Denver Post: The Varlamov Investigation: Part II *Read the MOD WARNING in post #1*

[ghostofweezman]

All there needs to be is reasonable doubt... and I don't know how one can't consider reasonable doubt. We'll see if any facts change that.

Based on past experience as a juror, the defense will hammer this point home hard I imagine. Proof of guilt, and not suspicion of guilt, is what must be established in order to reach a guilty verdict. At least the jury is *supposed* to function that way. Barring any irrefutable evidence in either direction, I suspect that this matter will likely devolve into a "her word versus his" case and be settled outside of court.

 

[Avs For Life]

Ryan Parker ‏@ryanparkerdp 7m
Update: Denver DA given Semyon #Varlamov case from @DenverPolice. Review taking time b/c interviews must be translated from Russian. #Avs

 

[raistlin76]

Ryan Parker ‏@ryanparkerdp 7m

Update: Denver DA given Semyon #Varlamov case from @DenverPolice. Review taking time b/c interviews must be translated from Russian. #Avs

Looks like case is now in Denver DA

 

[henchman21]

Well at least we will know if this continues and goes to trial, or if charges are not filed soon.

 

[AvsRobin]

What does this mean? More likely they have something on him or that they dont?

 

[henchman21]

What does this mean? More likely they have something on him or that they dont?

The prosecutors have gone through the case and given the charges they are wanting to try to prove against Varly. The DA has to establish whether the case has merit and decide with charges (if any) get filed against Varly.

 

[The Mars Volchenkov]

December 2nd is the deadline to formally press charges, so we'll know soon enough.

 

[Avs_19]

It's finally moving along. Parker says the deadline to press charges is Dec 2nd.

 

[zxcvnm]

The prosecutors have gone through the case and given the charges they are wanting to try to prove against Varly. The DA has to establish whether the case has merit and decide with charges (if any) get filed against Varly.

Considering the DA is a prosecutor, I'm not sure this statement is particularly clear. Isn't it that the police have provided the evidence in the case to the DAs office and now the DA has to decide whether or not to file the charges?

 

[henchman21]

Considering the DA is a prosecutor, I'm not sure this statement is particularly clear. Isn't it that the police have provided the evidence in the case to the DAs office and now the DA has to decide whether or not to file the charges?

That is probably more clear, but there is usually more involved in the process than just the police when it comes to the case. The police will work with members of the district attorney's office frequently to build a case. (At least this is how I understand it, a lawyer can probably chime in with a better explanation)

 

[Crisp Breakout]

What does this mean? More likely they have something on him or that they dont?

It doesn't mean anything really.

 

[MvpKinnon]

I'm not worried at all after reading that story. Thanks for the translation.

If there were signs of beating it would be very obvious. We wouldn't be sitting here waiting if the case was obvious. Also, it's very likely she has a drinking problem and digs gold for a living. They can bring people to testify against her. Including that Ellina girl and the ex Victor.

I had an ex who got violent pretty often when she was drunk. One time she had a bad day and I said the wrong thing at the wrong time and she kicked me right in the jewels. Then she told me to man up when I was lying in the ground, waiting for the pain to go away

 

[Foppa2118]

I'm not worried at all after reading that story. Thanks for the translation.

If there were signs of beating it would be very obvious. We wouldn't be sitting here waiting if the case was obvious. Also, it's very likely she has a drinking problem and digs gold for a living. They can bring people to testify against her. Including that Ellina girl and the ex Victor.

I had an ex who got violent pretty often when she was drunk. One time she had a bad day and I said the wrong thing at the wrong time and she kicked me right in the jewels. Then she told me to man up when I was lying in the ground, waiting for the pain to go away

I dont think you can subpoena a non US citizen living in another country.

The girl might be willing to testify, but it sounds like that Victor dude doesn't want anything to do with the case.

 

[Nihiliste]

I dont think you can subpoena a non US citizen living in another country.

The girl might be willing to testify, but it sounds like the Victor guy doesn't want anything to do with the case.

Too bad, maybe Varly's side can get him on board.

