Rucker Arrest Story

[TIgreen01]

You are somewhat right - the details of the case would be gone, but the arrest would always be there. There is no possible way to get an arrest off of your record without expungement and that usually takes going up the ladder practically to the lt governor. In some cases, it is worse to not have the details because you can't ask about it. Deferred is still a guilty plea - so if you lie on an application (Have you ever been found guilty of a felony crime), it hurts your chances as well. How do you answer that? The answer is kind of yes and kind of no. Either way, my point was - this could have easily been worked out between the parents and the player. Maybe they did try to work it out, I don't know. It doesn't sound like they tried to work it out though. And the 26 thing just makes me laugh, the new vending machines on campus take cards - so if you go get a coke, that is one... you go to get some chips, that is two... some cookies, that is three. The amount of dollars should be looked at, not the amount of swipes in my opinion. Less than $400 bucks should be a misdemeanor, not a felony. I really don't think that I need my tax dollars going to a public defender to help this guy plea a case that shouldn't have happened in the first place. I think that the UNT cops got so dang excited that they were able to have a "case" of this magnitude that they jumped all over it. They are used to riding their bikes, giving out parking tickets... and occasionally - if they get REALLY lucky, they can write a ticket for urination in public if a kid can't hold it until he/she makes it back to their dorm from Fry Street

Jeez....ok, swiping a card 3 times for cookies, a coke and some chips.....?! How do you get to 26 all that quickly?! Unless you have 8 friends standing in line as you're doing this (and giving them all free cokes/chips/cookies), this is STILL more than a one time impulse thing! I'd rather have my taxes go to bigger and better things, but I can't say that taking care of small situations, like this, doesn't help deter people from taking bigger risks the next time around.

I agree that I'd try to work this out myself, first, before going to police for the same reasons you've been covering. That didn't happen here for whatever reason and the people who reported this are certainly within their rights to do so. I'm not sure why we have to spend time trying to make up excuses for some pretty stupid actions of one of our football players. What purpose does that serve? Make him feel any less dumb/guilty? Screw that. Everybody makes mistakes (though not always this big), but it's healthy for there to be consequences to face so that you won't keep making the same mistakes again and again.

Edited November 21, 2008 by TIgreen01

[ADLER]

This whole story is full of holes. I think FR is the fall guy for something else.

Student "A", the girl who owns the card, gets a call from her parents regarding

current charging and the amounts charged.

Student A claims she has not used the card for a month, and did not know

the card was missing. At the same time, FR is text messaging Student A,

about using the card. Student A, knew all along who had possission of the card.

Why not ask for the card back at this point?

Now, do you know any college student with a credit card, especially a girl,

that does not use their credit card for a month, muchless not knowing

where the card is kept? Like your pocket book/bill fold that you look into

everyday? Yeah right! I like this next part!

Mysteriously, the card reappears on the floor of the Victory Hall lobby,

and found by Student "B". Out of all the people who live in Victory Hall,

the one who finds the card, is non other than Student B, a friend of Student A.

Why would FR dump the card on the floor of Victory Hall, when he knows the

owner of the card? Why not just give the card back to student A?

Student B who has possession of Student A's card, and who knows Student A,

does not return the found card immediately - -

The card is returned 2 days later for crying out loud! Why 2 days later?

Now Student A and Student B have a pow wow to get their story straight,

and develop a plot that will explain how the card turned up missing,

how to account for the charges, find suspects, and keep their rear ends in the clear.

Student B and Student A determine there are 4 suspects that had access

to Student A's room, including FR, but not naming Student B as having access also.

These two determine FR is the guy. None one else could have done this. After

the cops have documented proof and a confession from FR about using the card.

I do not think the card was stolen at all. I think Student A gave the card to FR

to use, only FR ran up too many charges, which the parents of Student A are

wanting to know about. I think this could be a boy friend/girl friend spat, and the

girl is trying to protect herself from her parents anger. Thats my 2 cents.

Gcaq4ElAJrE

[Green P1]

Gcaq4ElAJrE

As soon as this clip ended I realized the Hardline was doing random JFK talk...... I'm freaked out.

[SilverEagle]

Gcaq4ElAJrE

Well timed!

