Porn star Christy Mackk tells tale/posts photos of beating by ex bf/MMA fighter

Aardvark154

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Wait a second, didn't this attack take place in Nevada rather than California?

If so the Habitual Criminals provision of Nevada Revised Statutes § 207.010 applies in which case he is liable to being sentenced as an Habitual Criminal.

This depending upon whether he has been previously convicted of two felonies or three prior felonies would lead to him being punished by a sentence of 5 to 20 years in prison in the case of two prior felony convictions. Or if he has been convicted of three previous felonies, then he may be sentenced to between 25 years (with the possibility of parole after 10 years) to life without the possibility of parole.

Nevada Revised Statutes § 207.010 Habitual criminals: Definition; punishment.

1.  Unless the person is prosecuted pursuant to NRS 207.012 or 207.014, a person convicted in this State of:

(a) Any felony, who has previously been two times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony is a habitual criminal and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years.

(b) Any felony, who has previously been three times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony is a habitual criminal and shall be punished for a category A felony by imprisonment in the state prison:

(1) For life without the possibility of parole;

(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

(3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

2.  It is within the discretion of the prosecuting attorney whether to include a count under this section in any information or file a notice of habitual criminality if an indictment is found. The trial judge may, at his or her discretion, dismiss a count under this section which is included in any indictment or information.
 

AdamH

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I think the thing that fucked me up most about this was I was just jacking off to her vids the day before this happened.. Which is unusual because I normally don't go for the heavily tattooed girls, but a particular video caught my eye and I went on a Christy Mack craze for about an hour..
 

mandrill

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Wait a second, didn't this attack take place in Nevada rather than California?

If so the Habitual Criminals provision of Nevada Revised Statutes § 207.010 applies in which case he is liable to being sentenced as an Habitual Criminal.

This depending upon whether he has been previously convicted of two felonies or three prior felonies would lead to him being punished by a sentence of 5 to 20 years in prison in the case of two prior felony convictions. Or if he has been convicted of three previous felonies, then he may be sentenced to between 25 years (with the possibility of parole after 10 years) to life without the possibility of parole.
Here is a reprint of his criminal record, according to Wiki. In August 2010, he certainly received a felony sentence. The sentence in February 2012 appears to a felony because of the length of time awarded. (I assume that US jurisdictions have a similar rule to Canada and misdemeanours / summary offences are ceiling-ed at 6 months of imprisonment.)

So I am guessing that he has at least two felony convictions.

The issue is that he will be sentenced to at least 2 more for the beatings, as there is little or no possibility that the State will drop either of 2 such serious assaults which are also easy to prove. I assume that his attorney will plead to both at the same time to avoid the effect of a "3 prior" hit, as opposed to a "2 prior" hit under the habitual offender provision.

Any comments from Aardvark or other lawyers?


Assault convictions

Koppenhaver has been arrested and convicted numerous times for violent offences.

On September 2, 2007, he was found guilty of striking a Las Vegas man in the face and choking him unconscious during a parking lot scuffle.[34] In February, 2008, he was sentenced to three years of probation and 30 days of community service, avoiding the possible felony charge and accompanying prison time.[34]

On February 22, 2008, Koppenhaver plead guilty to a misdemeanor charge of assault and battery, and was fine and sentenced to probation.[35]

In August, 2010, Koppenhaver was sentenced to one year in the county jail for a felony assault conviction stemming from a fight at a Point Loma bar earlier in the year, as well as an additional fight at a Pacific Beach bar.[36][37] He was imprisoned in the San Diego's George Bailey Detention Facility and served time in administrative segregation.[38]

After going to jail, Koppenhaver maintained his Twitter account as well as a blog documenting his time in jail. In this blog, he stated that "The oppression of MEN is worse than oppression of Jews in Nazi Germany, worse than the slavery of Blacks in early America... I'm not exaggerating either."[39] Koppenhaver also described how he was sent into administrative segregation due to jail policy violations but decided to voluntarily remain there until the end of his sentence.[40] Koppenhaver was released from incarceration on July 15, 2011.[41]

On February 1, 2012, it was announced via Koppenhaver's Twitter that he will be serving another year of jail time, due to preceding events. He was released on October 29, 2012.[42]

 

Ceiling Cat

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These guys are all hopped up on steroids.
 

Aardvark154

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Assault convictions

Koppenhaver has been arrested and convicted numerous times for violent offences.

On September 2, 2007, he was found guilty of striking a Las Vegas man in the face and choking him unconscious during a parking lot scuffle.[34] In February, 2008, he was sentenced to three years of probation and 30 days of community service, avoiding the possible felony charge and accompanying prison time.[34]

On February 22, 2008, Koppenhaver plead guilty to a misdemeanor charge of assault and battery, and was fine and sentenced to probation.[35]

In August, 2010, Koppenhaver was sentenced to one year in the county jail for a felony assault conviction stemming from a fight at a Point Loma bar earlier in the year, as well as an additional fight at a Pacific Beach bar.[36][37] He was imprisoned in the San Diego's George Bailey Detention Facility and served time in administrative segregation.[38]

After going to jail, Koppenhaver maintained his Twitter account as well as a blog documenting his time in jail. In this blog, he stated that "The oppression of MEN is worse than oppression of Jews in Nazi Germany, worse than the slavery of Blacks in early America... I'm not exaggerating either."[39] Koppenhaver also described how he was sent into administrative segregation due to jail policy violations but decided to voluntarily remain there until the end of his sentence.[40] Koppenhaver was released from incarceration on July 15, 2011.[41]

On February 1, 2012, it was announced via Koppenhaver's Twitter that he will be serving another year of jail time, due to preceding events. He was released on October 29, 2012.[42] (I'm presuming this was added time rather than an additional conviction)

That actually looks like but one felony conviction.


