Tim McDonald

[TCHB]

here's the fact.... he can prove that he used the proceeds from the sales to pay company debt, even though he most likely took to large of a salary... that's not a crime...if there was no company, and he said there was … that would be a crime... as of now,... he's just not good at business and managing company funds... what the law could do is shut down the business....but being it is shut down.... not much can happen...what ever happen to cactus....nothing..I see this al the time in my business...he'll open up again down the road...

Sunshine Marine is setting up its house where Cactus was in the center.

 

[Wheeler]

It's a damn good thing that RD warned the boating community early on about the fraud taking place at OCM.

 

[LargeOrangeFont]

here's the fact.... he can prove that he used the proceeds from the sales to pay company debt, even though he most likely took to large of a salary... that's not a crime...if there was no company, and he said there was … that would be a crime... as of now,... he's just not good at business and managing company funds... what the law could do is shut down the business....but being it is shut down.... not much can happen...what ever happen to cactus....nothing..I see this al the time in my business...he'll open up again down the road...

Well said Steve.

 

[tunnel vision]

Soooo is it over and he walked?

 

[pronstar]

Soooo is it over and he walked?

He can be retried since it was a hung jury. But the DA could say fuck-it and not move to retry him.


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[Singleton]

Soooo is it over and he walked?

heading that direction
DA will most likely try to get a deal. Small fine, probation and call it a day

 

[tunnel vision]

heading that direction
DA will most likely try to get a deal. Small fine, probation and call it a day

Thats fucked up....

 

[RiverDave]

here's the fact.... he can prove that he used the proceeds from the sales to pay company debt, even though he most likely took to large of a salary... that's not a crime...if there was no company, and he said there was … that would be a crime... as of now,... he's just not good at business and managing company funds... what the law could do is shut down the business....but being it is shut down.... not much can happen...what ever happen to cactus....nothing..I see this al the time in my business...he'll open up again down the road...

oh I don’t think that cactus deal is over yet either. Lol

 

[rivermobster]

It's a damn good thing that RD warned the boating community early on about the fraud taking place at OCM.

That's gonna leave a mark! lol

 

[Wheeler]

That's gonna leave a mark! lol

I don't get your post. Wasn't it here that the first info. came out about OCM burning people?

 

[rrrr]

Still many of us willing to travel for another trial. Only this time the defendant will be a convicted felon.
Very disappointed in the outcome of this trial and some of the jurors, but this is not over yet.

Was your boat one of the hung verdicts? I would flippin' hope not, but I'm not holding my breath.

 

[rrrr]

It wasn't the jury, it was a weak and kindred D.A.
Real good evidence speaks for itself.
The state couldn't make a proper case.
Sorry to those who lost and I hope there is enough time for you to make yourselves whole again.

I suspect this to be the proximate cause of the hung verdicts. The jury can only consider the evidence presented in determining guilt. How effective was the prosecution?

Of course since the same two dipshits voted to acquit on all of those counts, it's more likely they are professional fucktards, as others have said.

 

[rivermobster]

I don't get your post. Wasn't it here that the first info. came out about OCM burning people?

Of course it was...

 

[beertruck]

Was your boat one of the hung verdicts? I would flippin' hope not, but I'm not holding my breath.

yes, my boat was one of the charges they could not decide on. Can't imagine how, but it was.

I am confident the DA is going to retry this, as he has had overwhelming support from the victims, showing a willingness to travel and do this again.
Tim was convicted of a felony at this last trail, so if he decides to take the stand, the jury will know that he is a convicted felon.
Having sat thru 5 testimonies including my own, I can assure you the DA did a good job presenting the evidence. 10 out of 12 people said they would convict on all charges, two would not agree. not sure why, or how they came to that decision, but it wasn't based on lack of evidence.

 

[pronstar]

I may have missed it...what 2 charges was he found guilty of?


