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Judge struggles with sentence for robber of ice cream vendor
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More from CourtsThe fate of a 23-year-old man who robbed an ice cream vendor of $20 and six ice creams in Oxnard will be decided Friday, a judge said in a court hearing Wednesday, indicating he needs more time to decide whether a long prison sentence is appropriate.
On Wednesday, the prosecutor asked Ventura County Superior Court Judge Alan Steele to give Jason Rodriguez 32 years to life.
Rodriguez's lawyer urged the judge to give him no more than 16 years behind bars, and no fewer than 13 years.
The Oxnard resident had expected to be sentenced Wednesday, but the judge said the case has caused him "endless hours of thought and concern."
Steele postponed the sentencing until the end of the week "so I can think a little more about what is the right thing to do," he said.
In February, a jury found Rodriguez guilty of robbing vendor Jose Ramirez, who was pushing his ice cream cart at a park in La Colonia in Oxnard last year.
Jurors also found Rodriguez guilty of witness intimidation when he threatened the vendor after robbing him.
Jurors found that Rodriguez used a firearm, threatened the vendor and committed the crimes for the benefit of a criminal street gang, Sur Town Chiques.
Noting Rodriguez's long criminal history, the judge was also critical of the state's sentencing guidelines, saying they sometimes make no sense.
Had Rodriguez committed some of his felony crimes as an adult instead of when he was a juvenile, the judge said, he would be facing a mandatory sentence of 25 years to life as a three-strikes defendant. But Rodriguez's current convictions could send him to prison for 32 years to life, according to the judge.
"Perhaps that makes some sense to somebody. It makes no sense to me," Steele said.
The judge also gave a tongue-lashing to Rodriguez, pointing out that his life of crime began when he was 13 after he and two others stole 50 bus passes from a teacher's cabinet in school.
The judge said Rodriguez beat up four people in separate incidents while in custody as a juvenile.
Prosecutor Melissa Suttner told the judge that Rodriguez committed a burglary in 1998 and a carjacking in 2000 — both crimes committed when he was a juvenile. He was sentenced to 12 years in the California Youth Authority but was released in 2005.
After robbing the vendor, Rodriguez used the county jail telephone to call and brag and laugh to his fellow gang members about the crime, Suttner said.
The judge said Rodriguez's crimes have escalated to robbing very vulnerable people.
"He robs, of all people, the ice cream man," Steele said, comparing the crime to "taking candy from a baby."
The vendor was so frightened that he went back to Mexico, the judge said, questioning Rodriguez's worth to society.
"God forgive me. I think to myself, What good is he?'" Steele said.
Court testimony showed that Rodriguez, whose gang moniker is "Creature," also stole the vendor's wallet. Immediately after he was robbed, the vendor went looking for his wallet to get his Mexican Consulate card back. He found Rodriguez a block or two away eating the ice cream, court testimony showed.
He offered Rodriguez $5 to return the wallet, and Rodriguez accepted the offer.
Rodriguez's lawyer, Donna Forry, told Steele that what her client, a 10th-grade dropout, did was "serious and dangerous," but nobody was injured.
"This isn't a robbery where thousands of dollars were taken," said Forry, adding that the vendor felt "comfortable" enough to go and find Rodriguez to get his wallet back. She said Rodriguez returned the wallet, showing some "compassion" and "reasonableness" in his thought process.
"The victim was given some of his property back," Forry said.
She said nobody was yelling gang slogans, and the gravity of the crime doesn't require that her client be "warehoused" in prison, she said.
According to testimony in the case, Rodriguez and two other people — Juan Meza, 26, and Yvonne Jacinto, 22, both of Oxnard — summoned the vendor before Rodriguez pulled out a gun and robbed him. Meza and Jacinto got a year in jail and probation, Forry told the judge.
Posted by NowHearThis on August 28, 2008 at 1:46 a.m. (Suggest removal)
What's to struggle with judge for crying out loud. This perp sounds like a menace to society. Didn't he use a firearm in the commission of a crime?
Then he intimidate the ice cream vendor. He is a member of a street gang.
Judge Steele: if you can't make up a simple decision, what the heck are you doing on the bench in the first place.
STAR: "Rodriguez's lawyer, Donna Forry, told Steele that what her client, a 10th-grade dropout, did was "serious and dangerous," but nobody was injured."
