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Rape charges dismissed; Man freed from jail, then deported

 

Rape charges against a Hispanic man who spoke little English were thrown out Thursday after several problems with the prosecution’s case and investigation arose in a magistrate court hearing.

Chief Magistrate Judge Allen Wigington ruled that Benjamin Chavez, 56, should be released due to lack of probable cause. Wigington said from the bench that probable cause is a very low threshold to meet, but in this case they had failed. Probable cause is based on a what a reasonable person would consider ample proof that a crime had occurred. 

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pinto colvig
+4 #1 pinto colvig 2017-12-11 17:46
Why the heck is a magistrate judge able to make such a determination?? ?? Magistrate court is for small claims (private damages up to $15,000) whereas rape is a felony! Looks like Judge Allen has overstepped his bounds and qualifications
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youre wrong
+4 #2 youre wrong 2017-12-19 12:10
Sorry to buzz kill you, Pinto, but that court also presides over these type of cases. They also issue warrants (search, arrest, etc.). It's GA law. I'm just surprised the judge, A NON-LAWYER, FORMER COP, ruled that way.
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pinto colvig
+4 #3 pinto colvig 2017-12-20 13:44
Quoting youre wrong:
Sorry to buzz kill you, Pinto, but that court also presides over these type of cases. They also issue warrants (search, arrest, etc.). It's GA law. I'm just surprised the judge, A NON-LAWYER, FORMER COP, ruled that way.


That is indeed disheartening that someone with such low skills, experience and qualifications is able to make such a determination that could impact the suspect and victim for the rest of their lives...
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