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[charred1]

You have a valid point here:


View attachment 850945

Crazy that with a “mostly” republican county, they managed to get 12 Democrats on the jury!

 

[Bobby V]

I may have missed it...what 2 charges was he found guilty of?


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See post #166. 1 guilty 1 not guilty.

 

[pronstar]

Hung jury on all but two counts. Retrial coming in 60 days. Guilty on one, not guilty on the other.

What count was the guilty verdict?


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[pieyed]

From the DA....

The jury finally came back at 2:30 informing the judge that they could not agree on all counts. The jury found the Defendant GUILTY of Count #4, Theft as a Class 3 Felony involving victim Mike Kramer and Not Guilty on Count # 3involving Kevin Murphy. The jury could not agree on the other counts so a mistrial was declared and those counts must be set for a new trial.

 

[Performance Grips]

Crazy that with a “mostly” republican county, they managed to get 12 Democrats on the jury!

Sounds like 2 Democrats. The 2 innocent holdouts.

 

[pronstar]

From the DA....

The jury finally came back at 2:30 informing the judge that they could not agree on all counts. The jury found the Defendant GUILTY of Count #4, Theft as a Class 3 Felony involving victim Mike Kramer and Not Guilty on Count # 3involving Kevin Murphy. The jury could not agree on the other counts so a mistrial was declared and those counts must be set for a new trial.

Thanks for posting that [emoji106]

At least he’s got one felony conviction...let’s hope for a retrial so more can be piled onto him.


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[RiverDave]

And now the plea deal Comes out.

 

[FROGMAN524]

Hoping for the 4.5 years

 

[sirbob]

Does the same judge make the call on sentence?

If so, it sounded like the judge saw his guilt - I doubt he would get the full 4.5 but I would guess he get some time?

 

[OLDRAAT]

Hoping all or at least some of that restitution 900k can be claimed. Wishing the best to those who had to deal with the cock....er and his entire mess.

 

[Bullet28]

Thanks for posting Dave, like others I have been following this.

 

[Ziggy]

Fuking crazy.
.
Unbelievable how our system fails to help or protect victims. Ain't nobody every gonna see a dime.

 

[Dirty Daytona]

Does the same judge make the call on sentence?

mid so it sounded like the judge saw his guilt - I doubt he would get the full 4.5 but I would guess he get some time?

I’m not sure how it works in Arizona but in California the same judge who handled the trial would impose the sentence. Also, here in California if there was a plea bargain the DA would ask the judge at the sentencing hearing for the defendant to receive whatever the DA and defense attorney agreed on in the plea bargain. From what I’ve learned about this case on RDP, I would bet he gets probation. Just a hunch. It sounds like the defendant was just scared enough of the retrial to take a deal and the DA was just scared enough of a retrial to offer a deal. I’m no lawyer and I don’t know the Arizona legal system but probation would be my guess, at least with a similar set of circumstances in California.

 

[sirbob]

I’m not sure how it works in Arizona but in California the same judge who handled the trial would impose the sentence. Also, here in California if there was a plea bargain the DA would ask the judge at the sentencing hearing for the defendant to receive whatever the DA and defense attorney agreed on in the plea bargain. From what I’ve learned about this case on RDP, I would bet he gets probation. Just a hunch. It sounds like the defendant was just scared enough of the retrial to take a deal and the DA was just scared enough of a retrial to offer a deal. I’m no lawyer and I don’t know the Arizona legal system but probation would be my guess, at least with a similar set of circumstances in California.

If I read that right its an offer not agreed upon yet?

 

[JBS]

What a joke. Tim is Teflon

He will probably get back into the industry by hauling boats [emoji23]


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[Ziggy]

What a joke. Tim is Teflon

He will probably get back into the industry by hauling boats [emoji23]


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Yeah, but can he be Bonded.

 

[JBS]

Yeah, but can he be Bonded.[emoji6][emoji3]

That is the $500,000 question


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[Dirty Daytona]

If I read that right its an offer not agreed upon yet?