Model citizen, that Rodriquez fellow.
Hey Judge Steele: can I go out and rob someone with your permission, so long as I don't harm them?
This is a no-brainer!
32-years to Life.
Posted by luv2sail on August 28, 2008 at 4:58 a.m. (Suggest removal)
Oh, come on, poor child should get probation so he can go out and commit a serious crime. When will the Judges in this County sack up and do what they are paid to do, enforce the will of the people!
We need to send a strong message to all of those that commit crimes. Remove them from our City forever.
Posted by OxnardNative on August 28, 2008 at 5:56 a.m. (Suggest removal)
Maybe this was all done in an attempt to change this punk kid’s gang moniker to "sweet tooth" or "ice cream stick" instead of Creature? I'm just glad that sentencing here on earth is in the hands of someone other than me. The ultimate judge is the one at the pearly gates where everyone will finally meet their maker and the final decision will be made. I'd certainly hate to be in a criminal’s shoes at that point and time! Pray that our society takes a serious 180 degree turn. Right now it seems like it almost as bad as it can get. Stabbing, shootings, muggings, gangs, tagging and the list goes on. I would give anything for my kids to have the chance to grow up in a world like the one I had the privilege to grow up in; playing all over the neighborhood until the street lights came on or until I heard my mom or dad call me in. :-/ This cruel world just isn’t what it used to be, nor is what used to be a GREAT city to live in; the Oxnard I remember and loved!
Posted by CommandoAngel on August 28, 2008 at 6:08 a.m. (Suggest removal)
Nobody was "injured?" Ms. Forry - clearly you have never been robbed. You cannot honestly say you have any clue what the victim has gone through and will continue to deal with, and society is injured by the continued street terrorism inflicted on it by these thugs. Yes, "terrorism." That is exactly what it is. The only way to end it is with strong sentences.
Posted by handyhood on August 28, 2008 at 6:52 a.m. (Suggest removal)
It's agreed on then. 32 to life sounds OK. Nut up Judge Steele. The next time it could by a bank or maybe someone coming out of a bank!!!!!
Posted by UncleRico on August 28, 2008 at 7:02 a.m. (Suggest removal)
Yeah, Judge Steele! The last thing Ventura County needs is a thoughtful, deliberative judge. We like our judges to be more reactive here in VC. Forget interpretation, sentencing guidelines, nuance, the Constitution. The world is black and white. Just buck up and do the will of the people. After all, that is your job!
Posted by keepin_it_real on August 28, 2008 at 7:02 a.m. (Suggest removal)
Judge Steele, Come on!!! Don't be a wus. This guy deserves worse sentance possible. Why would you even give it a second thought!!! We want idiots like this off our streets. He is a menace to society and will never change.
On another note, Ms. Forry is just doing her job, defending loosers like this. Isn't she the same lawyer who will be defending Jeffie Aguilar?
Maybe the judge can go eat some ice cream while he thinks about it.
Posted by goldeneye on August 28, 2008 at 7:06 a.m. (Suggest removal)
If this Judge is struggling what to do with a gang member who robs people with guns and who has committed a life of crime he has no business being a judge. Didn't I just read about a man who was shot and killed in front of a bank by a gang member with a gun? The guy then shot at a police officer when they tried to capture him! This judge needs to throw the book at this criminal to protect the public. This guys is 23! He's a 23-year-old man doing stick up jobs on poor people trying to make a living. Why is it that judges don't care about us working people and only care aobut the defendants? I wonder if Judge Steel sent flowers to the dead business owner who was murdered by a gun wielding gang member who made similar threats? This Judge Steel makes me sick. He makes me understand why we are in the position we are in. Every judge should throw the book at gang members. They are terrorists. They make us afraid to walk down the streets, they threaten to kill us if we don't turn over small amounts of money, they make this world a dark and scary place.
Prosecutor Melissa Suttner sounds like she has her head on straight. How do we get her Judge Steele's job?
Posted by keepin_it_real on August 28, 2008 at 7:17 a.m. (Suggest removal)
I think it is the ohhh but the guy is so young and deserves a chance, (yea right.) Get some b@lls Judge Steele!!! Quit playing patti cake.
