Thursday, March 5, 2015

Impressive Criminal Record and Rarely Gets the Time

Fatal Crash 19 Aug 2014 
The 100 Days Before Brazeal Fatally Hit Strader
There was a bench warrant out for Joshua Jay Brazeal on 14 May 2014.  He was booked on 3 June 2014. Once again Brazeal ignored authority, knowing the laws have proven to be kind to him (of course that’s my interpretation, he did not say that.)  His bond was set for $500, and he was released 10 days later for “failure to appear.” 

In less than 100 days he once again engaged in a well-rehearsed dance with the police and justice system that began in 2002. As had become a practice, Brazeal was able to play his cards, and even in the case of manslaughter of Geraldine Strader, he wiggled out a sweet and lenient plea of only 36 months.

The Prosecutor's Role
Brazeal’s impressive police report was inconsequential to the Prosecutor Shawn Boyd, of the Wyandotte County District Court. Assistant District Attorney Boyd found no reason to charge Brazeal for the stolen vehicle reported 3 ways: 1) at the scene of the crime: police rept #2014082134;  2) Stolen Vehicle report #2014081951 as submitted by the owner of the late model Cadillac: Michael Wabs and Delores Backhus; 3) as reported to Shelter Insurance, according to the claims letter/information forwarded to me by Shelter Insurance.

Boyd has mastered turning a blind-eye on this case. When the police got to the scene of the crime, Brazeal had ran and was later found at a KCMO hospital - would that not be fleeing the scene of a crime? Exact wording on police report “fled the scene on foot.”  The police report also states he “failed to yield.”  Is that no longer against the law? He was driving on suspended license. When did this become ok? Yet this charge was removed  late January 2015. Is it ok for everyone to drive without license or on suspended license, or was there another reason this one was dropped?  I’m imagining it helped reduce the maximum possible months that Brazeal could be sentenced. 

Brazeal apparently was favored on other charges too. The police report refers to “traveling at a high rate of speed.” But was there even a speeding ticket issued? The District Attorney even mentioned a seatbelt violation, wondering if that made the short list of offenses that warranted a ticket?

How Does He Do It?
So what should be learned here is how does Brazeal do it? How does one get a negotiated plea bargain of 36 months that has left others years in prison for decades?  So I turned to public records criminal history. 

(Note: I’m just summarizing the records below to the best of my ability, as they read to me. I’m not judging or authenticating these easily accessible public records. Each repository has a disclaimer that the offender can dispute, and so it is on this blog post. I welcome comments / correction from all of those named in the public records and proceedings and/or to my interpretations.)

History 2002 - 2007 Criminal Record
It begins in 2002 with a misdemeanor Class B Criminal Trespass charge.  Brazeal was only sixteen years old. He started small and yet in less than 12 years has has reached the pinnacle of killing someone.  Thanks to the aide of  laissez-faire Prosecutors and lenient sentencings he has earned “street cred” status I assume.

I’ll spare you from the charges of Brazeals pleathora of arrests between 2004 - 2007, but they seem to run the gamut from forgery, the 2004 bad check that was dismissed by prosecutor (JoCo) burglary; attempted criminal threat: 9th degree felony dismissed by prosecutor (JoCo)…oh and there were more!

Mastering Prosecutor Negotiations and More Criminal Charges
But, let’s fast forward to 2008.  It is this year that Brazeal seemed to develop a relationship, or improved his negotiating skills with Kansas Prosecutors. Between 2008 - 2009 there are drug charges to include a meth possession. There were also two 1st felony possession charges in JOCO (is it possible to have two firsts?) both considered 4th degree felonies.  There’s also a case where a $25K bond was set, but it was rather secret I’m assuming. The arrest offense states “NOT SPECIFIED.”

Brazeal has managed to serve little if any time for offenses that what others spend years serving. But it seems it has something to do with his negotiation skills with the Kansas prosecutors. The following crimes were dismissed by Kansas prosecutors: intending to terrorize, drug possession; 9th degree theft felony; and a fifth degree felony of aggravated burglary. All dismissed by prosecutors (and that is not the comprehensive list.)

Brazeal is not unfamiliar with being sentenced though: It did appear that his earliest drug possession, earned him a sentencing of 360 days in jail and again in 2009 he was convicted of 270 days of confinement (is that the ankle bracelet – have no idea?). For a 2009 1st offense felony of drugs, (because once again, he gets two first offenses, or am I reading that wrong?) and felony burglary, he was sentenced for 28 months to prison.

I have no idea if he actually served any of that time.
Guess I’d have to pull the files for details.

Bourbon County, KS  had their own criminal folder for Brazeal. It includes a 6 month sentencing (that appears to be reduced to probation for 12 months) in July 2013. And as if you couldn’t guess, his rehabilitation did not stick, because in Feb 2014, he was sentenced to another 18 month probation  for criminal possession of “weapon by felon; weapon used in a crime. “

Who Negotiates for the Victim?

Brazeal was also in possession of a firearm on 19 August 2015, on that fatal day. The last for Geraldine Strader - the victim? So who negotiates for the Victim? 

Kathleen Strader
stradercom@aol.com

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