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

[Dyn]

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?

Child endangerment is the same statute as neglect so they'll probably just stick with what's already charged.

 

[mindlessobserver]

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:

They could easily add dealing. He had dealing levels of cocaine and Aaron pointed out he provided the cocaine to him and April. Not hard for a Prosecutor to spin that into a "sex for drugs" argument.

On that point a Jury trial would be necessary, but if Nick forces a Jury trial bet your ass it gets added to the issues for them to resolve.

 

[theapropos]

They could easily add dealing. He had dealing levels of cocaine and Aaron pointed out he provided the cocaine to him and April. Not hard for a Prosecutor to spin that into a "sex for drugs" argument.

On that point a Jury trial would be necessary, but if Nick forces a Jury trial bet your ass it gets added to the issues for them to resolve.

Free is not desling

You significantly underestimate the court's ability to pick the wrong side

Barnes is that you?

 

[A Cardboard Box]

Not hard for a Prosecutor to spin that into a "sex for drugs" argument

I mean, if they wanted to, they could easily upgrade the charge to 1st degree possession by rolling the gun charge into it or by testing any of the coke and finding it laced with fent. First degree possession in Minnesota is 50 grams or more of meth or coke OR 25 grams or more of meth or coke and a gun "within reach." I think Nick is such an unlikeable fuck that the prosecutor could convince 12 people that having a gun under his bed constitutes "within reach." Alternatively, 1st degree possession can be met if it's 25 grams or more of meth or cocaine and the substance is proven to be cut with fentanyl or heroin. If you test the cocaine it is almost guaranteed to be cut with fentanyl.

 

[Dyn]

Free is not desling

As far as the law's concerned, yes it is.

 

[AnOminous]

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.

There are a number of factors taken into account for consecutive sentences. Possibly the most important is separate victims, or separate types of harm. For instance, a really common thing is seeing multiple felony counts in an insurance fraud scheme, counting each individual false claim on a series of documents as separate felonies. This is almost always concurrent if for whatever reason they don't feel like allowing the defendant to plead to just plead to one or something of the sort.

But if, say, you stole a car from Bob and then ran over Charlie with it, you could end up with consecutive terms.

I don't see any particular reason they'd feel like consecutive terms, but we'll see if they bring up any new charges at the omnibus. If the prosecutor is going to go ham on him they could do stuff like adding four more neglect/abuse charges, a separate charge or charges for the cocaine exposure to the nine year old, etc. That would indicate a chance the prosecution would seek consecutive sentencing, or at the very least wants to put pressure on this dipshit to take a plea.

Free is not desling

The criminal statute prohibits "possession with intent to distribute." It doesn't require dealing. There are also separate statutes prohibiting, e.g., operating a drug house.

 

[MadStan]

Free is not desling

Did he receive something in exchange? Then it is dealing. He received money and gratitude for provision of the drugs. Then it is dealing. Did he graciously supply copious quantities of drugs totally free? Then it is dealing.

An Exchange has taken place, either that be monetary or otherwise and it is a transaction.

 

[Himedall All-seeing Waifu]

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?

As soon as it is filed in a court document...

 

[Friend of Dorothy Parker]

I don't see any particular reason they'd feel like consecutive terms, but we'll see if they bring up any new charges at the omnibus. If the prosecutor is going to go ham on him they could do stuff like adding four more neglect/abuse charges, a separate charge or charges for the cocaine exposure to the nine year old, etc. That would indicate a chance the prosecution would seek consecutive sentencing, or at the very least wants to put pressure on this dipshit to take a plea.

I would not be surprised to see more charges for pressure (and bc they are warranted). But there's a strong presumption of concurrence in mn, and consecutive sentences that aren't a departure are pretty limited, mostly involving escapes or new felonies while committed or in a stayed/supervised status and where the presumptive sentence is commitment (it can be done where presumptive is stayed but it's a partial departure). 2F 1 & 2 of the guidelines lay out the criteria for required and permissive consecutive sentencing.

Iirc all of the charges so far are technically eligible for permissive consecutive sentencing if other conditions are met though I'm not sure other conditions are met, which would mean at least some kind of departure, so unlikely. Plus, don't forget that keeping the family together is so strong a value that there's a whole standalone section on it in the criminal code:

609.38 STAYED SENTENCE.​

For any violation of section 609.255, subdivision 3, 609.377, or 609.378 for which the Sentencing Guidelines establish a presumptive executed sentence, the court may stay imposition or execution of the sentence if it finds that a stay is in the best interest of the complainant or the family unit and that the defendant is willing to participate in any necessary or appropriate treatment. In determining an appropriate sentence when there is a family relationship between the complainant and the defendant, the court shall be guided by the policy of preserving and strengthening the family unit whenever possible.

(609.378 is the neglect and endangerment statute. 609.377 is malicious punishment, and 609.255 3 is false imprisonment.)

 

[Maraschino]

As far as the law's concerned, yes it is.

If you have to deal with the knowledge that you sucked Nick's dick for coke, can you really call it free?

Suffah, April

 

[NSA Intern]

If you have to deal with the knowledge that you sucked Nick's dick for coke, can you really call it free?