This is why these guys keep doing these things, because the punishment in most cases do not fit the crime. Set an example out of this dirtbag. For sure you won't get my vote. I pray you won't be the judge at Aguilar's trial.
Posted by 805m0mma on August 28, 2008 at 7:25 a.m. (Suggest removal)
Are you kidding me, hit him with the maximum punishment, he is no child, he is a man at 23! His criminal actions started @ age 13...he has escalated to robbing the poor ice cream man. He is going to be killing innocent people in no time. This Judge needs to make it clear that these gangbangers are going to be prosecuted to the fullest extent!
Posted by handyhood on August 28, 2008 at 7:28 a.m. (Suggest removal)
Not all judges are dimwitted idiots. Clark would have made the decision before the trial even started. AHHH come on, he gave the guys wallet back. He shouldn't have taken it in the first place. Of all the people to rob, one of those guy's who walk miles and miles all day long just to make a couple of dollars and to have a PUNK take his cash by force and a gun? 32 years ain't enough!!!
Posted by keepin_it_real on August 28, 2008 at 7:49 a.m. (Suggest removal)
opps... Patticakepatti, by all means I wasnt referring to your screen name. lol. That's cute. :)
Posted by Rocket81 on August 28, 2008 at 7:54 a.m. (Suggest removal)
Rid society of this loser and scumbags alike. Only a matter of time till something worse will happen. The law is way to soft on these criminals. Just giving them the chance to commit more crimes. Defenese lawyers in these cases are scumbags to. Give him the chair!
Posted by tweetybyrdrt on August 28, 2008 at 8:09 a.m. (Suggest removal)
Once again I urge the star to leave out gang names and what gang they are affiliated with. this serves as nothing but a job advertisment for the group of worthless scum.
if this thing were made to fulfill it's sentence in the first place this may not have happened. once again a good reason for the three strikes law.
Posted by opns on August 28, 2008 at 8:58 a.m. (Suggest removal)
Judge - give him the max, that will give time to think how stupid his crime was. leave the poor ice cream man alone. gee. how sad for him.
Posted by gme on August 28, 2008 at 9:06 a.m. (Suggest removal)
This judge needs to remember that there are consequences for our actions. Do bad, go to jail. This young man needs to be used an example to all gangs, so that they realize everyone has had enough of their terrorizing. God gives us a sense of right and wrong and I dont care if you grew up in that environment, these guys know that robbing/terrorizing people is wrong! If Jason Rodrigruez is given the maximum sentence, he will have a lot of time to think about his actions and maybe he will change, or maybe he wont, but at least there will be one more terrorist off the street.
Posted by ahoodlum on August 28, 2008 at 9:07 a.m. (Suggest removal)
I know one judge that should not be re-elected next go around. This is a no-brainer and a prime example of one of the many issues plaguing our judicial system.
Posted by caliguy76 on August 28, 2008 at 9:10 a.m. (Suggest removal)
The judge needs to put this guy on ice for a long time.. He's shown he can't and never will be a productive member of society. "This goes out to Creature in Soledad.. Keep your head up and don't let no one get you down... from La Sad Girl.."- Art Laboe- It just saddens me there will be a sharpie eyebrowed chola out there missing her vato....
Posted by TiquisiaPrincess on August 28, 2008 at 9:18 a.m. (Suggest removal)
This is really sad. For someone to go to these lengths for a gang? How immature and stupid. This just goes to show you that intellegince is very limited for this gang members.
The real sad part here is that sending him to prison for 32 years, will only make him a bigger criminal. He'll be out in maybe half the time, and if he hasn't had help in prison in mentoring etc.(which most do not) he'll be worse than he went in.
I wish we had a system that while incarcerated these young men who might again one day be part of society, could be REQUIRED to "GET" some training in being civilized human beings. Instead of permiting them to just lift weights in prison, maybe those who have sentences that will require them to be part of societt again should be forced into participating in some type of classes so they don't come out worse, than they went in.
Either way, in this case. Justice needs to be served, I just have some issues with the law giving him more time in prison then what sometimes murderers or molesters get. I don't have a problem with him getting sentenced for the time, just that our laws are really backwards sometimes.
Either way...he's a lost cause once he gets into the prison system. That's also real sad. He sounds like someone who is just elevating his crimes to the point that sooner or later it could be much worse.
