Category Archives: Law

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Killadelphia Yes, homicide is significantly down, but still more than thrice that of the rest of the Commonwealth

It was March 16, 2022, when this poor site noted liberal Philadelphia magazine reporter Victor Fiorillo‘s story about how applications for concealed carry permits had skyrocketed. He had expected an increase, following the 562 officially reported murders in the City of Brotherly Love, but “wasn’t exactly ready for just how big this increase has been.”

Mr Fiorillo doesn’t like Fox 29 News reporter Steve Keeley’s reports on crime in the city, just as WHYY reporter Cherri Gregg, who said his reporting “definitely makes me cringe,” while Philadelphia Inquirer columnist Jenice Armstrong “wrote on Facebook: ‘His Twitter feed is also disturbing.'”

So, @phillyvictor, Mr Fiorillo’s Twitter handle, gleefully told us that homicides were down in the city, slamming Mr Keeley for not reporting on that:

Philadelphia Homicides on Pace for Historic Low. No, Really!

The news Steve Keeley won’t tell you.

By Victor Fiorillo | Tuesday, September 24, 202 | 3:29 PM EDT

If you’re addicted to local television news or Fox News or if you live your life based on 15-second blips on TikTok or whatever the awful Citizen crime app[1]Hyperlink not in Mr Fiorillo’s original, but added by me. I have assumed that this is the Twitter site to which he referred, but cannot say that I am certain. has to say, you are probably still convinced that Philadelphia is a desolate hellhole, the Wild Wild West of urban living, where anything goes and where crime is rampant and without consequence. The “car meetup” events from Saturday night into Sunday morning, which featured a ring of fire outside City Hall and at least one flamethrower, are probably all you can talk about. You’re living your best Steve Keeley life.

But here’s some news that Steve Keeley and his ilk can’t find the time to tell you: Philadelphia’s homicide count is on pace for a historic low. You read that right, and I’ll say it once again for those in the back: Philadelphia’s homicide count is on pace for a historic low.

Now, this isn’t fake news. This isn’t my opinion. This is real news based on, you know, facts. Data. Statistics.

According to the latest data provided by the Philadelphia Police Department, homicides in Philadelphia are down 40 percent in Philadelphia as of Tuesday morning compared to the same time period last year. If you think I’ve told you similar things in the not-too-distant past, you’re not wrong. Back in April, I cautiously reported that our homicide count was down 34 percent. I say cautiously because, well, anything can happen at any time, sending those numbers in the wrong direction. Also because we hadn’t yet hit summer, and generally speaking, summers are associated with more violent crime.

Well, friends, guess what? Summer is officially over. And we went from a 34 percent decrease in homicides as of April to a 40 percent decrease in homicides as of today. If we stay on that track, that would mean that we’d end the year with 246 homicides. And if we do that, 2024 would tie 2013 for the lowest number of homicides in Philadelphia for the last 56 years. To do better than that, we’d need to end the year with fewer than 234 homicides. That’s how many homicides the city saw in 1967. One can hope!

Perhaps so, but it comes back to the first story of Mr Fiorillo’s that I cited, concerning the surge in applications for concealed carry permits. And then this, from Thursday morning’s Philadelphia Inquirer:

One killed, one injured in gunfight during an attempted robbery that ended in SEPTA bus crash in West Philly

There were nine people — eight passengers and one driver — on the SEPTA bus, a SEPTA spokesperson said. Nobody was injured.

by Rodrigo Torrejón | Thursday, October 3, 2024 | 9:44 AM EDT

A 36-year-old man was killed and a 17-year-old was injured when gunfire broke out during an attempted armed robbery in Mantua on Wednesday night, police said. After the teen and his accomplice fled the scene in a getaway car, the car crashed into a SEPTA bus a block away.

The 17-year-old was identified as Sage Black-Rivera.

Police responded to a report of a shooting at a candy store on the 800 block of North 40th Street at 10:11 p.m., police said. When officers arrived, they found the 36-year-old man on the floor of the store with multiple gunshot wounds, police said.

The man, who police did not identify, was pronounced dead at the scene minutes later.

