The Whistler Posted October 20, 2009 Share Posted October 20, 2009 Ok, nice post and all but aren't you going just a little far there? Should be banned. Quote Link to comment Share on other sites More sharing options...
Gopherguy33 Posted October 20, 2009 Share Posted October 20, 2009 Ok, nice post and all but aren't you going just a little far there? I believe he was referring to my WCHA fantasy hockey team.... Good to hear from you Mafia. Hope all is well. Quote Link to comment Share on other sites More sharing options...
SiouxFan_2121 Posted October 20, 2009 Share Posted October 20, 2009 The media reported that Chwialkowski appeared in GF on a charge of agg assault, but unless they are having computer problems the only thing on his record is a speeding ticket. The only account of the incident I have read is from someone who was not there. It sounds like neither of these two are the type to be involved in this sort of behavior. I am sure alcohol is a contributing factor. I am sure there are two sides to the story and the truth will likely be somewhere in the middle. Eyewitnesses typically skew the facts in the favor of the side they know. One thing that appears certain is that Chwialkowski did not try to cause this type of injury. Had Smith not fallen the way he did this would be a case of B misdemeanor simple assault and probably would not have made the news. The reason he fell was because Chwialkowski did punch him. Making the news or not......I hope he gets all he has coming to him and more. Jason is not someone who would start a fight, whether there is alcohol in his system or not. My guess is that this is not Mr. Chwialkowski's first time throwing a closed hand at someone. (just my opinion) Get well soon Jason, we miss you! Quote Link to comment Share on other sites More sharing options...
jloos Posted October 20, 2009 Share Posted October 20, 2009 I was not trying to minimize the seriousness of the situation. However, Chwialkowski has never been arrested in ND or MN for anything prior to this incident (assuming he has not changed his name). Quote Link to comment Share on other sites More sharing options...
canadsioux Posted October 21, 2009 Share Posted October 21, 2009 I was not trying to minimize the seriousness of the situation. However, Chwialkowski has never been arrested in ND or MN for anything prior to this incident (assuming he has not changed his name). Holy crap, anyone making excuses for this meatball needs their head red. First off, friendly jabbing at each others team happens all the time without incident. This Chwialkowski took it to a new level striking a guy who was non-violently sticking up for his brother on crutches. We've all felt the urge to give it to someone yet refrained because we are not retarted. Secondly, the only account of the incident has come from Jasons father because nothing good can come from the Chwialkowski camp. He F*(Ked up bad here and everyone knows it. What can be said? Lastly, this meatball has to be punished to the full extent otherwise this crap will continue to occur. Why has it become the norm to read about an incident like this in Grand Forks over the last few years? Seriously, put this guy away for a while. I dont care if your Clark f*&cking Kent, no one with plates and screws in their head ever fully recovers. All the best to Jason and his family!! Quote Link to comment Share on other sites More sharing options...
dagies Posted October 21, 2009 Share Posted October 21, 2009 I believe he was referring to my WCHA fantasy hockey team.... Good to hear from you Mafia. Hope all is well. Ok, that can be overlooked! Quote Link to comment Share on other sites More sharing options...
BringDeanBack Posted October 21, 2009 Share Posted October 21, 2009 I was not trying to minimize the seriousness of the situation. However, Chwialkowski has never been arrested in ND or MN for anything prior to this incident (assuming he has not changed his name). Well, if you are basing it off the statewide court checks that are available for both states, maybe. But those checks are very flawed. The info on those sites is only as good as each reporting county. In other words, if a county isn't the best at uploading the info, you get garbage in garbage out. Also, as I am sure you are very aware, the court checks don't take into account deferred imposition type situations. You can do just about anything wrong these days, get an attorney to pull some strings, do a little community service, and bam, the charge disappears off your court record in one or two years. Not saying that this is the case in this particular situation though. Quote Link to comment Share on other sites More sharing options...