Posted by ereed27 on August 28, 2008 at 9:19 a.m. (Suggest removal)
"This is a no-brainer and a prime example of one of the many issues plaguing our judicial system."
Postponing sentencing for one week so the judge can fully deliberate a decision to send someone to jail until 2040? This is an issue that "plagues" our judicial system?
Not sure I follow you. The guy's locked up in the meantime anyway, so the judge could delay for a year for all I care.
Posted by MidTwn on August 28, 2008 at 9:22 a.m. (Suggest removal)
Wow, this must be a different crowd than those who posted regarding the Brandon McInerney case.
Posted by Halpernlaw on August 28, 2008 at 9:28 a.m. (Suggest removal)
Sad when a judge takes his job and position serious enough to ask for more time to deliberate on an important decision - and all he gets is comments like those posted above.
Judge steele decision should be well thought out and rational - It should not be a gut reaction to send a man to prison for a 20 dollar robbery. If that is in fact what he deserves let the judge do his job in deliberating on that decision. If he doesnt get life in prision, 16 years is also a long long time to serve for this crime.
One way or the other let the judge do his job.
Posted by missing805 on August 28, 2008 at 9:28 a.m. (Suggest removal)
"Jurors found that Rodriguez used a firearm, threatened the vendor and committed the crimes for the benefit of a criminal street gang, Sur Town Chiques."
For the benefit of a gang? heheheheheheh thats hilarious
Homie 1: " Hey creature, Im in the mood for a pineapple flavored popcicle"
Homie 2: " orale homes, if your down for the hood, you would go get some popsicles for us dogg"
Homie 3: " if you dont ese you will no longer belong to our gang"
Creature: " orale homes, I'll go get us some ice cream"
Homie 4: " oh yeah by the way, we need $20 too, we want to go get some corn and churros"
Posted by at8man on August 28, 2008 at 9:30 a.m. (Suggest removal)
Judge Steele, just do your fricking job. Get this dirtbag off the streets for as long as possible.Get on with it or continue to bog down the judicial process even further.
Posted by Latina_805 on August 28, 2008 at 9:31 a.m. (Suggest removal)
lol missing THAT is hilarious. I can see it playing out like that too, straight out of a movie.
Posted by BabyzDaddy_01 on August 28, 2008 at 9:47 a.m. (Suggest removal)
See...that's where I don't agree with wiping out the juvenile convictions and not allowing for prosecution as a 3rd strike for this guy (robbery with use of a firearm is a felony, I believe).
The "thought" that the judge is giving is on whether this can be appealed and justified as NOT a 3rd strike.
I'm not exactly sure why they can't count his juvenile convictions, but I'd think they'd come in handy to support the 32 to life sentence. He's 1 "click" away from committing murder and doesn't deserve to be on the streets.
Posted by clementine on August 28, 2008 at 9:47 a.m. (Suggest removal)
Lock him up & give him ice cream every day. Then, he'll be a happy camper. A useless piece of crap.
Posted by uknowwho on August 28, 2008 at 9:50 a.m. (Suggest removal)
place him in jail for life! he's worthless!
Posted by brwnbear on August 28, 2008 at 9:59 a.m. (Suggest removal)
do the crime now do the time.
Posted by eclipsewatcher on August 28, 2008 at 9:59 a.m. (Suggest removal)
It's disturbing that so many posters continually whine and gripe about our judicial system. It's not without its faults, but it's still the best system on the planet. Would you rather be living in one of those countries where they summarily execute you first and ask questions later? I doubt it.
Posted by MsScorpio805 on August 28, 2008 at 10:17 a.m. (Suggest removal)
With this guy's history, he seems like he does indeed deserve a wake up call. I was immediately just angered at the callousness and indifference he had to rob an ice cream vendor. He had to have known he wasn't going to end up with a huge pot of cash, however he didn't care. He most likely wanted the money for drugs, and didn't care what he had to get it. And if the guy would've resisted, he may have had his head split open? Where is the compassion, and above all DECENCY? Is this the kind of person that we want roaming free on our streets? I mean come on, is he really going to "wake up" someday and decide to---GET A JOB?? No. He's going to continue to be a drain and a threat to our society and its coffers. This guy shows that he does not have any respect for others or their property, or for those honest decent citizens who will work hard just to make a meager living. Lock this fool up, he's a WASTE of space here. He's obviously not going to amount to anything, and it's not like HE has a 9 to 5 and pays taxes to this society. We don't need another loser out on the streets.