The victim had been in the store when a 17-year-old boy and another male tried to rob him at gunpoint, said Police Deputy Commissioner Frank Vanore. The 36-year-old man then took out a gun and fired at the two men, striking the teen.

The teen then shot the 36-year-old manm, said Vanore.

The two assailants then fled the store in what police believe is a Mazda, but only got a block away before the car crashed into a SEPTA bus near 41st and Brown Streets, said Vanore.

Miss Gregg complained that “it is not good reporting to simply repeat police accounts/narratives,” but that’s what Inky reporter Rodrigo Torrejón just did, as shown my Mr Keeley’s tweet with the image file of the police report.

There were nine people on board the Route 31 SEPTA bus, eight passengers and the driver, a SEPTA spokesperson said. No injuries were reported to anyone on the bus.

The two alleged robbers then fled on foot. Police later found the teen on the 700 block of Preston Street with gunshot wounds to his arm and chest. He was taken to Penn Presbyterian Medical Center, where he was placed in stable condition.

Homicide detectives are continuing to investigate. The 17-year-old boy has been arrested, and police are looking for his accomplice.

Mr Fiorillo noted, in the first cited story about concealed carry permits:

Of course, just because you’re denied doesn’t mean you’re not carrying, and carrying without a license is generally a first-degree misdemeanor, punishable by up to five years in prison. But that charge can be upgraded to a felony depending on the circumstances.

It seems sadly appropriate that I’m writing about another Philly murder while drinking my coffee from a blood-red mug.

We have not yet been told whether the 36-year-old victim had a license to carry his weapon, but we do know that the unnamed 17-year-old did not have one, because such permits are not issued to minors. I am waiting on someone to whine that the 36-year-old victim would not be dead had he not been carrying a weapon and tried to defend himself, not that anyone can know that, but if he had been unarmed and simply handed over his wallet, both armed juveniles would have gotten away, and would still be out on the streets, waiting to rob at gunpoint someone else. At least now the 17-year-old will spend — hopefully — the rest of his miserable life behind bars, at least he will if the George Soros-sponsored, criminal loving District Attorney, Larry Krasner, charges him as an adult with second-degree murder, Pennsylvania Title 18 §2502(b). Under Pennsylvania Title 18 §1102(1)(c)(1), “A person who at the time of the commission of the offense was 15 years of age or older shall be sentenced to a term of imprisonment the minimum of which shall be at least 30 years to life.”

Yes, homicides are down and crime is down in foul, fetid, fuming, foggy, filthy Philadelphia, but there is still a culture in the city, and in most of our major cities, that allows crime to continue. Let’s use Mr Fiorillo’s statistics, estimating that Philly will finish with 246 homicides. With an estimated population of 1.55 million in 2023, that would still leave the city with a homicide rate of 15.87 per 100,000 population, significantly higher that the state’s 8.9 homicides per 100,000. Using the 2022 numbers — and the fact that the full 2023 numbers are not yet available is just plain sinful — Philly saw 514 homicides out of the Commonwealth’s total of 1,068, 48.13% of the total, when the city has only 11.96% of the state’s population. The rest of the Commonwealth had a homicide rate of 4.85 per 100,000 population, less than a third of Philly’s.

What will the numbers look like once full figures are available? Well, who knows, but even if they’re better than 2021, that won’t mean that they are good.

So, yes, things aren’t as bad as they once were, but if you live in Philly, you have slightly more than thrice the chance of being murdered than anyplace outside the city. It’s a shame that Mr Fiorillo didn’t mention that part.

References

References
↑1 Hyperlink not in Mr Fiorillo’s original, but added by me. I have assumed that this is the Twitter site to which he referred, but cannot say that I am certain.
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Man, that Larry Krasner and his office are really stupid!

This site has previously noted the charges against former Philadelphia Police Officer Mark Dial. Officer Dial shot and killed criminal Eddie Irizarry when he believed that Mr Irizarry was reaching for a weapon.

