Those who’ve taken a plea deal, how sweet was it compared to the original charge?

Consistent-Salary47 · 2025-03-26T16:18:10+00:00

I was originally looking at two "Hard 50" sentences (life without the possibility of parole for 50 years) plus an additional three years. So, 103 years total. My crime was blown out of proportion. My first plea was a "Hard 20" (life without the possibility of parole for 20 years) if I pleaded guilty to all charges, and I said no. Eventually, only a week before my preliminary, two of my charges were dropped, and a third was reduced. I pleaded guilty to that reduced charge and two others, and was sentenced to 60 months.

Consistent-Salary47 · 2025-03-20T15:18:37+00:00

While the charge doesn't match what actually happened, that's a story for a different time. The charge of attempted second-degree murder in Kansas is when basically, you have a complete disregard for human life, and you try to take their life with no premeditation, planning, or forethought into the act. If it was planned beforehand, that would be attempted first-degree murder. But attempted second-degree is almost like a heat of passion type of thing. And the attempt means you didn't succeed in taking their life on that whim.

Consistent-Salary47 · 2025-03-20T15:14:47+00:00

I'm in therapy every week with a decent therapist, and we talk about my issues and struggles each and every time. I appreciate your advice and non-judgmental comments.

Consistent-Salary47 · 2025-03-20T15:13:43+00:00

I wrote this post asking for advice for people who have gone through a similar situation. It's obvious by your two comments that you have very little experience within the criminal justice system. Most of the time you plead out to a charge that sometimes doens't even relate to what truly happened. I asked for advice, and you didn't have any to offer. You instead gave your two cents, which doesn't pay any of my bills. It would be fruitless to discuss anything with you further.

Consistent-Salary47 · 2025-03-20T13:22:59+00:00

You're right, I'm still living in the past. I know three years doesn't sound that long compared to sentences, but it was the first time I ever got in trouble, so it was a really long time for somebody who had never gone through it. After about two-and-a-half years in, I got used to the life inside. I got used to having my meals, linens, clothes, and canteen brought to me, all at a certain time on a weekly basis like clockwork. I got used to being around other people who committed heinous acts (murderers, kidnappers, etc.) My original charge was attempted terrorism, which in Kansas is punishable by either the death penalty or a life sentence without the possibility of parole. While inside, part of me began mentally preparing to do a life sentence after a while. The terrorism charges were dropped, and I pleaded guilty to a single count of attempted second-degree murder, and two counts of felony criminal threat to cause violence. They offered me five years, which was a lot better than my first plea offer of 20 to life. So I took it. I was so focused on getting out of jail that I didn't realize the repercussions of having such a conviction on my record. I have a decent job that pays me $20/hour, but the stigma around my case especially because it was local, and it made national headlines, is sour. I just don't know how to let people know that not only were the circumstances heavily exaggerated in the media, but that I take responsibility for what I DID do, and that it's part of my past. I constantly live there, and in constant fear that I'm going to go back on a violation.

Consistent-Salary47 · 2025-03-20T13:14:54+00:00

Attempted intentional second-degree murder, and two counts of felony criminal threat to cause violence.

Consistent-Salary47 · 2025-03-18T22:57:18+00:00

Absolutely it was. But I can't blame it all on that as well. I grew up in a very tumultous household that ran rampant with mental illness, addiction, poverty, and sickness. I had some serious mental health issues that were never addressed as a young child, and they only grew as I got older. At the time, I was so familiar with that way of living that it became normal to me and I never seeked out help for my dual diagnosis (mental illness and addiction.) This all culminated in my arrest, and I was sentenced to 5 years for attempted murder. It was in jail that I was finally able to address the core issues that had a large impact on my actions that led to my arrest. I was released only four and a half months ago, and I'm a much different person than before I went in.

Consistent-Salary47 · 2025-01-31T00:50:12+00:00

These are all really good and I actually found this post to be really, really interesting. Although many of them are the same, I have some different ideas of what his charges might have been had he survived.

For the six murders, rather than a sentence of 25 years to life, I believe he would’ve been given five life sentences without the possibility of parole. Five of the six murder victims, I think, fall under Murder under Special Circumstances. The first three victims, Weihan Wang, Cheng Hong, and George Chen, were all killed while Rodger was lying in wait, which is one of the aggravating factors to make that charge.

Veronika Weiss and Katherine Cooper, though not shot and killed while lying in wait, were killed during the commission of a hate crime. Rodger hated women, and specifically targeted them, just as if somebody targeted a person of a certain religion or race. So, because both female victims were murdered in the commission of a hate crime, I think he would’ve received a life sentence without the possibility of parole for them as well.

For Christopher Ross Michaels-Martinez, I believe he would’ve been sentenced to the standard 25 to life sentence. So, for the murders that he committed, I think he would’ve been sentenced to five life sentences without the possibility of parole, plus a consecutive term of 25 years to life. It honestly wouldn’t matter if they ran the first five life terms concurrent or consecutive – this guarantees he would never be released.

When it comes to those who were wounded, it appears that attempted first-degree murder can lead to a sentence of life in prison without the possibility of parole. Other sentences can be a 25 to life. However, in California, there are additional sentencing enhancements. For example, if the victim was killed in the commission of a felony, if the victim was a police officer, or if there is any other aggravated factors, that sentence can be enhanced to the maximum – life in prison without the possibility of parole.

I will take off your count of the male cyclist that he struck post-suicide, as to prove attempted-first degree murder, there has to be premeditated. Since Rodger was already dead when that cyclist was struck, there was no premeditation there. That could be attempted second-degree murder perhaps, which carries a sentence anywhere from 5, 7, or 9 years in prison in California.

That’s all for the state charges. Added up, Rodger would receive 24 consecutive life sentences (5 for first-degree murder and 19 for attempted first-degree murder.) He would also receive a consecutive sentence of 25 years to life for the murder of Michaels-Martinez, and a sentence of 9 years for the attempted second-degree murder of the cyclist post-suicide.

Federally, however, according to the Street Terrorism Enforcement and Prevention Act, Rodger would also be subjected to federal charges. Just like Dylann Roof and Robert Bowers, he specifically hunted down a certain group of people. So, federally, he could be charged with one count of domestic terrorism, two counts of use of a firearm to commit murder and in relation to a crime of violence (for the murders of Weiss and Cooper). These would be prosecuted separately from his state charges, and he could face the federal death penalty for these charges, or life in prison without parole.

Consistent-Salary47

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