I agree with you, it appears to be an offer.

 

[WATERDOG]

Fuking crazy.
.
Unbelievable how our system fails to help or protect victims. Ain't nobody every gonna see a dime.

Sadly I think you are right.

 

[boatpi]

In CA the judge would order a probation report at times too. But I have a feeling this judge gets this entire case, he may hammer him for the 4.5 years. Look at his previous comments

 

[pronstar]

I’m convinced that laws no longer protect us from criminals.

They protect criminals from us.


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[Carlson-jet]

I’m convinced that laws no longer protect us from criminals.

They protect criminals from us.


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You wouldn't want people breaking the law now would we.. LOL

 

[RiverDave]

I’m convinced that laws no longer protect us from criminals.

They protect criminals from us.


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ssd but true

 

[DRYHEAT]

Apparently the county is too cheap to go through it again. That fucker got off because one unscrupulous businessman from Kingman was in the jury, otherwise he would’ve been convicted.

 

[Outdrive1]

In CA the judge would order a probation report at times too. But I have a feeling this judge gets this entire case, he may hammer him for the 4.5 years. Look at his previous comments

4 1/2 years isn’t long enough for the amount of people he fucked.


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[4Waters]

Apparently the county is too cheap to go through it again. That fucker got off because one unscrupulous businessman from Kingman was in the jury, otherwise he would’ve been convicted.

Any idea who it was, slam his business.

 

[LargeOrangeFont]

4 1/2 years isn’t long enough for the amount of people he fucked.


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So did the community finally learn that when there is smoke there is probably fire?

How long was there mumbling of sour deals that were dismissed by respected people that allowed even more people to be ripped off?

 

[DRYHEAT]

Any idea who it was, slam his business.

If I did, I might just do that. Said business owner was trying to convince other jurors that that’s how you run a business and that they just didn’t understand business.

 

[4Waters]

If I did, I might just do that. Said business owner was trying to convince other jurors that that’s how you run a business and that they just didn’t understand business.

WTF!!!

 

[LargeOrangeFont]

Any idea who it was, slam his business.

That's just what we need.. terrorize jurors when we don't get our way.

This guy was gonna get a slap on the wrist from the jump. You are going to be hard pressed to find people that care about "rich guys" from "out of state" getting swindled out of their boats by a bad businessman.

 

[DRYHEAT]

That's just what we need.. terrorize jurors when we don't get our way.

This guy was gonna get a slap on the wrist from the jump. You are going to be hard pressed to fine people that care about "rich guys" from "out of state" getting swindled out of their boats by a bad businessman.

Had nothing to do with the rest of the jury one fucking scumbag businessman fucked up the whole deal. He’s a known shyster in Kingman.

 

[LargeOrangeFont]

Had nothing to do with the rest of the jury one fucking scumbag businessman fucked up the whole deal. He’s a known shyster in Kingman.

It only takes one. I'm not saying hes innocent or anything, but it isn't surprising to me that this is the outcome. However I figured there would be a plea and no trial at all.

 

[RiverDave]

So did the community finally learn that when there is smoke there is probably fire?

How long was there mumbling of sour deals that were dismissed by respected people that allowed even more people to be ripped off?

There is a lot of instanced where it doesn’t play out like that though..

 

[DRYHEAT]

It only takes one. I'm not saying hes innocent or anything, but it isn't surprising to me that this is the outcome. However I figured there would be a plea and no trial at all.

I am just irritated that there’s a plea being offered. But I really don’t know what kind of prison term he would get if he was convicted on all counts so maybe that would be a better deal anyway. My guess is the county is just trying to get over and done with it as cheaply as possible.

 

[LargeOrangeFont]

There is a lot of instanced where it doesn’t play out like that though..

Well of course... He's got to have a legit front to keep doing business.

He was not a dummy, he seemed to pick and choose the deals he took sideways.