The Whistler Posted October 21, 2009 Share Posted October 21, 2009 Holy crap, anyone making excuses for this meatball needs their head red. First off, friendly jabbing at each others team happens all the time without incident. This Chwialkowski took it to a new level striking a guy who was non-violently sticking up for his brother on crutches. It's significant that he wasn't part of the confrontation between the crutch pusher and Jason's brother. He had no reason to think that he was in danger. He just took a cheap shot from behind. Seriously, put this guy away for a while. Yep, this was pretty close to a second degree murder case. Quote Link to comment Share on other sites More sharing options...
jloos Posted October 21, 2009 Share Posted October 21, 2009 Well, if you are basing it off the statewide court checks that are available for both states, maybe. But those checks are very flawed. The info on those sites is only as good as each reporting county. In other words, if a county isn't the best at uploading the info, you get garbage in garbage out. Also, as I am sure you are very aware, the court checks don't take into account deferred imposition type situations. You can do just about anything wrong these days, get an attorney to pull some strings, do a little community service, and bam, the charge disappears off your court record in one or two years. Not saying that this is the case in this particular situation though. This is not correct. You could be acquitted and it would still show up - the public records search is for court records, not criminal convictions. A deferred imposition of sentence is still a conviction anyway - the public perception about these is very mistaken. In MN they have deferred prosecution, which is completely different. I am not sticking up for the suspect, just saying all of the facts are not out there. I will hold off carrying the pitchfork and torch. Quote Link to comment Share on other sites More sharing options...
The Whistler Posted October 21, 2009 Share Posted October 21, 2009 I am not sticking up for the suspect, just saying all of the facts are not out there. I will hold off carrying the pitchfork and torch. Doesn't your cell phone have a torch app? I'll make it clear the thug deserves his day in court. There are plenty of witnesses and we've only heard from parties related to the victim. Apparently there were plenty of witnesses. The crutches brother said that a group of 8 or so bystanders kept the thug from leaving. Presumably they saw the incident. So yes, we wait for the trial, but I don't see any obligation to NOT discuss the incident with the facts that we do have. Quote Link to comment Share on other sites More sharing options...
jloos Posted October 21, 2009 Share Posted October 21, 2009 Doesn't your cell phone have a torch app? I'll make it clear the thug deserves his day in court. There are plenty of witnesses and we've only heard from parties related to the victim. Apparently there were plenty of witnesses. The crutches brother said that a group of 8 or so bystanders kept the thug from leaving. Presumably they saw the incident. So yes, we wait for the trial, but I don't see any obligation to NOT discuss the incident with the facts that we do have. I agree the facts that are out there support an Agg Assault charge and this guy should spend time in jail. I had not heard about the bystanders keeping him there - I thought the original story said he voluntarily stayed. Given the recent messed up investigation/prosecutions in GF it makes sense they are keeping tight lipped on this. Quote Link to comment Share on other sites More sharing options...
The Whistler Posted October 21, 2009 Share Posted October 21, 2009 I agree the facts that are out there support an Agg Assault charge and this guy should spend time in jail. I had not heard about the bystanders keeping him there - I thought the original story said he voluntarily stayed. Jason's brother on crutches said that 8 or so bystanders "corralled him" on the Mac Talk show Monday. I guess that doesn't mean the guy tried real hard to flee or anything like that. Quote Link to comment Share on other sites More sharing options...
BringDeanBack Posted October 21, 2009 Share Posted October 21, 2009 This is not correct. You could be acquitted and it would still show up - the public records search is for court records, not criminal convictions. A deferred imposition of sentence is still a conviction anyway - the public perception about these is very mistaken. In MN they have deferred prosecution, which is completely different. I am not sticking up for the suspect, just saying all of the facts are not out there. I will hold off carrying the pitchfork and torch. The whole point of getting these deferred impositions is that a person still is punished, but the final conviction won't be on their permanent record (i.e. Joe Landlord/Future Employer can't go do a court check and find the offense). Otherwise, why hire an attorney to get this type of deal if its still gonna appear on a public court record search??? Quote Link to comment Share on other sites More sharing options...
