Tuesday, January 18, 2011

Justice?

Christiana Korbe, 42, was a drug dealer.  When the FBI raided her house, she fired a pistol from a second floor balcony.  She hit Special Agent Sam Hicks in the neck, and he died.  She claimed she was protecting her family, and did not know it was the FBI. 

Odds are, she was protecting her family from what she thought was a drug rip.  She thought other drug dealers were coming to steal her drugs.  (Her husband knew it was the FBI, her husband ran to the basement and was flushing cocaine down the toilet).

She was sentenced today, as part of a plea agreement, to 190 months.  Less than 16 years.  Sam's son will be about 20 years old when his father's killer is released from prison.

Her husband, who did the actual work of dealing the drugs....got 25 years.

At sentencing, Korbe blamed the FBI.

To me, these terms are unacceptable.

3 comments:

Race's wife said...

Korbe admits to pulling the trigger and yet, somehow, it still isn't her fault - so typical of the kind of thinking you find everywhere today - it is always someone elses' fault - from the Federal Government down to the people on the street - and the lawyers and prosecuters supporting and partaking in this thinking makes me want to vomit!! Faced with the widow and the child left behind, Korbe speaks empty words of sorrow and forgiveness as her tongue drips with "It's not my fault..." My heart aches for this woman and her son.

LL said...

It should have been tried in state court where there is a felony murder rule and they could have been convicted of murder and executed -- well if it was in Texas.

[For other readers, a felony murder rule makes any participant in such a felony criminally liable for any deaths that occur during or in furtherance of that felony. (in this case being a narcotics distributor)] 18 USC has no felony murder rule where the intent only need be implied. Therefore it wouldn't matter whether she thought it was a drug rip or a law enforcement raid.]

The dead agent's blood cries from the earth for "justice".

LL said...

Even the wimpy, peacenik, fruit/nut California courts uphold this concept of felony-murder intent:

On January 7, 2011, the California Court of Appeal held in People v. Wilkins that it was not a violation of due process to apply the felony murder rule where death resulted from a negligent act committed while actively engaged in a burglary. Wilkins committed a burglary. On the way from the burglary, unsecured items fell from his pickup truck, causing another driver to swerve and become involved in a fatal collision. Found guilty of first degree felony murder, he received a 25 year to life sentence, upheld by the Court of Appeal.

In this case a NEGLIGENT ACT qualified - and shooting an officer raises the mental state higher than that. California doesn't execute people, but the woman and her husband would have ended up on death row.