State of Minnesota v. Nicholas Rekieta, Kayla Rekieta, April Imholte

[Return of the Freaker]

For context people seem to have heard April help Nick set up the stream.

Which means April is still "living" with Nick.

Looking at the Casino clip channel, there was also a VERY audible snort

 

[Iron Hamster]

Looking at the Casino clip channel, there was also a VERY audible snort

You think dsp was there too?

 

[Angry Crustacean]

I'm considering the likely sentence if Nick's trial returns a guilty verdict. I see multiple aggravating factors to push the judge towards the the maximum sentence (lack of remorse, harm done to a child, judge's personal bias against drug-related offenses), and only one mitigating factor (this is Nick's first criminal offense). Are there are any other mitigating factors that would cause the judge to consider applying a sentence below the maximum that I am missing?

 

[break these cuffs]

I'm considering the likely sentence if Nick's trial returns a guilty verdict. I see multiple aggravating factors to push the judge towards the the maximum sentence (lack of remorse, harm done to a child, judge's personal bias against drug-related offenses), and only one mitigating factor (this is Nick's first criminal offense). Are there are any other mitigating factors that would cause the judge to consider applying a sentence below the maximum that I am missing?

The MN drug sentencing guidelines.

 

[Angry Crustacean]

The MN drug sentencing guidelines.

View attachment 6113974

So based on this section

from the commentary PDF the judge would have to sentence him to 4 years for the drug charge (mandatory minimum appeared to be three years)? Those aggravating factors would be pushing the judge towards consecutive rather than concurrent sentences if Nick is found guilty across the board.

 

[Himedall All-seeing Waifu]

The MN drug sentencing guidelines.

View attachment 6113974

If I am reading this correctly, unless Nick has more than 1 additional conviction (1 point is roughly 1 conviction unless really heinous like murder or dealing drugs, or on probation: Source 1, Source 2) he is likely to have it deferred.

Obligatory, IANAL, but this seems fairly clear unless there are any relevant statutes not considered here--even at the 2nd Degree severity level. Still won't help that CPS case

So based on this section
View attachment 6114010
from the commentary PDF the judge would have to sentence him to 4 years for the drug charge (mandatory minimum appeared to be three years)? Those aggravating factors would be pushing the judge towards consecutive rather than concurrent sentences if Nick is found guilty across the board.

No, on page 14 of the PDF it shows how the criminal history score is calculated, and Nick should not get more than 1 point from the neglect charge--if they are even allowed to add that since it is charged concurrently with the drug offense.

That puts him in the grey section, unless I miss something:

 

[MadStan]

You're talking like Nick isn't halfway there already. Nobody buys Nick's bullshit more than Nick. The man shower called texted Null during the half hour his thread was locked to thank him for picking up the broom. He has streamed himself saying a state investigator lied to a judge and in her report while facing felony charges related to that investigation. Nick already believes his own bullshit. Some of it, most of it, all of it? Who exactly knows. He isn't some Machiavellian strategist moving chess pieces. He's a paranoid narc with a drug addiction who overestimates his own intelligence.

I agree he is paranoid, but I've seen the type in person who fake it, those that half believe it, and those that full-on 100% are gone (genuine article). Nick isn't there yet and I'm not saying he will either, but the ingredients are there. As a poor example, I'd never believe Ethan Ralph if he started talking like this because he isn't that cooked in the head, and I'd know its just a masquerade, but the way Nick is starting to talk and how he is saying it makes me think the possibility is actually there.

 

[AnOminous]

I'm considering the likely sentence if Nick's trial returns a guilty verdict. I see multiple aggravating factors to push the judge towards the the maximum sentence (lack of remorse, harm done to a child, judge's personal bias against drug-related offenses), and only one mitigating factor (this is Nick's first criminal offense). Are there are any other mitigating factors that would cause the judge to consider applying a sentence below the maximum that I am missing?

The only sentence that makes sense is Nick gets 6 gorillion life sentences that involve him getting ass fucked on an hourly basis for the rest of his life and when he isn't getting ass fucked, he gets electroshock every 20 minutes. Forever. Until he dies. Then they invent resurrection and do it to him again.

 

[Associate Rick]

that involve him getting ass fucked on an hourly basis for the rest of his life

He'd enjoy that though.

 

[Friend of Dorothy Parker]

So based on this section
View attachment 6114010
from the commentary PDF the judge would have to sentence him to 4 years for the drug charge (mandatory minimum appeared to be three years)? Those aggravating factors would be pushing the judge towards consecutive rather than concurrent sentences if Nick is found guilty across the board.

He doesn't have a prior conviction so this is inapplicable.

And for reference, when his client, who was accused of 44 offenses (that happened) and pleaded to 5 felonies but requested probation, which irritated the judge, the court followed the guidelines to a T - two fell under presumptive stay so only the other three warranted time under the guidelines, and those were ordered to be served concurrently.

Consecutive is very rare.

If I am reading this correctly, unless Nick has more than 1 additional conviction (1 point is roughly 1 conviction unless really heinous like murder or dealing drugs, or on probation: Source 1, Source 2) he is likely to have it deferred.

Obligatory, IANAL, but this seems fairly clear unless there are any relevant statutes not considered here--even at the 2nd Degree severity level. Still won't help that CPS case



No, on page 14 of the PDF it shows how the criminal history score is calculated, and Nick should not get more than 1 point from the neglect charge--if they are even allowed to add that since it is charged concurrently with the drug offense.