Would US courts even be interested in getting statements from people living around the world? How would that work

 

[FeedDaPuck]

I dont think you can subpoena a non US citizen living in another country.

The girl might be willing to testify, but it sounds like that Victor dude doesn't want anything to do with the case.

Actually the Court can subpoena anyone and anywhere, BUT a CO issued subpoena ONLY works in CO. Therefore, in order for them to bring someone out of PA, let's say, they would have to "validate" the subpoena in PA. Process is complicated and is not used fairly often. As you can imagine, the process would be even trickier when validating the subpoena in Russia/foreign country.

So, to put it simply, they will not subpoena anyone from another country. BUT, if the witness is willing to testify, then the Court will allow the testimony over some accepted medium (if the witness can not be present in Court) (see Zimmerman case as an example, where a doctor testified via Skype). Or, if the State or Defense is willing to pay for the witness to come over for testimony, then that witness will simply show up.

MOD

 

[AvsRobin]

Anastasiya Bolton ‏@abolton9news 18m
Breaking: Avs goalie Semyon Varlamov to be charged this afternoon w 3rd degree assault, a misdemeanor. @9NEWS his gf accused him of abuse.

Shawn Drotar ‏@sdrotar 3m
#Avalanche G Semyon Varlamov will face up to 3 years in prison if convicted of 3rd-degree assault. Now, it's time to let the case play out.

Shawn Drotar ‏@sdrotar 1m
Varlamov is due to appear in Denver county court on Dec. 2 at 8:30 pm.

 

[Bubba Thudd]

8:30 pm seems a bit late for a court appearance...

 

[member 116861]

As someone who knows nothing about the law, what does this exactly mean?

 

[Bubba Thudd]

3 years if convicted?

This site says differently:

http://www.colorado-criminal-lawyer.com/felony_cases/assault.html

Penalty by Degree of Crime


Charge -- Degree of Crime -- Penalty
First Degree Assault -- Class 3 Felony (F3) ** -- Mandatory 10 Years **
Second Degree Assault -- Class 4 Felony (F4) ** -- Mandatory 5 Years **
Third Degree Assault -- Class 1 Misdemeanor (M1) -- Possible 2 Years

** Unless there was provocation for the Assault, or "Heat of Passion." (below)

 

[Avs For Life]

Ryan Parker ‏@ryanparkerdp 1m
#Varlamov is charged with one count of 3rd degree assault. Kidnapping charge was dropped. #avalanche

Bold is a step in the right direction...but 3rd degree assault is still pretty bad right?

 

[AvsRobin]

"Colorado defines Third Degree Assault as "knowingly," or "recklessly," causing bodily injury to another person. Pain alone satisfies the "injury" requirement, even where there is no actual injury."

 

[AvsRobin]

Ryan Parker ‏@ryanparkerdp 1m
#Varlamov is charged with one count of 3rd degree assault. Kidnapping charge was dropped. #avalanche

Bold is a step in the right direction...but 3rd degree assault is still pretty bad right?

Well, it's better than 1st or 2nd degree, but.. it's not good.

 

[Avs44]

Ryan Parker ‏@ryanparkerdp 1m
#Varlamov is charged with one count of 3rd degree assault. Kidnapping charge was dropped. #avalanche

Bold is a step in the right direction...but 3rd degree assault is still pretty bad right?

The third degree assault charge was to be expected I think. Unless the DA had concrete proof the girlfriend was lying I believe he had to proceed with it.

Third degree assault is an extraordinary risk crime that is subject to the modified sentencing range.

Third degree assault is commonly charged in situations involving minor physical altercations that do not involve apparent injury but do involve some degree of physical pain. Third degree assault is often charged in situations alleged to involve domestic violence, for example when a wife says that her husband hit or pushed her, or vice versa, and it hurt.

 

[5280]

Well, it's better than 1st or 2nd degree, but.. it's not good.

3rd degree assault is nothing in the whole big scheme of things.

 

[S E P H]

3 years seem like a lot.

How come certain throwball players charged with assault only get a slap on the wrist? Do they have a chance of getting three years in prision as well, but the judge just gives them classes, probation, and community service?