Does everyone remember where they were, and what they were doing, when "the spit hit the Kramer?"

[Lurker]

Well, we wanted a big time program. Sounds like we have climbed right up there ahead of Miami now.

[Green Dozer]

All I can say is that if I were one of the employees of the Athletic department in charge of getting donations for the stadium, I've be sitting at my desk right now doing a face palm....with both hands.

I seriously doubt there is anybody "in charge of getting donations for the stadium". This does not make a speckle in the challenges this athletic department has in getting to the point where they will need said person to raise funds. Bet there is not even a desk for them yet.

[Guest JohnDenver]

Well, we wanted a big time program. Sounds like we have climbed right up there ahead of Miami now.

Well, they did get blown out last night... and we have felonious street drugists.

[SilverEagle]

I seriously doubt there is anybody "in charge of getting donations for the stadium". This does not make a speckle in the challenges this athletic department has in getting to the point where they will need said person to raise funds. Bet there is not even a desk for them yet.

......... ..........

[stebo]

Question for you legal eagles... When a person gets an expungement, does the arrest go away from the record completely? Obviously, I am not a legal guy - I was under the impression that the record can be cleaned up but that the actual arrest (with booking) is always there in case a person commits another crime (so that it can show a trend).. Is that not correct?

[Rudy]

First off, yeah, its definitely a felony. There is something called the theft ladder. As the monetary value of the theft increases, so does the penalty. The victim doesnt have to press charges, then again, they also have a certain amount of time to decide if they want to file the charges. If this is a "friend" or "acquaintance" they may decide to have Rucker pay off the charges to avoid jail time.

[Green Dozer]

I have been thinking about this off and on all day. I will say right off that what he did was wrong. From that point is where I cannot make up my mind. I have thought what if my 18 year old son let somebody get a hold of my credit card that he might use or it was stolen due to his irresponsibility of not keeping it in a safe place. Leaving it out in the open when people come in and out of your room is not being responsible. It is obvious that this young lady knew he used the card because Rucker kept texting her with apologies for getting out of hand.

Like all of you are or have been, I was young to. Even then, and up to now I have made mistakes and certainly was no angel in my younger day. Was he wrong? Without a doubt, if he used the card one more time than what he had permission from the girl that was taking advantage of her, and it was stealing. Is it a felony? No. I do not think a felony charge against this young man is warranted, and the price he will pay for the rest of his life if it stays with him does not fit the crime. I read Kram's post, and his banking background lends a perspective of how little thefts like this add up in the business world. I respect and understand that.

Both parties are wrong in the case. No the young lady did not ask for this to happen, but she was irresponsible in her actions as well. What would have been wrong with the parents demanding a meeting with Rick Villereal and Todd Dodge to let them know what happened? Then let them work it out with the player. Though her parents may be the ones who instigated legal action against Rucker, I would imagine she will also pay a price with her peers in Victory Hall.

I think some type of community service, and a "scock program" like they do in juvie would be more appropriate. You know, all the players that tested for drugs are put into counseling, and are still playing. If they did not have a prescription for the drugs that they tested positive for, then that was illegal as well. I know that is not how the law reads, but still they broke a rule as well. What is the difference in comparing these two issues and the circumstances involved? Bad decisions and bad choices were made. Should all of their lives be ruined?

Having been to Hearne several times, I would imagine this was Rucker's ticket to school. Should he have been more responsible? Absolutely. But, instead of kicking him out on the street, and not trying to help him is not the right answer. Why not save a life here? And before you say you do not want your dimes as a donor to go to somebody like this, get him out of here, and get some kids with "good character", then you are giving for the wrong reasons. Our donation is partly to help an athlete to get an education. I think that education should extend outside the 50 x 100 field and the classroom. A poor athlete (have no idea if Rucker is poor or not) comes to college. He has not had much in his life, sees other students driving nice cars, buying CD's, have some jewelry, IPOdS, etc. and he can't afford it, he feels left out. Do having those feelings and making a decision to steal make a wrong a right? Absolutely not.

