackers, fire balls, Mike's H/L and all........
Delete
ReplyDelete“At the end of the day, Joey Dauben raped a 14 year old boy,” said Thompson. “He complained about Ellis County being soft on sex offenders. He found out that in Navarro County, we aren’t.”
What is the phrase they use? Oh yeah "Boom!"
SC
Oh yeah! And... BOOM, there it is
Delete"The prosecutor, Andrew Wolf, asked the jury to send a message to all pedophiles"
Now, where are all the lightening sisters???!!!!
They are fixing bigger problems...Connie can't post on Facebook. Tragic, extremely tragic that she can't exploit her child for 30 days. And call BW a big meanie. Loryn doesn't take crap and won't back down but when her hearing comes up, she decided to modify her Facebook to not show her child.
DeleteBefore she went private, she said CPS came to the hospital and was looking at, asking questions about the baby. Hopefully, she's doing what it takes to be a good parent so she doesn't lose this one too.
DeleteSC - high-fivin' ya all the way from the Midwest, buddy! Hope you're enjoying the news as much as I am!
Deletewb/Erica
What strikes me as pathetic is that all the newspaper stories note that he is a blogger. He's a 31 year old man, and he has accomplished nothing more than posting bullshit opinions on the Internet. Truly a sad state of affairs.
ReplyDeleteSas thing is, he had a real future in journalism, according to his former colleagues; but the paranoia kicked in, and he became a liability.
DeleteA rock had a better future in journalism that the predator. He needed to have the ability to be a journalist in order to have a colleague unless you are talking about other predators out there.
DeleteIf you read the early, early quotes from his former publisher, the guy says Joey was a good journalist in his early years. But the liability became too much when he began spouting off his paranoia/conspiracy rants.
DeleteTrust me, I loathe Joey; but as a reporter of 20+ years, I saw the potential in him, had he not gone batshit crazy. It was there. He had talent. He just chose to use it in the wrong way(s).
wb
No one will remember him as a "journalist". He probably was better at parking cars.
DeleteThe traffic to this blog is literally through the roof
ReplyDeleteScandalous news makes for lots of hits.
Deletewell that, and like you said, the Joey Dauben story is fascinating, no matter what you think of him
Deletenot surprised. you're the first to scoop the poop Gingerbread
DeleteJoey Dauben has made you a star! You are somebody!
DeleteI'll be praying that God's will be done in Joey's life.
ReplyDeleteI'll be praying for the victim.
I'll be praying for everybody affected by this.
I pray for his parents, who will not see their son free for many years.
I pray for his siblings, who are all hurt now.
8 years or 24 is a long time (stacked or consecutive).
If 8, Joey will be close to 40, with many years of probation.
If 24, he will be what 55 or so when finally out, following years of probation.
Either way, his prime working years, years for raising a family, the years when you finally start making money, gone...
Afterwards he's a convicted child molester on probation. Jobs will be scarce if any.
Through change, repentance, and trying to make the best of his situation, perhaps the 2nd part of his life (if not the last third) will be more fulfilling.
The victim, I hope he recovers fully and moves on with his life.
Quick Joey Story: Back when Joey was in his early 20's, he asked me if I knew how to change a tire.
ReplyDeleteI froze in my steps and said sarcastically "Yeah, since I was about 6 or 7 years old." I didn't know if it was conversation, just inquiry, or a funny story to follow up.
About 20 minutes later, he shows me how the treads of his tire were breaking, and a weak bubble was forming under the worn out treads.
He was asking me because he didn't know.... He didn't know what a lug nut was, a tire iron, and only could point out a car jack. It's kind of troubling to think about it after later finding out there were auto enthusiasts around him....
I just can't believe they sat silent....
this from a guy who said he only knew joey through his tax articles?
DeleteI didn't say that. I said I knew him at political rallies, some protests, and his activism on taxes & government. Years back at the Ellis County Press.
DeleteI did not know he was doing all this child molester stuff. Funny, I'm being scrutinized from "anonymous". LOL.
I don't care really. There won't be a point to this blog anyway in a month.
Joey's locked up.
Presely is gone.
Connie?? blah
Bill Windsor forever!!!! Yippie! have fun.
Then we all go on our merry way, wondering years from now - "gee I wonder if Joey is out yet?".
It would be good if Ginger wouldn't mind to later post Joey's prisoner number. As people may want to contact him later.
Well I'm out for a while, may check back to see if it was stacked.
Bye.
You still don't get it, Jimmy. Some of us will never be "over" what has happened, for many reasons; especially knowing what happened to that kid.
Delete"There won't be a point to this blog in a month?" B.S. Ginger has offered us a place to vent and clear our names for nearly two years. I've followed faithfully, and intend to continue in the same fashion. Some will be setting up Vinelink alerts tomorrow, in the event that his status ever changes; because if it does -- or if he comes up for parole -- you can bet your sweet bippy I'll be writing a letter to that parole board.
You still don't get it. Joey has scarred a lot of people for a long time. Something like this doesn't just "go away." But I'm sure you've had no problem finding work, right? I have. Try going to a job interview and having someone ask if you really tried to sell the human remains of a child. See if you get that job offer.
wb
I still have high hopes that Joey's computer will lead to other arrests, in particular MVZ!
DeleteTraffic - Joey made a lot of enemies. He is a very hateful person who never made anything of himself, so he thought he could even things by destroying others to bring them down to his level.
ReplyDeleteThere are a lot of us out there enjoying knowing that Joey is going to be in prison for years and knowing what will happen to him over the next several weeks.
