Like clock work I call the probation department in March to check on the defendants progress. I don't call because I care about him it's due to my knowledge of his background. I know he will mess up and when he does I will be here to say, "he needs more jail time." Society is not safe from people like him..how long do we have to put up with people who think they can do what they want and not obey the laws of the land?
So, I call the probation officer Paul A. at the Santa Clara County Probation department to find out the status. I get the voice mail and leave a message for him to call....around 30 minutes later I receive a return phone call from the probation officer Paul and he thanked me for calling and said, "Oh, I'm glad you called because I want you to know that he is back in custody." I asked him what he did and his response was this....Well, he received a DUI..the report said he was driving and apparently was so drunk he passed out while driving. I was also told that he was kicked out of his Domestic Violence class and had issues with his alcohol program. I just don't understand why he is getting so many chances.
I was informed of the court date and of course I said I would read a victim statement. I informed everyone that I would be at court so expect me. I'm sitting in the court room and it's filled with people..the District Attorney calls me to the front to let me know what's going on... I informed him again that I will be speaking so he better not forget because I will interrupt the court...He advised me not to do that and I advised him that he better not forget...if that happens we should be good! An hour or so sitting in the Santa Clara Superior court house I hear some chains clinking...I look up and see all these men chained together and hand cuffed....I see him walk in...I see him take a quick glance around the room and he sees me..He's trying not to look and sits just looking forward. When I heard the defendants name called...the case of Benny H. Jr. I felt a little nervous...I walk up to the podium and introduce myself and start reading my victim Statement...I state that he is a threat to society, community and everyone around him. I respectfully ask the judge to sentence him to prison because that's where he needs to be. I said a lot of other things as well...(victim statement will be posted separately) I have no mercy for someone who does not want to do right. He continues to violate his probation and could careless about getting help. If he is not forced to get help then he will end up killing others or himself.
After I read the victim statement the judge thanked me for having the courage to come forward. The judge, probation department, District Attorney, and the public defender start talking about the sentence. They all pretty much shut the public defender down and the judge says it sounds like the defendant needs to have a 3 year sentence. The public defender says 2 years and they ask me!! I said 3 years. The judge says he needs to read the entire case and the public defender also says he needs to do the same in order to determine if this is a 3 years sentence which he is really leaning towards.
The court in continued.... we leave.
I was so embarrassed and ashamed of my story. It took me 1 year and 6 months for the courage and strength to share my story. I don't want another person to face the challenges my kids and I had to face. The attack was horrific and life changing. We had to fight for protection. Changes need to be made quickly. Please read my story and share. God Bless you!
About Me
- Domestic Violence; My Journey to be the Victor
- San Diego, California, United States
- My story of how a beautiful relationship ended due to a Domestic Violence incident on April 18, 2009 in San Jose, CA at the Holiday Inn.
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