However, if it is proved that indeed he broke 18 of Christy Mack's bones, her nose, knocked out some of her teeth, fractured a rib and ruptured her liver, and also attempted to rape her. He is most definitely going away for some time.

Besides the attempted Rape, that looks to me to be Felony Battery under Nevada Revised Statutes § 200.481 (2)(g)(2) a Class B Felony in Nevada

"Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years."

Substantial bodily harm is defined in Nevada as: an injury which carries a substantial risk of death, injury resulting in loss or protracted impairment of a bodily organ or limb, or injury that causes prolonged pain (significantly longer than the pain immediately caused by the injury).

From what I've read it would seem that her injuries would count as "substantial bodily harm."
 

mandrill

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That actually looks like but one felony conviction.
I'm not familiar with "added time" as we do not have it up here. If so, then just 1 felony is shown. As Koppenhaver is 32(?) and the list only goes back 7 years, I am guessing there is more stuff. Violent, badly-behaved men are rarely better-behaved in their early twenties than later in life.

My other question, if he gets convicted on TWO felonies on 1 single plea appearance for the double beatings, will the second conviction to be entered trigger the "2 prior convictions" rule? Adding in of course the 2010 conviction.
 

Aardvark154

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I'm not familiar with "added time" as we do not have it up here. If so, then just 1 felony is shown. As Koppenhaver is 32(?) and the list only goes back 7 years, I am guessing there is more stuff. Violent, badly-behaved men are rarely better-behaved in their early twenties than later in life.

My other question, if he gets convicted on TWO felonies on 1 single plea appearance for the double beatings, will the second conviction to be entered trigger the "2 prior convictions" rule? Adding in of course the 2010 conviction.
I don't believe it would if they stem from the same incident.
 

mandrill

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That actually looks like but one felony conviction.


However, if it is proved that indeed he broke 18 of Christy Mack's bones, her nose, knocked out some of her teeth, fractured a rib and ruptured her liver, and also attempted to rape her. He is most definitely going away for some time.

Besides the attempted Rape, that looks to me to be Felony Battery under Nevada Revised Statutes § 200.481 (2)(g)(2) a Class B Felony in Nevada

"Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years."

Substantial bodily harm is defined in Nevada as: an injury which carries a substantial risk of death, injury resulting in loss or protracted impairment of a bodily organ or limb, or injury that causes prolonged pain (significantly longer than the pain immediately caused by the injury).

From what I've read it would seem that her injuries would count as "substantial bodily harm."
It certainly would be under Canadian law.

My guess would be that he would get somewhere in the range of 5 years each assault (victim), served consecutively (total 10 years) if it occurred in Ontario. But since I'm a divorce lawyer, I can be way off in my guesses.

I would also think that Nevada hits harder than California as a rule.
 

Aardvark154

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What is "added time" as referred to in your post a little ways above?
Bad conduct in prison, and/or as I suspect is the case here, you violate probation or parole and are sent back to serve out your full sentence or part thereof.
 

Aardvark154

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It certainly would be under Canadian law.

My guess would be that he would get somewhere in the range of 5 years each assault (victim), served consecutively (total 10 years) if it occurred in Ontario. But since I'm a divorce lawyer, I can be way off in my guesses.

I would also think that Nevada hits harder than California as a rule.
I might be wrong, but given the aggravated nature of the assault (Battery) I'd speculate closer to 15 years.
 

GPIDEAL

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Jun 27, 2010
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Nobody but WM's fault. Nobody led him on either. A "good guy" would have walked away from this train wreck a long time ago. Like someone said up the thread, that's the "good person" response. But Mack would not be with a good guy, they would most likely reject each other like oil and water.

But people who love drama, the thrill of excitement of being with a "King" or a "Bad Bitch", partner up with the first bad boy/girl who comes along, well, they do set up their karmic fate to end poorly.

Let God sort 'em out till the justice system has to step in. Thank God there's no children here who would grow up to be serial killers or wife beaters or fucked up chicks in their own right.

I know of a nice bank teller who probably would sleep with an MMA fighter (especially GSP).
 

mandrill

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I know of a nice bank teller who probably would sleep with an MMA fighter (especially GSP).
Are you coming out of the closet then, GP?
 

mandrill

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Bad conduct in prison, and/or as I suspect is the case here, you violate probation or parole and are sent back to serve out your full sentence or part thereof.
Ah, got it. Up here, the judge awards the full hit up front, but the Parole Board can remit a certain proportion as parole at a parole hearing as the sentence is served out. I guess in the US, it's the classic "12 to 15 years" for instance that you hear on US cop shows.
 

Aardvark154

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Ah, got it. Up here, the judge awards the full hit up front, but the Parole Board can remit a certain proportion as parole at a parole hearing as the sentence is served out. I guess in the US, it's the classic "12 to 15 years" for instance that you hear on US cop shows.
This is the sentenced to 20, serve 11 are placed on probation, act like a jerk go back to court for a probation revocation hearing and are sent back for anywhere between another couple of months to the full remaining nine years.
 

mandrill

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Maybe 1, 2, 3 years max....
Aardvark and I are both attorneys. I guessed 10 years and he guessed closer to 15 years. Posted above.
 

danmand

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Aardvark and I are both attorneys. I guessed 10 years and he guessed closer to 15 years. Posted above.
Oh boy, who to believe??
 
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