jloos Posted October 21, 2009 Share Posted October 21, 2009 The whole point of getting these deferred impositions is that a person still is punished, but the final conviction won't be on their permanent record (i.e. Joe Landlord/Future Employer can't go do a court check and find the offense). Otherwise, why hire an attorney to get this type of deal if its still gonna appear on a public court record search??? Exactly - you are wasting your time and money. I pasted an example below from when most of my high school class received minors (I did as well but was only 17). As you can see 13 years later the deferred imposition of sentence still shows up. I XXXX'd out my friends name, but it appears on the public search. STATE OF NORTH DAKOTA vs XXXXXXXXXXXXXx Case Number: 09-96-K-2095-1 Offense: MINOR IN POSSESSION Severity Class: MB Officer Badge Number: Issuing Agency: Mandatory Court Appearance: N Court: Date Filed: 6/6/1996 Def Appeared: Citation Number: 0 Plea: GG Charge Plead Guilty: Plead Severity Class: Sentencing Date: 6/11/1996 Sentencing Judge: CYNTHIA ROTHE-SEEGER Current Status: SENTENCING Offense Date: 5/24/1996 Vehicle Type: Judge Assigned: GEORGIA DAWSON Date Closed: 6/11/1996 Incident Number: 2095 Interested Parties: Party Type Party Name City ARRESTING OFFICER BAUSKE RAYMOND ATTY. FOR PLAINTIFF SHASKY BRETT ATTY. FOR PLAINTIFF SHASKY BRETT BOND REMITTER CRYSTAL BAUMGARTNER FARGO, ND CO-DEFENDENT Name 1 FARGO, ND CO-DEFENDENT name 2 FARGO, ND CO-DEFENDENT Name 3 FARGO, ND CO-DEFENDENT Name 4 FARGO, ND CO-DEFENDENT Name 5 FARGO, ND CO-DEFENDENT Name 6 FARGO, ND CO-DEFENDENT Name 7 FARGO, ND CO-DEFENDENT Name 8 FARGO, ND CO-DEFENDENT Name 9 WEST FARGO, ND CO-DEFENDENT Name 10 FARGO, ND CO-DEFENDENT Name 11 FARGO, ND CO-DEFENDENT Name 12 FARGO, ND CO-DEFENDENT Name 13 FARGO, ND DEFENDANT Name 14 FARGO, ND PLAINTIFF STATE OF NORTH DAKOTA Conditions: Suspended Condition Description Effective Date Due Date Satisfied Date Report To Years Months Days Years Months Days DEFERRED IMPOSITION 06/11/1996 12/11/1996 DEFERRED IMPOSITION OF SENTENCE 0 6 0 | 0 0 0 Probation Narrative: ADMINISTRATIVE FEE: 75.00 PAY TODAY. Events and Case Documents: Document Number Event description Event Date Event Start Time Judge Name Entered Date 6 PURSUANT TO RULE 19 OF ADMIN RULES THIS RECORD WAS DESTROYED 01/07/2008 SENTENCING HEARING HELD 06/11/1996 9:01:00 AM CYNTHIA ROTHE-SEEGER 06/11/1996 JUDGMENT/ORDER ENTERED 06/11/1996 06/11/1996 HEARING ENDED 06/11/1996 06/11/1996 SENTENCING 06/11/1996 06/11/1996 5 PAYORDER ISSUED FOR $100.00 TO CRYSTAL BAUMGARTNER 06/11/1996 4 JUDGMENT 06/11/1996 Name 06/11/1996 3 NOTIFICATION OF RIGHTS 06/11/1996 ARRAIGNMENT 06/11/1996 9:00:00 AM CYNTHIA ROTHE-SEEGER 06/06/1996 2 AFFIDAVIT OF PROBABLE CAUSE 06/06/1996 1 INFORMATION 06/06/1996 A/R Entries: Description Levied Suspended Waived Paid Entry Date COURT ADMINISTRATION FEE/STATE $75.00 $0.00 $0.00 $75.00 6/6/1996 Receipts: Receipt Number Date Check Number Remitter Distribution Amount Void? Type 9610884 06/06/1996 0 CRYSTAL BAUMGARTNER $100.00 BOND 9611137 06/11/1996 0 Name $75.00 CASH (I realize that this stuff may be in the public record but I was a little uncomfortable thinking people could see these names here without actually going to search for them themselves, so have removed the names - Moderator) Quote Link to comment Share on other sites More sharing options...
brucespook Posted October 21, 2009 Share Posted October 21, 2009 Exactly - you are wasting your time and money. I pasted an example below from when most of my high school class received minors (I did as well but was only 17). As you can see 13 years later the deferred imposition of sentence still shows up. I XXXX'd out my friends name, but it appears on the public search. REMOVED BY MODERATOR, see post above Looks like you didn't black out all the names. Quote Link to comment Share on other sites More sharing options...