Suffah, April

She misheard the legendary words; "I SUCK DICK FOR COCK"

 

[RodgerDodger]

Did he receive something in exchange? Then it is dealing. He received money and gratitude for provision of the drugs. Then it is dealing. Did he graciously supply copious quantities of drugs totally free? Then it is dealing.

An Exchange has taken place, either that be monetary or otherwise and it is a transaction.

I'm not sure that fucking April qualifies as something of value received in return for drugs. If anything it seems a net negative. Except perhaps regarding STD tests?

 

[Lubby Smith]

Minnesota defines "sell" to include any transfer of drugs from you to someone else, an offer/agreement to do so, possession with the intent to do so, as well as the manufacture of drugs. There is no requirement that anything whatsoever was received in exchange.

This makes sense because otherwise smart dealers could receive the money at a later time and use "I was giving it to my buddy for free" as a viable defense.

 

[ChromaQuack]

1. He will be given a plea deal that is reasonable and to his benefit to take. He does not have a criminal record so he will be offered a gracious exit from all this.

I could buy this before the child on coke revelations and his subsequent streams.

I think his chances of getting a plea deal are still high, I also think every time he opens his dumb mouth either this chance drops or the deal he will be offered gets less gracious.

What I'm trying to say is that you might be severely underestimating just how full tilt retarded Nicky can go in two months.

My hope/prediction is kids are gone forever, he gets fairly short suspended sentence which he proceeds to violate the terms of repeatedly (drugs, alcohol) but nothing will come of this because the justice system is lazy, this will then cause Nick's ego to swell to the size of the observable universe and explode in a big-bang of never seen before retardation.

 

[TETRABAX]

I could buy this before the child on coke revelations and his subsequent streams.

I think his chances of getting a plea deal are still high, I also think every time he opens his dumb mouth either this chance drops or the deal he will be offered gets less gracious.

What I'm trying to say is that you might be severely underestimating just how full tilt retarded Nicky can go in two months.

Aren't those 2 separate cases though? Will the child endangerment even be used as exacerbating circumstances or will it just be limited to the firearms?

 

[ChromaQuack]

Aren't those 2 separate cases though? Will the child endangerment even be used as exacerbating circumstances or will it just be limited to the firearms?

They are, and I have no idea if the prosecution in his drug case would consider stuff in the CPS one; his retard baby rage on stream isn't limited to one of his cases however, he seethes about all of them.

 

[thebigdream]

I could buy this before the child on coke revelations and his subsequent streams.

I think his chances of getting a plea deal are still high, I also think every time he opens his dumb mouth either this chance drops or the deal he will be offered gets less gracious.

What I'm trying to say is that you might be severely underestimating just how full tilt retarded Nicky can go in two months.

My hope/prediction is kids are gone forever, he gets fairly short suspended sentence which he proceeds to violate the terms of repeatedly (drugs, alcohol) but nothing will come of this because the justice system is lazy, this will then cause Nick's ego to swell to the size of the observable universe and explode in a big-bang of never seen before retardation.

Even in the sad event that Nick gets a slap on the wrist, God only knows what this episode has done to his fragile ego. He's going to take his Mustang to do burnouts on the interstate waving a cowboy hat out the window in no time. Or even better, on a motorbike This won't be his last interaction with the law by any means.

 

[Swole McPole]

Did he receive something in exchange? Then it is dealing. He received money and gratitude for provision of the drugs. Then it is dealing. Did he graciously supply copious quantities of drugs totally free? Then it is dealing.

I dunno about the USA but our laws here are really concerned with possession and supply. You don't need to recieve anything to be guilty of supply, you just have to transfer (or have the intention to transfer) the drugs to somebody else. Anything that's not personal use is generally supply.

 

[the_hidden_one]

I can't see a scenario where Nick doesn't go to prison. If you look up websites if Minnesota lawyers that specialize in drug cases, when they say you could get probation or something for a first offense, that is always related to simple possession of under 3 grams. 25+ grams puts you in the upper tiers of felony possession charges.

Minnesota also has some of the harshest drug possession sentencing guidelines in the country. Nick may not get the full 30 years, but he's going to have to do some sort of time. There's no way he gets off with a slap on the wrist.

 

[Himedall All-seeing Waifu]

I can't see a scenario where Nick doesn't go to prison. If you look up websites if Minnesota lawyers that specialize in drug cases, when they say you could get probation or something for a first offense, that is always related to simple possession of under 3 grams. 25+ grams puts you in the upper tiers of felony possession charges.

Minnesota also has some of the harshest drug possession sentencing guidelines in the country. Nick may not get the full 30 years, but he's going to have to do some sort of time. There's no way he gets off with a slap on the wrist.

Look at the actual sentence guidelines posted on the PREVIOUS page. There are links to the current rules for 2nd degree crimes.

Also, before anyone comes up with retarded theories, no, if the rules change between now and sentencing, he will NOT be sentenced under harsher guidelines. It is in the rules that you are charged under what was in effect at the time of the offense.

The ONLY way this gets worse is if they ADD or UPGRADE charges.

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

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:

View attachment 6114826

'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.