Ishmael Salahud-Din
Posted on 07/12/2004 3:59:32 PM PDT by SwinneySwitch
The man accused of shooting three police officers at an apartment complex in November complained to a judge today when she postponed his trial.
"It’s been eight months, judge," Ishmael Salahud-Din said as he stood at the judge’s bench next to his lawyer. "I don’t see any reason for a continuance."
Twenty-eighth District Court Judge Nanette Hasette told Salahud-Din, 22, there would be no more continuances in his case. She noted he had been in jail for 232 days without a trial. A court date was not set today.
His attorney, Scott McCrum, and Nueces County District Attorney Carlos Valdez each said they were waiting on ballistic evidence.
"Obviously, he doesn’t like sitting in there in limbo," McCrum said after his client was led away. "But without the evidence, there is no way for either of us to proceed."
Valdez said 150 pieces of evidence need to be examined.
"This particular case has more ballistic evidence that has to be tested than any case I can remember," Valdez said.
Valdez was not in court today, but he will be prosecuting the case. He has not prosecuted a case since the election code violation matter against the Kingsville police association in October 2003.
"I think some very important public issues are involved," Valdez said. "I don’t think people should go around shooting at police officers and get away with it."
Salahud-Din was indicted in December on five counts of attempted capital murder, one count of felony escape and one count of felony possession of cocaine with intent to distribute in connection with the shootings last year.
If convicted, Salahud-Din could face five to 99 years or life in prison and a fine as large as $10,000 for each charge of attempted capital murder, and two to 20 years in prison and a fine as large as $10,000 on both the escape and possession charges, authorities said. Salahud-Din has pleaded not guilty.
Police said Salahud-Din was handcuffed but pulled free and escaped a police cruiser by kicking out the back window. He was arrested near the corner at Schanen Boulevard and Weber Road on Nov. 16. Police alleged he ran to the trunk of his vehicle, retrieved a .40-caliber Glock semi-automatic pistol and opened fire on police. Officers returned fire, shooting Salahud-Din twice in the leg, officials said.
Police officers Jose Smith, Phillip Bintliff and Israel Carasco were also each shot. All three officers are back on the force, Assistant Police Chief Ken Bung said. Carrasco and Smith have been assigned to limited duty, and Bintliff has returned to his position in the Uniform Division.
As Salahud-Din walked from the courtroom to go back to jail, he yelled to a family member to get him all the numbers for the local news media.
Contact Tim Eaton at 886-3794 or eatont@caller.com
Ishmael Salahud-Din
Good Lord,I was just about to have dinner and you spoiled my appetite.
See there is the problem. Someone shooting at me ? and I aim for their leg ? Lesson learned , I hope .
Ishmael Salahud-Din Ping!
Ishmael Salahud-Din Ping!
Is this person currently serving time for any crime of which he has been convicted? If so, I don't see too much cause for complaint, but if he hasn't yet been convicted of anything it would seem something's not right.
What the [bleep] is the delay?
Oh, gee , let him out on a personal recognizance bond...
"Salahud-Din was indicted in December on five counts of attempted capital murder, one count of felony escape and one count of felony possession of cocaine with intent to distribute in connection with the shootings last year."
He probably doesn't have enough bail money!
That's most likely true, but I don't see how that excuses keeping someone locked up nine months without trial.
Because it would seem like several of the charges are for legally-independent crimes, I see no reason the state shouldn't schedule for trial some of the charges for which it has ample evidence at hand and for which a conviction is reasonably certain; if he's convicted of such crimes, then he could serve sentence while awaiting trial on the rest.
I must confess to being confused, though: why should it take nine months to process ballistic evidence for trial? What do they have to do--start by prospecting for a lead mine?
Part of the reason may be that the accused has the right to be tried on all known charges at the same time and, if he objects to going to court on just some of the charges, the government cannot force him to do so. This is supposedly to prevent the situation where, when charged with three offenses, the government proceeds with one, gets a conviction, and then, during the sentencing proceedings on the next offense, can argue, "Well, look, he's already a convicted felon. He has a previous conviction and should be punished more severely as a habitual criminal."
Also, with the three-strikes-and-you're-out laws, you could go from no criminal record to life imprisonment as a habitual criminal over just three offenses, if they're prosecuted separately.
At least, that, I understand, is the logic behind the rule of trying all known offenses at the same time, unless the accused waives his rights against it.
I believe this is the same case where, when reported before on another thread, his sister or cousin (I was never sure which) came on and started defending him. I wonder if she'll grace us with her presence again.
This is the thread. I pinged BAHIRA, but she, or they, haven't posted anything since 06/16/2004.
http://www.freerepublic.com/focus/f-news/1056570/posts
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