The city’s George Soros-sponsored, police-hating and criminal-loving District Attorney charged Officer Dial with “first-degree murder, voluntary manslaughter, aggravated assault, and related offenses,” though, as you can see from Pennsylvania Title 18 §2502 above, first-degree murder was never an appropriate charge.

An at least reasonable case could be made for charging PA Title 18 §2503 Voluntary Manslaughter, a first degree felony, but there’s a high bar for the prosecution to surmount.

  • 18 §2503(b) Unreasonable belief killing justifiable. — A person who intentionally or knowingly kills an individual commits voluntary manslaughter if at the time of the killing he believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 of this title (relating to general principles of justification), but his belief is unreasonable.

Mr Krasner would have to prove that Officer Dial had an “unreasonable” belief that he was justified in shooting Mr Irizarry. Mr Irizarry had been driving erratically, and when he finally pulled over, he kept the car window up, was non-compliant, and raised his hand while holding a knife.

A Philadelphia judge dismissed all charges against Officer Dial, ruling that the prosecution had not presented evidence that a crime has been committed, so naturally the Usual Suspects decided that a riot was in order. Naturally, Mr Krasner refiled the charges, including first degree murder, and Mr Dial was rearrested, and denied bail.

Now, after nearly a year in prison, without having been convicted of anything, the former Officer is once again free on bail.

Mark Dial was released on bail after the Philly DA’s office dropped his first-degree murder charge

Dial had been in custody since last fall after he was charged with fatally shooting Eddie Irizarry in a traffic stop in Kensington.

by Chris Palmer, Ellie Rushing, and Rodrigo Torrejón | Thursday, August 9, 2024 | 10:50 AM EDT

The District Attorney’s Office has withdrawn a charge of first-degree murder against former police officer Mark Dial, a decision that prosecutors were effectively forced to make by a judge after failing to tell Dial’s attorneys about a key piece of evidence they intend to use against him at trial.

The decision, made Thursday, allowed Dial to be released from jail on bail to await a new trial date, now with a lead charge of third-degree murder. His case — which had been scheduled to begin in September — will now go before a jury in May 2025.

Dial’s bail was set at $200,000, and he paid the required 10% to secure his release shortly after noon Thursday, court records show.

The development served as the latest twist in the high-profile case, one that has taken an unusually circuitous path through the courts. Dial is accused of fatally shooting Eddie Irizarry during a traffic stop in Kensington last year, and his prosecution has now been tossed out, reinstated, and downgraded over the last 11 months.

Just what kind of ineptitude infests the District Attorney’s Office that they first made a mistake which got the charges dismissed, and now, if the first paragraph in the Inquirer’s story is accurate, they f(ornicated) up again. “(A)n unusually circuitous path”? That’s a polite way of saying that the DAO has been completely inept.

What was this whole charade other than an effort by Mr Krasner to punish Mr Dial pre-emptively, in case he couldn’t actually win a conviction?

Prosecutors months ago had hired an expert to prepare a report on whether Dial violated Pennsylvania’s use-of-force law for police when he shot Irizarry, a question that goes to the heart of the case and will determine whether Dial should be convicted. But prosecutors told Dial’s attorneys about the expert’s report only this week — something Dial’s lawyers said was unreasonable, and didn’t give them enough time to prepare a rebuttal.

Common Pleas Court Judge Glenn B. Bronson agreed, and said he did not want to delay the case and keep Dial incarcerated for months over an issue that prosecutors had effectively created.

“Why didn’t you tell them you were hiring an expert?” he said in court this week, later adding: “You sat on this for 10, 11 months.”

Judge Bronson offered the compromise, to reduce the top charge to third degree murder, which made Mr Dial eligible for bail. Prosecutors then urged the judge to restrict Mr Dial to house arrest, to punish him further, but the defense noted, to the judge’s satisfaction, that Mr Dial did not pose a flight risk.

All of the charges should be dropped, and Mr Dial compensated for the time he spent behind bars unjustly, and that compensation should come from Mr Krasner’s personal wealth.

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A post of mine that will piss off a lot of people

My good friend Chaya Raichik — OK, OK, she has no idea who I am, bit I follow her on Twitter, posted:

Ryan Evans was charged with assault to r*pe a child in 2021. He was let free and sentenced to house arrest, awaiting trial. 3 months ago a judge loosened his curfew.