That puts him in the grey section, unless I miss something:

View attachment 6114331

They review each charge conviction in order, and so the first one has a 0 criminal history score, the second a 1, and so on. That's how the other example I mentioned above sorted out - based on the crim score her first two felonies had presumptively stayed sentences, but then it kicked out of the gray [not drug charges so a different table but same concept] so she had incarceration time on each of the 3 others, served concurrently. And in MN the initial cut is 2/3 of the guideline, and then if you behave in jail you easily accrue good behavior time. In that case, the total "max" could have been like 300 years, but with the plea, the guidelines (which resulted in 2x or 3x months iirc), and then the upfront and good behavior reductions, she was out in 11 months and in supervised status.

 

[Dyn]

Let's be real tho Nick's charges aren't that serious, drug addicts get caught with a bag of dope and neglected kids all the time and the system would rather see them get a wakeup call and a chance to put their life back on track than slamfuck them into oblivion in a supermax.

 

[DiggieSmalls]

Let's be real tho Nick's charges aren't that serious, drug addicts get caught with a bag of dope and neglected kids all the time and the system would rather see them get a wakeup call and a chance to put their life back on track than slamfuck them into oblivion in a supermax.

The question really is then "Is nick getting a wakeup call?"
From what I've seen it looks like no.

 

[Dyn]

The question really is then "Is nick getting a wakeup call?"
From what I've seen it looks like no.

Probably not but the state is still going to want to give him the opportunity for one.

 

[zimzam88]

Let's be real tho Nick's charges aren't that serious, drug addicts get caught with a bag of dope and neglected kids all the time and the system would rather see them get a wakeup call and a chance to put their life back on track than slamfuck them into oblivion in a supermax.

Maybe they should be serious. I don't want to live around people that allow their 8 year old kids to use cocaine during drug fueled poly orgies and show zero remorse. Deport him to hedonistan 2 and he can live out his fantasies there. This balldonigger is clearly going to go back to 100% hedonistic self destruction the second the charges are resolved.

 

[SaidNoOneEver]

Let's be real tho Nick's charges aren't that serious, drug addicts get caught with a bag of dope and neglected kids all the time and the system would rather see them get a wakeup call and a chance to put their life back on track than slamfuck them into oblivion in a supermax.

He won't do serious jail time but whatever career he had as an "influencer" is over. Sideshow freak streamer in the IBS Sektur is all he has to look forward to now.

 

[Dyn]

He won't do serious jail time but whatever career he had as an "influencer" is over.

It already was tbh.

 

[Angry Crustacean]

They review each charge conviction in order, and so the first one has a 0 criminal history score, the second a 1, and so on. That's how the other example I mentioned above sorted out - based on the crim score her first two felonies had presumptively stayed sentences, but then it kicked out of the gray [not drug charges so a different table but same concept] so she had incarceration time on each of the 3 others, served concurrently. And in MN the initial cut is 2/3 of the guideline, and then if you behave in jail you easily accrue good behavior time. In that case, the total "max" could have been like 300 years, but with the plea, the guidelines (which resulted in 2x or 3x months iirc), and then the upfront and good behavior reductions, she was out in 11 months and in supervised status.

Then, if found guilty of all charges, would the sentencing for the convictions be in the same order the charges are listed in the initial post? So that Nick would have a score of 0 for the drug possession charge, a score of 1 for the unlawful firearm possession, and a score of 2 for child endangerment?

I also noted in pages 76-77 of that PDF (section 3.A.102.) where stayed sentences are discussed that if retribution is an important objective of the court that confinement could still be ordered for the stayed sentence.

 

[RodgerDodger]

It's more likely they raise it or revoke it if Nick the fuckhead gets pulled over drunk or gets caught with more cocaine.

Like if he decided doing a Cokestream 2.0 was a good idea? Asking for a fiend.

 

[Himedall All-seeing Waifu]

Then, if found guilty of all charges, would the sentencing for the convictions be in the same order the charges are listed in the initial post? So that Nick would have a score of 0 for the drug possession charge, a score of 1 for the unlawful firearm possession, and a score of 2 for child endangerment?

I also noted in pages 76-77 of that PDF (section 3.A.102.) where stayed sentences are discussed that if retribution is an important objective of the court that confinement could still be ordered for the stayed sentence.

If Nick is smart, he would work a deal to drop one of these, BUT even if not, the 2 other charges are Gross Misdemeanours, and only chargeable for 0.5 points. He will not get above 1 and get kicked out of the presumptive stay of sentence unless they add more charges:



'Eligible' in this context means 'able to be counted and not expunged or otherwise barred from enhancement', and is a limit on the State--not a list of less serous offenses, as far as I can tell.

They were charged with:

• Possession of Drugs - 2nd Degree (Possess 25 grams or more cocaine or methamphetamine). Maximum Sentence: 25 years or $500,000, or both. Offense Level: Felony
• Unlawful possession of a firearm and ammunition by a user of controlled substance (drugs). Maximum Sentence: 364 days or $3,000 fine or both. Offense Level: Gross Misdemeanor
• Endangerment of a child. Maximum Sentence: 364 days or $3,000 fine or both. Offense Level: Gross Misdemeanor. The wife was charged specifically with knowingly permitting physical or sexual abuse of a child

 

[You Dun Boof’ed]

Now that his daughter has tested positive for cocaine, can we expect new charges to be added? Aiding in the delinquency of a minor? Child Abuse (as opposed to neglect)? Drug distribution to a minor?

I’m sure the police have interviewed her and asked her how in the world cocaine got in her system.

If they do hit him with another charge, how soon can we hear about them?