However, why can't the athletic department have mentors with our athletes to work with these young men and women, talk to them about the responsibility of good citizenship. I mean really talk to them about how to avoid trouble. If a proactive approach were taken, and we realize we are educating people not just about studying for a profession, (and playing a sport), but about life then some of these things might be avoided. I think he was wrong, but I just do not agree Rucker should be sit on the curb and forgotten. Keeping him in school, helping him get his life on track will be a lot cheaper than providing him with a bed in Huntsville should he be put out to street, and has no help in learning from his mistake, and is some way not kept on the right road.

Edited November 22, 2008 by Green Dozer

[ScreamingEaglesFan]

The victim in these cases are the financial institutions, not the card holders, due to the fact that the financial institutions reimburse the card holder for the stolen amount of goods once they receive a police report from the card holder (probably the parents, by the way). So once the offense is reported, the financial institution becomes the victim and only they have the right to drop the charges.

The sad truth is its not the financial institutions that lose money its the merchants, the bank just reverses the charges and takes the money out of the merchants account. The bank is not out anything other than processing costs and the bank doesn't lose a dime while merchant is out the original sales amount and inventory costs. Also unless Denton wants to make an example out of him very little is going to happen the truth is its too low a priority. I handled loss prevention duties at a major retailer for over five years and dealt with this on a daily basis. One example of a PD's apathy involved over $5k worth of product, I filed paperwork, documented evidence etc and the police officer flat out told me he didn't have time to mess with it.

I agree he should pay back the charges and hopefully learn a valuable lesson.

[greenminer]

wow.

[UNT90]

Question for you legal eagles... When a person gets an expungement, does the arrest go away from the record completely? Obviously, I am not a legal guy - I was under the impression that the record can be cleaned up but that the actual arrest (with booking) is always there in case a person commits another crime (so that it can show a trend).. Is that not correct?

Not correct. The arrest will always be on record at the arresting agency, but will not show on his criminal history, which is maintained by the state. Basically, if the same PD dealt with him again, they could see that he had an arrest through thier in house records (computerized nowadays), but no one else would have access to the info. Not even the courts. Especially not any future employer. The only records that employers can get (assuming not trying to get a law enforcement job or a job with security clearance) is records for convictions.

Also, this is not a theft case, where the amount of merchandise taken determines the charge (misdemeanor or felony). This charge is Credit Card Abuse, which means he could of charged a 99 cent hot dog at 7-11 on the credit card and it still would have been a felony.

[Green P1]

wow.

Could you elaborate on that for me?

[Fitzyrection]

Cut him, no question about it. We have no use for this kind of guy.

[foutsrouts]

Not correct. The arrest will always be on record at the arresting agency, but will not show on his criminal history, which is maintained by the state. Basically, if the same PD dealt with him again, they could see that he had an arrest through thier in house records (computerized nowadays), but no one else would have access to the info. Not even the courts. Especially not any future employer. The only records that employers can get (assuming not trying to get a law enforcement job or a job with security clearance) is records for convictions.

Also, this is not a theft case, where the amount of merchandise taken determines the charge (misdemeanor or felony). This charge is Credit Card Abuse, which means he could of charged a 99 cent hot dog at 7-11 on the credit card and it still would have been a felony.

It has been my understanding that an expungement order in Texas requires EVERY agency in Texas to destroy every shred of evidence related to an arrest including fingerprints and mugshots. It is as if the arrest never occurred. Even the FBI generally (but not always) complys with the expungement order. Also, anyone has access to arrest records if they are not expunged. They are public record. I've checked for employee arrest records at the county courthouse in the past, but now you can easily do it online or better yet through companies like Publicdata.com. If Rucker gets deferred adjudication, he can eventually get the records blocked from disclosure, but I don't think they can be totally expunged.

[Green Dozer]

Should society throw him away for good? No...but hopefully he'll learn from this and someone will give him a chance to prove he has.

THANK YOU!!

[Travis]

The main point of the post was to communicate that he confessed, and that confession would most likely include statements that he knew he wasn't supposed to be using that card.

Wasn't trying to steal your thoughts.

UNT90, i think you took me to be a little more serious than I actually was. I am only joking my man.

[UNT90]

UNT90, i think you took me to be a little more serious than I actually was. I am only joking my man.

Damn no facial expression computer screen!!