I can't get the grin off my face thinking about the look on Joey's face the first time some huge black guy sexually penetrates him.
Celebrating _anyone's_ rape is bullshit. If it was wrong for Joey to do it to that boy, it's wrong for someone to force it on him. His punishment is confinement, not rapey retribution.
DeleteAnd why does it have to be a black guy? You don't think whites or Hispanics would do that?
Holy crap! I can't stand Joey for what he's done, and even I'm sad on the inside for what lies ahead. No one -- and I mean NO ONE -- deserves to be raped, including a man who's done a lot of damage.
DeleteNow, I'm going to ask a favor of everyone. Take it for what it is: my last attempt at making sure Joey does the max here; which, in this case, would mean stacked sentences. Tomorrow, I'm going to compose a letter to the judge, hoping he'll see it in the course of the court's "investigation" prior to sentencing. For me, it will be a chance to air my frustrations and grief once and for all, and to hopefully show the judge who and what Joey is. It's also the only thing I can think of to say "thanks" to this teenage victim who put it all on the line to make sure he goes away for a long time. I ask each of you to consider doing the same. The Navarro County clerk's e-mail is listed on their site. If anyone wants it, I'll provide the link. Just consider it, please; and thanks.
wb/Erica
Instead of email, it would be better to hand deliver the letter to the Judge's court coordinator for delivery.
DeleteI'm about 1,200 miles away at the moment; would you suggest fax instead, or certified mail? Good point, though, and much appreciated.
Deleteoh I dunno. As a victim of rape it seems to me a rape in return is a just punishment. I would have preferred some time behind bars to the rape I endured. There is a different justice system in the prison than out. The justice system within the prison oddly enough caters to the victims.
DeleteAnon at 9:44:
DeleteYou can fax the Court a letter. Address it as follows:
The Honorable, James E. Lagomarsino
13th District Court of Navarro County, Texas
P.O. Box 333
Corsicana, Texas 75151
Fax: 903-872-2704
Re: State v. Dauben
That should get it there. Alternative would be to send it via USPS overnight delivery to that same address.
Anon at 10:20 - I'm sorry for what you obviously suffered, but that doesn't make wishing the same thing on another person right. Joey will suffer enough in prison as he learns how unimportant he is, and as he learns how to deal with adults who don't want to be around a loudmouth know it all who harbors paranoid conspiracies. I suspect that, even without the rapeyness aspect, Joey will suffer a great deal in prison.
DeleteAint gone thru the roof yet.....tired of Loryns B.S.- I am a real investigator and you will see.... Freedom of Information Act is in process for all of Loryns mothers antics during her marriage to Loryns father. I will show whole documents, not pieces. BTW- the case files show Mr. Ryder was the only one to have a P.I. on the case. I also will provide court documents that "PROVE" Loryn did falsely accuse her father of rape and physical abuse. Both lies.... apparently this non-P.I. liar imposter also forgot to mention that Loryns mother abandonded her and baby brother to run off with another man. Mr. Ryder had custody of both childrens for 12 years until Lo-runs false sexual abuse allegations. At that point Mr Ryder told her to hit the bricks. More to come... real court documents... all Lo-runs lies are to be revealed!!!
ReplyDeletegood to hear.
DeleteWebb's report was just posted.
ReplyDeletehttp://therarereporter.blogspot.com/
wow, so I guess it could only be 50% which would be 5-15.
DeleteLooks like Joey's attorney made one convincing argument by saying "He noted that the ex-blogger is small and not strong, and he could be severely injured or even killed in prison." Thanks for the website name plug I guess, but yeah I think the jurors may really have taken that into consideration.
When would he required to pay the $7,500 and what happens if he doesn't?
ReplyDeleteSomebody posted the Corsicana D/Sun on the last thread. Webb has better details, the sentences are less confusing. The fines weren't mentioned in the Corsicana paper.
ReplyDeleteMy cop kid agrees with Joey's attorney - has been saying all weekend that Joey may not survive it if he's in general population. The kid worked in the Geo run TDC unit in Johnson County while in the police academy. The opinion was based on that experience. Prison is a horrible place, I was glad when the kid got out of there.
To clear up a few things there is no special unit for sex offenders they all get into general population
ReplyDeleteHe wont be in Huntsville that is generally for more violent crimes and there are about 100 other places he could be sent. If like it is surmised he has mental deficits he will get into a place with "more" relatively speaking mental health facilities
He will spend about 6 months to a year waiting for placement in a transit unit
The Court reviewing the probation issue is a wild card but he wont be on ten years probation after release his Ellis Probation will be over probably be revoked and that sentence will be served concurrently and you cant suspend a sentence for longer than 10 years so he could be on probation for the remaining couple of years if he only does eight stacked or 3 concurrent.
I talked to a couple of Navarro DA's and they admitted the case was weak but the general consensus was there was no explanation for the boat ride and he admitted taking it late at nite under the influence what goes on in that situation was the consensus? Hard to argue that one! They also admitted that there was no evidence of any other sexual assaults better be careful saying he is a predator is not like saying he preyed on this boy and you know Joey only has time to sue people for free now
The comments about prison are funny, talking to the wardens they admit some of the scariest people are the guards at prisons lol
for the most part you are not allowed to be off monitor or in a postion to get anally raped or otherwise and there are some he /shes that take the "load" of that work Its not Shawshank redemption lol
This is a sad episode of like and ironic in so many ways.......