The Whistler Posted October 21, 2009 Share Posted October 21, 2009 Looks like you didn't black out all the names. The court records would still be public record even if the criminal record didn't show it. Maybe that's it. Quote Link to comment Share on other sites More sharing options...
sioux rube Posted October 24, 2009 Share Posted October 24, 2009 The court records would still be public record even if the criminal record didn't show it. Maybe that's it.Any news on how Jason is doing? Quote Link to comment Share on other sites More sharing options...
siouxforeverbaby Posted October 24, 2009 Share Posted October 24, 2009 Any news on how Jason is doing? His condition was updated from Serious to Satisfactory per the Herald. GF Herald I have never really understood the various conditions, so other than knowing that this is good (I think)...no clue what it means. Quote Link to comment Share on other sites More sharing options...
Goon Posted October 24, 2009 Share Posted October 24, 2009 His condition was updated from Serious to Satisfactory per the Herald. GF Herald I have never really understood the various conditions, so other than knowing that this is good (I think)...no clue what it means. I think Satisfactory means that he is going to be ok, not life threatening anymore. Quote Link to comment Share on other sites More sharing options...
siouxforeverbaby Posted October 24, 2009 Share Posted October 24, 2009 I think Satisfactory means that he is going to be ok, not life threatening anymore. that is what I thought, but is it satisfactory like he will live and be fine or he will live and have brain damage? Quote Link to comment Share on other sites More sharing options...
Goon Posted October 24, 2009 Share Posted October 24, 2009 that is what I thought, but is it satisfactory like he will live and be fine or he will live and have brain damage? I guess I could ask my wife about all of the different classifcations since she is a nurse. Quote Link to comment Share on other sites More sharing options...
sioux rube Posted October 24, 2009 Share Posted October 24, 2009 Thanks.Glad to see he is doing better. Quote Link to comment Share on other sites More sharing options...
krangodance Posted October 28, 2009 Share Posted October 28, 2009 FH26 you just have to hang out with the right people that want to have fun and not get into fights. There are awesome fans from Wisconsin and Minnesota and other schools from around the conference. Last season at the final five we had a blast and there was a whole bunch of us from all schools hanging out and having a good time. Thursday nigth in the Irish Bar (McGoverns maybe?) some guy wearing a Gopher jersey came up and gave me a hug, and the weird meter hit right away, then I realized it was one my war buddies from Desert Storm. While talking to him in the bar one of the rudiest/drunkiest Sioux fan I had ever met spilled my beer, and his beer all over my shoe and did even blink an eye or appologize. Also at the bar in the Holiday Inn one of our own fans was kicked out for being a total ass. It's the a few bad apples. theory. i agree. i've been to sioux games in several arenas where we were the visiting team and i've never had one issue with anybody. i know it happens, but if it's happening several times to one person on multiple outings, then i think that one person needs to look at his own behavior. Quote Link to comment Share on other sites More sharing options...
MafiaMan Posted October 30, 2009 Share Posted October 30, 2009 Ok, nice post and all but aren't you going just a little far there? I was referring to the Wild, because I assume Gopherguy33 is a fan of them too. Quote Link to comment Share on other sites More sharing options...
MafiaMan Posted October 30, 2009 Share Posted October 30, 2009 FH26 you just have to hang out with the right people that want to have fun and not get into fights. There are awesome fans from Wisconsin and Minnesota and other schools from around the conference. Last season at the final five we had a blast and there was a whole bunch of us from all schools hanging out and having a good time. Keep in mind, the Gophers lost on Thursday night, so their fan base was pretty tame the rest of the weekend. I would suggest you check out the behavior from some fans of games at the X that involve the Sioux being beaten by Minnesota and you might report back differently about Sioux and Gopher fans hugging each other...not that there's anything wrong with you being hugged by a Gopher fan, I'm just sayin'... Quote Link to comment Share on other sites More sharing options...
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