Now he was arrested again for luring a 5-year-old child behind a restroom and attempting to r*pe him.

Why does our justice system let violent child pr*dat*rs back onto the street to continue t*rr*rizing communities?

Naturally, the responses to Miss Raichik were almost uniformly supportive, but mine was different, and I would imagine it will be unpopular. The Eighth Amendment to the Constitution specified that the accused have a right to a reasonable bail amount, meaning a bail that they can reasonably make, while the Sixth Amendment guarantees the right to a speedy trial.

Mr Evans was charged with horribly serious crimes, crimes which, to me, merit life in prison without the possibility of parole if he is convicted, but that’s the point: he has not actually been convicted of anything yet. The judge in his previous case granted him bail, which he made, but put him on house arrest, complete with the requirement to wear a GPS ankle monitor. I can see the merit in that, but Mr Evena has been awaiting trial for three years now. Continue reading →

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What about the right to a speedy trial?

George Aldridge, photo by Fayette County Detention Center, and is a public record.

On August 28, 2023, we noted the case of George Wayne Aldridge, previously accused of three sexual assaults in Lexington then being charged in a cold case from Louisville as well. Our August story concerned his bail reduction from $150,000 to $50,000.

The Eighth Amendment to the Constitution specifies that “Excessive bail shall not be required, but Mr Aldridge was unable to make the reduced bail amount, either. And that brings us to the present. From the Lexington Herald-Leader:

Lexington survivor terrified, ‘disgusted’ that alleged ‘serial rapist’ could be released

Continue reading →

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This is what happens when prosecutors give out sweetheart plea deals!

Is there anyone more valuable to the exposure of the truth than Chaya Raichik, the creator of Libs of TikTok? This is the kind of story that the credentialed media usually cover up, but Libs of TikTok publicized it:

Elementary school principal arrested for aggravated child abuse, false imprisonment

by Ryan Wyatt Turbeville | Monday, May 13, 2024

OCALA, Fla. (WCJB) – The principal of Destiny Leadership Academy, an elementary school in Ocala, was arrested after Marion County Sheriff’s Office deputies say he trapped a student in a classroom and abused the child.

Dontay Akeem Prophet, 33, was arrested on charges of aggravated child abuse and false imprisonment of a victim under the age of 13. On Friday, a deputy responded to a call about a fight between a student and Prophet at the school.

Sheriff’s deputies reviewed surveillance video they say shows Prophet preventing a boy from leaving a classroom. He grabbed the student and put him in a chokehold on the ground.

Prophet used a charging cable to strike the child, causing him to fall. He also twisted the boy’s ankle, slapped his face, and committed other abuse.

Continue reading →

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We all have #FreedomOfSpeech, but that does not come with freedom from consequences The anti-Semitic, pro-Hamas protesters are finding out that some people have listened to them, and don't like what they've said

I spotted this on my feed this morning, and the different reactions are humorous.

Conservative judges say they will boycott Columbia University students

The judges accused Columbia of becoming “ground zero for the explosion of student disruptions, anti-semitism, and hatred for diverse viewpoints on campuses.”

By Tobi Raji | Tuesday, May 7, 2024 | 6:42 PM EDT

More than a dozen conservative federal judges are threatening to not hire law clerks who attend Columbia University or its law school starting this fall — an attempt to show the judges’ displeasure over the institution’s handling of pro-Palestinian protests.

Continue reading →

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Crazy people are dangerous

London’s Daily Mail is a sensationalist tabloid, to be sure, but as I pointed out here, the Daily Mail was the only credentialed media source that I found which exposed the fact that the Pennbrook Middle School assailant was transgender, a boy claiming to be a girl. I’ve still seen no major credentialed media sources stating that, but I’ve also seen no credentialed media sources publishing anything which have claimed that the reports that ‘Melanie,’ the (alleged) Pennbrook assailant, is ‘transgender’ are false.