Posted by getreal on August 28, 2008 at 10:27 a.m. (Suggest removal)
OMG! What's the struggle here? Three strikes was put in place for a reason. Obviously this guy didn't learn his first two lessons to stop committing crime. Car jacking as a kid?!? Come on. Lock him up for good. We all know there is no rehabilitating this thug. And he showed compassion? By charging the guy to get back his wallet? Throw away the key. Peeopl like this make me sick to my stomach. No morals, sense of right from wrong, not one single redeeming quality.
Posted by ahoodlum on August 28, 2008 at 10:27 a.m. (Suggest removal)
I have a right to find fault in tax-payer supported judges who cannot see the forest from the trees. I'm sure Mr. Rodriguez pays his taxes in a timely manner too (he does, doesn't he?), properly reporting his gang's cash street income, and therefore is worthy of certain rights and services as well, but his danger and disregard to his community should preclude him from certain courtesies. He's a menace and should be reprimanded for his actions and removed from his position of a long-standing threat to his community. Why this conclusion requires long deliberation escapes me.
Posted by missing805 on August 28, 2008 at 10:33 a.m. (Suggest removal)
Ms. Scorpoio, he did not want money for drugs, it was for the benefit of a gang and his homies wanted corn and churros. CAMDAD, in Mexico you are guilty into proven innocent and the quality of beaches is excellent, and the quality of women is ok I think.
Posted by fmr805 on August 28, 2008 at 10:35 a.m. (Suggest removal)
The judge should take this great opportunity to make an example out of Rodriguez.
Show these gang members that the criminal justice system will not tolerate such wild-west behavior.
Posted by getreal on August 28, 2008 at 10:38 a.m. (Suggest removal)
This may be a silly question but where are all these guns coming from? It scares me to drive through Oxnard and thinking just how many people are packing heat. Could I be killed for driving too slow? For not signaling? The mentality to hold a gun to the ice cream man makes me wonder how safe my daily communte is and what other incidents can arise that would again bring a gun into play.
Posted by daugtherofimmigrant on August 28, 2008 at 11:10 a.m. (Suggest removal)
This isn't a robbery where thousands of dollars were taken," said Forry.
WTF???? Stealing is stealing!!
"The victim was given some of his property back," Forry said.
HELLOOOOOO!!!??? he had to pay him to give it back. So actually he stole 25.00 and ice cream and scared the living crap out of this guy, so much so that he had to go back to his Country!
"She said nobody was yelling gang slogans, and the gravity of the crime doesn't require that her client be "warehoused" in prison"
Quadruple WTF????
Like the firearm wasn't enough to scare this guy sh!tless?
This judge needs to use this guy as an example, we need to be serious about cleaning out the streets, maybe the rest of the cholos will think about taking from a poor ice cream guy, is ice cream and 25 dollars worth 30 years of prison.
Pendejos buenos para nada!!
Posted by daugtherofimmigrant on August 28, 2008 at 11:19 a.m. (Suggest removal)
Missing805 - "quality of women is o.k." Excuse me? We are fine and divine!
Posted by BabyzDaddy_01 on August 28, 2008 at 11:20 a.m. (Suggest removal)
ahoodlum:
Did I miss that line item for reporting income on the 1040? (i.e., Other Income related to a "for-profit" petty street organization)....my bad...that must have been on the 1040EZ.
(just kidding with you)
Posted by NightLight on August 28, 2008 at 11:44 a.m. (Suggest removal)
Yes, it's true that this isn't a crime where thousands of dollars were taken, but in my opinion that makes it even WORSE in a way. The fact that Mr. Rodriguez obviously thinks nothing of using a gun to rob someone he knew had little cash, basically amounting to pocket change and some snacks, means to me that he has no concept of right and wrong and no concept of the seriousness of using a gun to commit a crime. Plus the fact that he was a short distance away calmly eating the stolen ice cream means he had no sense of desperation, regret, fear, or any of the other emotions one would normally associate with having just committed armed robbery. This was just a normal event in the course of a normal day for him, and that's probably the scariest thing of all.
