VA: Man Who Pulled .38 on DOD Cops Get $250k Fine, 1 Yr. Home Confinement

As usual, we don’t know the complete and exact circumstances surrounding the crime in question. 2timesdispatch.com has only this to say on the facts: “In his home on May 4, 2010, Joseph Henry Boggs Sr. was on his feet when he pulled a .38-caliber revolver on special agents of the Defense Criminal Investigative Service when they arrived while investigating Boggs’ son-in-law. The agents drew their weapons in response, but no shots were fired. Boggs eventually lowered his gun and walked away from the confrontation.” No harm no foul? No frickin’ way . . .

He pleaded guilty March 1 to assaulting, resisting and impeding a federal officer and was facing up to 25 years in prison and a $250,000 fine. Because of Boggs’ age and health, prosecutors asked for just five months in prison.

Boggs suffers from heart disease, diabetes and other chronic illnesses. David T. Maguire, an assistant U.S.attorney, told Payne that prison time was necessary to send a serious message of deterrence.

But Payne questioned whether five months in prison was a serious enough message and said taxpayers would have to bear the cost of his medical care. “If it weren’t for his health … he’d be in prison. There isn’t any question of that,” Payne said.

In asking for a lenient sentence, Boggs’ lawyer also cited Boggs’ service in the Army from 1949 to 1952. He was wounded in his legs by shrapnel in the Korean conflict . . .

Payne sentenced Boggs to five years of probation and one year of home confinement and then fined him the maximum allowed in an effort to deter others from committing similar crimes.

The judge said Boggs can pay at least $1,000 a month or 25 percent of his gross income — whichever is greater — until the fine has been satisfied.

“You are a hair’s breadth from prison right now,” Payne told Boggs. “There will be no second chance and don’t think otherwise.”

OK, so, why did Boggs pull the gun? What were the Office of Inspector General’s Defense Department investigators investigating? Does the elderly Mr. Boggs have a criminal record?

We’ve emailed the article’s author for clarification. Meanwhile, that’s a pretty heavy bitch slapping for an old man brandishing a revolver. Just sayin’.

comments

  1. avatar stateisevil says:

    “Meanwhile, that’s a pretty heavy bitch slapping for an old man brandishing a revolver. Just sayin’.”

    If he had pulled it on mundanes, yes. Since he pulled it on members of the sanctified caste, no.

    1. avatar Magoo says:

      Beware of political commentary that reads like science fiction backstory. That’s my motto. Ok, it’s my new motto.

  2. avatar tdiinva says:

    I go with lenient. This wasn’t a no knock raid in the middle of the night. These were two cops doing their job. No confusion, no threats. Guilty as charged.

  3. avatar David B says:

    The DCIS was investigating Boggs’ son-in-law, Douglas N. Rubsam, a former Marine Corps lance corporal stationed in San Diego accused of using an eBay account, under the name “lakeanna4303,” to sell and illegally export stolen military parts.

    After telephoning the Boggs family that they were coming, O’Neill and the other agent approached the home and identified themselves. One agent displayed his credentials and the papers through the glass oval in the front door.

    According to O’Neill, a male voice inside the house shouted, “We’ve called the law” and “You are a bunch of hypocrites.” One of the agents responded, “Sir, we are the law.”

    The agents alleged that Boggs was standing inside the door with his arms fully extended, pointing a silver-colored handgun — later identified as a .38-caliber revolver — at them, according to court documents.

    The agents drew their weapons and ordered Boggs to drop his gun. After pointing the gun for 15 seconds, Boggs lowered it and walked up a flight of stairs inside the house, according to the agents. The agents left and contacted the Spotsylvania County Sheriff’s Office, according to court documents.

    From http://www2.timesdispatch.com/news/2011/jul/01/TDMET02-bumpass-man-learns-fate-today-for-pulling–ar-1144926/

    1. avatar CUJO THE DOG OF WAR says:

      Yep, not a good move. I am surprised he didn’t get shot. Having a loaded firearm pointed at you, knowing the guy is weighing his odds, is spooky.

  4. avatar Tony says:

    The reason they didn’t empty their mags on him is probably because they were DoD Police. The DoD Police I’ve dealt with have been former Military and have generally acted with more professionalism and better attitudes than civilian police. Still, he was lucky not to get shot and stupid for pulling the pistol if he knew they were coming.

  5. avatar ihatetrees says:

    Mr Boggs has problems. He knew they were coming. He got what he deserved.

    1. avatar Jay Dunn says:

      +1

      jd

  6. avatar SeeSpotRun says:

    Spotsylvania ?

    Cool….that’s all

  7. avatar DB Cooper says:

    Spotsylvania is the county, Boggs actually lives in Bumpass, VA <– not sure if that is cool or not

  8. avatar Kap says:

    If a warrant was not involved they have no right to enter the premises, unless invited in, so now a Korean war vet gets harassed for defending his abode from a couple of DOD Assholes that think they are god and they can do any thing they want! enter anywhere they want then frame the guy to cover their violation of castle law!

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