Frank Herron arrested

Armed robbery with a firearm carries a max of 105 years in prison without the benefit of probation, parole or suspension in the great state of Louisiana.

Here's the armed robbery statute: http://www.legis.la.gov/legis/Law.aspx?d=78597 It carries a max of 99 years.

Here's the enhancing statute for a firearm: http://www.legis.la.gov/legis/Law.aspx?d=78600 It carries an additional 5 years.

Theft is actually not as simple as most folks believe. There are two main elements to it: 1) you've got to take something of value; and 2) you've got to intend to permanently deprive the owner of the thing taken. The second element is the tricky part and actually can confuse some officers. My sole point is that we don't know exactly what Herron said to the officers. Granted, it could have been something like, "Yeah, I took that bike and I wasn't going to give it back." Ok, that's theft. Or he could have said, "Yeah, I took that bike." and the officer didn't follow up to establish his intent. Ok, then theft there is more difficult to prove.

Based on the tiny bit I know, it sounds like unauthorized use of a movable, frankly.

Just for shits and giggles, if you're interested, here's the theft statute: http://www.legis.la.gov/legis/Law.aspx?d=78605 and here's the unauthorized use statute: http://www.legis.la.gov/legis/Law.aspx?d=78627

 

That's an assumption I'm making. If, on the other hand, somebody else riding the bike said, "Frank gave it to me." then it gets a little trickier for him.

 

I agree wit most of your sentiment that there are degrees and circumstances. A stupid accident that damages someone's property is clearly a different circumstance than intentionally stealing something. If I have a driver that works for me who makes a mistake and wrecks the $200K truck he's driving, damages a few other cars in the process, and destroys a load of cargo worth another $60K, I'm less likely to fire him than the guy I catch intentionally stealing 20 gallons of diesel fuel on the weekend when he doesn't know the camera's watching. It does depend on circumstances and intent. I'm operating on the presumption that he knowingly took another person's bicycle without permission and without intent to return it or extenuating circumstances (like he had to ride a bleeding child to the hospital as fast as he could). I'm not getting into the lawyerese as to whether he was questioned about if he intended to give it back. It matters to the law but not to me. I'd say I was going to give ti back too if I stole something and that would get me off.

In your example, what if the bike he stole were one of those $2000 high end jobs? Then it's a felony, right? Wind sprints? I personally have a very, very low tolerance for thievery even if it's something small. Unless it is a necessity (like stealing food to survive) a person who steals tells me they are of low moral character and a generally bad person.

 

What do you do if your kid steals something, you teach him a lesson and move on. I don't know this kid, maybe he never got that lesson. But he is getting it now. Maybe he is a crook, time will play that out. And if he is still on the team when it does, then Miles will show him the door. Unlike a true family there are only a certain amount of a lessons one can get. But no way he gets anything more than a lesson at this point.

 

Can still be charged as an adult. Just poking holes in your litmus...

 

Or if the "punishment" when he gets caught isn't really all that big a deal.

 

I must have missed it...what did Herron do? Steal a Champagne of Blue Crabs? (LOL)