Posted by tweetybyrdrt on August 28, 2008 at 11:45 a.m. (Suggest removal)
Hef "worked" for his money, scumbag stole it
Posted by BabyzDaddy_01 on August 28, 2008 at noon (Suggest removal)
I didn't know "SurTown Chiques" was allowed in Colonia Park? Where is the local law enforcement ("Colonia Chiques") when you need them????
Posted by NightLight on August 28, 2008 at 12:01 p.m. (Suggest removal)
Maybe the Chiques are franchising now?
Posted by BabyzDaddy_01 on August 28, 2008 at 12:02 p.m. (Suggest removal)
Chiques is a term for "Oxnard".
Posted by george1234 on August 28, 2008 at 12:15 p.m. (Suggest removal)
IF JUDGE STEELE DOES ANYTHING BUT THE MAX I THINK IT'S TIME TO CONTACT SOME STATE OFFICIALS AND CALL FOR A REMOVAL FROM OFFICE! SEND THIS PIECE OF TRASH TO JAIL. HOW MANY PEOPLE HAVE TO DIE BEFORE THE JUDGE'S PULL THEIR HEADS OUT OF THE A@@. SERIOUSLY!!!
Posted by star on August 28, 2008 at 12:31 p.m. (Suggest removal)
The judge is right about one thing: the guy is looking at 32 to life. But if it was a three strikes case, it'd be only 25 to life. That's bizarre.
Posted by ebrockway on August 28, 2008 at 12:51 p.m. (Suggest removal)
''The victim was given some of his prpoerty back''? He had to pay that creep $5 for it! Creature is the right name for him, and he belongs away from good people for a very long time.
Posted by BigJake on August 28, 2008 at 1:40 p.m. (Suggest removal)
Chop off the offending hand. The one that took the ice cream. Stealing ice cream, how low can a low life go!
Posted by SportGirl on August 28, 2008 at 2:39 p.m. (Suggest removal)
Worthless loser should get the max without quandary. Good ridden Creature.... don't drop the soap
Posted by outadabusiness on August 28, 2008 at 3:41 p.m. (Suggest removal)
"Jurors also found Rodriguez guilty of witness intimidation when he threatened the vendor after robbing him.
Jurors found that Rodriguez used a firearm, threatened the vendor and committed the crimes for the benefit of a criminal street gang, Sur Town Chiques.
Noting Rodriguez's long criminal history, the judge was also critical of the state's sentencing guidelines, saying they sometimes make no sense."
23 years old...been in it since 13...for the benefit of a gang...what's the problem your honor?
Adios, Baby!
Posted by sparks240 on August 28, 2008 at 3:52 p.m. (Suggest removal)
I hope they don't serve ice cream in prison. Except for the Bigsticks!
Posted by outadabusiness on August 28, 2008 at 4:03 p.m. (Suggest removal)
Halpernlaw.,..gun...gang...for at least the past 10 years...gimmee a break you bleeding heart.
Posted by lpochina805 on August 28, 2008 at 5:20 p.m. (Suggest removal)
Bigstick? the orange flavor or lime??
Posted by dottiie on August 28, 2008 at 7:07 p.m. (Suggest removal)
Sorry but chiques is not in term of oxnard.. Look it up chiques originally was used in term of little chicago that was used in term of oxnard because of the cocaine traffic blah blah blah
But yeah he needs to be put in prison for 36 to life haha I hate ST.
Posted by nojustice_justus on August 28, 2008 at 7:31 p.m. (Suggest removal)
No big sticks? What about a choco taco?
Posted by caokie on August 28, 2008 at 9:05 p.m. (Suggest removal)
Try Alan.Steele@ventura.org
Posted by talkback on August 28, 2008 at 10:14 p.m. (Suggest removal)
Real human beings like the Judge feel guilty, but this bum will kill someone the next time and how guilty will the Judge feel then. I only pray that it's not my relative or friend. The public defender said no one got hurt what will she say when he kills someone, that it was the judges fault for not putting him away when he had the opportunity.
Posted by AnnaWhaat on August 29, 2008 at 7:37 p.m. (Suggest removal)
The three srikes are for adults. Not Juevenile crimes. I do think he needs a long prison sentence. Even the 16 years is a LONG time.If the Judge needs more time to decide on what exactly to give him, let him decide. The jerk is still locked up either way..........
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