Posted on 03/07/2018 7:47:50 AM PST by Mount Athos
Sean Donis’s wife, Nancy Donis, 38, said she was going to dinner. Donis stayed behind to watch their 5-year-old son. When he couldn’t find his iPad, he turned on the Find My iPhone app to locate it.
The software showed the electronic device moving toward an unknown location; he had a hunch that his wife had taken it, and he decided to follow. He arrived at a house and opened the unlocked door. On the second floor, he found his wife in bed with her boss, Albert Lopez, 58. With his iPhone, he recorded two brief videos of them in bed.
The New Jersey man got a letter last July informing him that a grand jury had indicted him on charges of felony burglary and unlawful surveillance for the April 2016 incident.
Donis’s wife worked for Lopez as the billing manager for his orthopedics practice.
Lopez said he was so desperate to get the enraged husband out of his home that he asked Donis “if he wanted to die.”
“Kill me. I don’t care,” he said the desperate husband responded.
Lopez also noted that Donis’s wife said they were separated, and he thought Donis was out of the picture.
The husband’s lawyer, Howard Greenberg, told jurors that the husband actually “deserves a medal,” not a prison sentence, for uncovering his wife’s unfaithfulness without physically harming his rival.
However, despite the fact that Lopez slept with Donis’s wife, prosecutor Nabeela Mcleod asserted that Lopez was a victim — a victim of Donis’s breaking and entering his home and recording him and Donis’s wife without their consent (Donis shared the videos with his wife’s relatives). He now faces a possible maximum sentence of 15 years in prison.
(Excerpt) Read more at yahoo.com ...
The “event” actually happened in NY. She crossed state lines to be with her boss.
The “event” actually happened in NY. She crossed state lines to be with her boss.
If nothing was taken, how do they get to felony burglary? Trespass I can see, but burglary? Seems excessive charging to me.
Unlocked door is NOT breaking and entering. Trespassing at the worst.
First, I have never been in that position before, so I can’t say what I would have done. I do know that I have been plenty angry for something as simple as a clogged septic tank that I started tossing small furniture. But I’m not proud of it.
It’s a tough call. I doubt the guy will get the book thrown at him.
Since you mentioned me in your post, I will comment.
1) Don’t assume that I have not had this happen to me or some similar situation.
2) Maybe the husband should take an insanity plea, if he was so filled with rage, as to be unable to keep himself from entering the guy’s house and taking videos.
3) If the guy/employer should face some criminal charges, what should they be? Do these laws exist in the jurisdiction? I think the employer was Lopez, not the husband. Yes, Lopez may have been legally justified to shoot the husband, for breaking into his home.
4) Same for the wife - if there is a law for intentional destruction of a family unit, maybe the husband should push for the DA to charge her with this.
If the husband ends up with a jury trial and sympathetic jurors, then so be it. I do not think that what he did necessarily merits a prison term, and certainly not 15 years.
Overview of New York Burglary Laws
A person is guilty of committing burglary in the third degree - the least of the burglary offenses - when he or she “knowingly enters or remains unlawfully” in a building with the intent to commit a crime therein. “Entry” of a building occurs when a person intrudes within a building, no matter how slightly, with any part of his or her body.
Examples of Entry
Examples of entry include crossing the threshold of a building or reaching an arm through a window. Section 140 of the New York Penal Code states that a person enters or remains on a premises “unlawfully” when he or she “is not licensed or privileged to do so”; the entry need not be forcible in nature.
All burglaries in New York State are felonies. The unlawful surveillance charge is what elevates the crime to burglary, because he had intent to take video of his wife caught in the act.
If he is a white man it’s all over for him. White men have no rights.
In North Carolina the husband can sue the boss and win...
What about Jersey?
You enter a man’s house, you can get your head blown off.
these bumpkin southerners here want it one way when they like and another when they like.
We do need SOME intellectuals, and since that region offers none, the north is at least good for something.
LOL!!!....I was referring to the ‘Real Housewives’!...................
Yeah, I get more and more shocked by the idiotic responses on this board.
Any other thread, they’d be yelling, “IF THE OWNER HAD A GUN HE’D BE DEAD!!! AND THAT WOULD BE GOOD!!!!”
Dolts.
I've thought you were a troll practically since you signed up, now you've removed all doubt.
“We do need SOME intellectuals, and since that region offers none, the north is at least good for something.”
Bad choice of words,dp,bad choice.
.
There was a day when finding your wife with another man and killing either or both was considered justifiable homicide.
Later, when the laws changed and eliminated this, there was still civil court where a defrauded spouse could get monetary damages for alienation of affection.
Now it appears you can be punished for insisting that your spouse not cheat.
Adultery is a form of sexual assault perpetrated by a person who is in a position of great trust and another scoundrel who disregards this trust. When a spouse cheats, the other spouse becomes sexually exposed to a third party and is at risk of disease along with the emotional and psychological damage caused.
This is why one of the ten commandments is a prohibition against adultery. And adultery in the Old and New Testaments is listed as a capital crime.
Jury nullification is warranted here and, quite frankly, even when an adulterer is killed due to a fit of rage by the betrayed spouse.
He was OK with that. It was almost Death Wish VI. But I suspect he wasn't OK with a 15-year slide in the slammer. Time for a bit of mitigating judicial discretion, I think.
Obvious jump to a wrong conclusion! Obviously, you say? I've now been amateurishly psychoanalyzed via the internet?
No. The predator boss was entitled to shoot the intruding cuckold (who, by the way, was willing for that to happen, by his own admission).
It's just that I have some empathy for the loser here.
He’s one ugly s.o.b., but NOT GUILTY.
“He was OK with that. It was almost Death Wish VI. But I suspect he wasn’t OK with a 15-year slide in the slammer. Time for a bit of mitigating judicial discretion, I think.”
Sadly you don’t get to pick the punishment you will get... Don’t do the crime, if you don’t want to do the crime.
My assumption would be, even if the 15 year sentence holds, he’ll be out on parole in a few years, assuming he doesn’t get into trouble in prison.
I know divorce, and the process around it puts men (and women) in very bad mental places... but it still doesn’t absolve them of the responsibility for the bad decisions they make.
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