And now there’s this:

Middle schoolers study in FEAR after being forced back to class with ‘troubled’ trans kid who named 45 on ‘hit list’: Boston parent says ‘they know the school is not protecting them’

Continue reading →

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A junior judge takes a stupid decision

Just in case I couldn’t thing of a good subject on which to write today, my good friend Robert Stacy McCain gave me some direction!

Judge dismisses gun charge against convicted felon; ruled as unconstitutional

by Natalia Martinez | The Ides of March, 2024 | 11:47 AM EDT

LOUISVILLE, Ky. (WAVE) – Prohibiting a convicted felon from possessing a gun is unconstitutional, according to a Jefferson County Circuit Court Judge’s ruling.

Judge Melissa Logan Bellows filed the order this week, dismissing the possession charge against a convicted felon and persistent felony offender, Jecory Frazier.

The motion to dismiss was filed by Louisville Attorney Rob Eggert in October on behalf of his client. Eggert claimed the state’s law does not trump the Second Amendment. Bellows agreed, making the first ruling of its kind in Jefferson County.

Trisha Lister, an attorney at Eggert’s office, wrote the motion.

She believes Bellows’ opinion was well-written.

She told WAVE News Troubleshooters the Second Amendment does not single out convicted felons. She said the charge has been not been equally enforced and is used as a way to keep people of color from having guns. Lister stated over 70% of those prosecuted on that standalone charge are minorities.

And there we have it: the attorneys for the defendant were concerned that “over 70% of those prosecuted on that standalone charge are minorities,” so naturally, the lawyers assumed that such a statistic was generated by racism rather than the possibility that “over 70% of those prosecuted on that standalone charge are minorities” because over 70% of the violations of KRS §527.040 were committed by minorities. That statistic is not addressed in Judge Bellows decision.

The .pdf file of Judge Bellows decision is here, and it is fairly brief, only eight pages.

The Judge based her ruling on District of Columbia v. Heller, 554 U.S. 570 (2008), which established that the Second Amendment’s guarantee of the right to keep and bear arms is an individual right, not one restricted to the militia, and New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), which set the standard that restrictions on our Second Amendment rights must have a significant history based on the original understandings of our rights, rather than something novel.

The Court held that “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct” and the Government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.

The Judge then launches into an argument I find strained:

In Heller, the Court stated that “nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons . . .” 554 U.S. at 627. The majority opinion in Bruen makes no mention of Heller’s reference to felon in possession laws. Instead, the admonition appeared in a concurring opinion. 142 S. Ct. 2162 (Kavanaugh, J., concurring).

A curious argument, given that Heller specifically stated that felons could be barred from owning weapons, and Bruen did not overturn that part, because Bruen made no mention of that particular part, the Court must not have meant for it to continue. This alone is a point of contention that I suspect the Commonwealth will appeal.

But, to me, the oddest part of the Judge’s argument is that, other than one sentence in which she noted that the Fourteenth Amendment was ratified in 1868, she ignores it completely. Perhaps the Commonwealth’s Attorney for Jefferson County did not bring it up, even though it is through the Fourteenth Amendment that the Court ‘incorporated’ the individual right to keep and bear arms to the states, in McDonald v. City of Chicago, 561 U.S. 742 (2010). The Fourteenth Amendment specifically states, in part:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Emphasis mine.

It’s simple: the Fourteenth Amendment specifically allows the states to deprive a person of his constitutional rights if due process of law is followed, and the felony convictions of Jacory Frazier were obtained through the due process of law.

Let me state clearly here: I am not an attorney!

So, who is Judge Bellows? She was elected Judge of the Kentucky Circuit Court for Circuit 30, division 7, in 2022, in a non-partisan race, to an eight-year term. People unfamiliar with the Bluegrass State’s judicial system might jump to the conclusion that she was appointed by either Governor Andy Beshear (D-KY) or the evil President Trump, but neither is the case.

Defense Attorneys make all kinds of outlandish arguments to try to get their clients off, and in most cases, those arguments don’t work, even though judges do have to take such arguments seriously. In this case, a junior judge took an outlandish argument very seriously, and actually agreed with it.