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

[avs1dacup]

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?

3 years is the max. Since he's an athlete, and hasn't been in trouble before, he'll likely get probation and community service at the most, if found guilty.

 

[EdAVSfan]

I have no problem with people filing charges for abuse.

But from what I've read, third degree assault is categorized by "pain/injury." That, in its truest form, has no definition as to the level of pain. And as we all have different thresholds of pain, these types of cases are so hard to predict, and really judge when there are no witnesses.

What I do have a problem with, is when people seek civil suits, or financial gain. I find it tends to weaken their position in my view. Its no longer a person seeking just justice, but more a way to gain financially.

In my opinion, civil suits really only should be brought on when you can CLEARLY identify a financial loss caused by what has occurred. If someone can point out to me how in this situation, the GF is set to lose financially from this alleged assault, Id love to hear it.

And no, losing out Varly's money/allowance as his gf does not count as there is no financial obligation from him to her.

If you've been wrong, fight for your justice.
If your wrongings have caused you financial losses, or future financial losses, by all means, fight for it.

I just dont see it here.

 

[AvsRobin]

If he is found guilty, even if he escapes jailtime, will he ever play for the Avs again?

 

[5280]

If he is found guilty, even if he escapes jailtime, will he ever play for the Avs again?

Yeah, that I don't know.

 

[Sheet]

Depends on what comes out during trial.

 

[Avs For Life]

If he is found guilty, even if he escapes jailtime, will he ever play for the Avs again?

IIRC people were talking when this first came up and I SWEAR I remember them saying that if found guilty in a domestic violence case he would get deported.

 

[henchman21]

3rd degree is the lowest assault charge that can be brought upon a person. With that level of assault, there can be absolutely no sign of physical damage (so she could have no bruises) and she just has to convince a jury that some sort of event happened that caused 'physical pain' and was at least reckless.

The whole 3 years part, isn't true according to Colorado statutes. It is a maximum of 2 years, and that almost never happens. Probation and community service are more likely IMO.

Also, this is the maximum that they can try to prove on Varly in this case now. It is much more likely (especially because he has NO record) that if he is found guilty of something, it is a lower charge like misdemeanor harassment.

 

[K19*]

What are the chances he ends up in jail? I'd say like .0000001%.

 

[henchman21]

IIRC people were talking when this first came up and I SWEAR I remember them saying that if found guilty in a domestic violence case he would get deported.

It isn't cut and dry. He could be deported depending on what exactly he is convicted of, but it isn't 100% that he would be.

 

[Avsboy]

Varly should be cheaper to resign after these shenanigans.

 

[Avs For Life]

It isn't cut and dry. He could be deported depending on what exactly he is convicted of, but it isn't 100% that he would be.

Ty, maybe it was when there was kidnapping which was a felony that if guilty would have been a sure thing.

 

[Avs44]

If he is found guilty, even if he escapes jailtime, will he ever play for the Avs again?

If he lied to Roy and Sakic he won't be back.

 

[The Mars Volchenkov]

Think the Avs will suspend him now that charges have been filed?

 

[henchman21]

Ty, maybe it was when there was kidnapping which was a felony that if guilty would have been a sure thing.

Any felony will get a person deported. For Varly in this case, it really depends on what he gets convicted of (if anything) and how that is classified.

This site does a good job of describing it. If convicted of 3rd degree assault Varly will probably need a good immigration lawyer.

http://nortontooby.com/topics/domestic_violence

Here is a case of a guy pleading guilty to domestic violence and not being deported.

http://www.nashuatelegraph.com/news/995472-469/suspended-sentence-probation-spares-man-from-deportation.html

 

[Pokecheque]

I hate to complain about this, but I'm very, very disappointed in the Denver DA's office. Certainly not surprised though.

So, in essence, you're saying that you believe he assaulted a woman, but it wasn't that big a deal? Either charge him with something real or don't, but don't give him a slap on the wrist to save face.

 

[henchman21]

Think the Avs will suspend him now that charges have been filed?

Not for a misdemeanor. If he had been charged with a felony, I could see it.

 

[tigervixxxen]

I expected charges all along. The DA is not impartial. They could not have gone through that dog and pony show of arresting him without filing charges. The DA's MO is to charge as much as he can to get a plea bargain. Her story was enough to get charges filed IMO. A misdemeanor is nothing. If he wasnt high profile then this would mean nothing. If it goes to trial it will take at least a year of not more. I bet this gets settled somehow, she needs money. This shouldn't change the Avs stance on anything. They'll have to decide in the offseason if they want to give him a contract but by then they should know a lot more.

So pretty much with this charge they believe he grabbed her arm. NOT the elaborate story she told, which would be much, much worse of a charge.

 

[AvsRobin]

Ryan Parker ‏@ryanparkerdp 35s
Immigration lawyer tells me #Varlamov's assault charge could be a deportable offense if deemed a crime of moral turpitude, if convicted.

 

[Sheet]

Do we know for sure if its felony or misdemenor?

 

[tigervixxxen]

Misdemeanor, no felony charges.

I can't imagine if the Russian government has offered help before they wouldn't help with a deportation issue.

Also, if he pleas it down to something lessor say harassment, wouldn't that be "light" enough to get around the deportation issue?

 

[Avsboy]

Ryan Parker ‏@ryanparkerdp 35s
Immigration lawyer tells me #Varlamov's assault charge could be a deportable offense if deemed a crime of moral turpitude, if convicted.

Exactly the type of legal gobbledygook that made me leave law school in the first place.

 

[Crisp Breakout]

3 years is the max. Since he's an athlete, and hasn't been in trouble before, he'll likely get probation and community service at the most, if found guilty.

My understanding is that the max for him would be two years. Three years is possible if the victim is a "peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of his or her duties . . . ."

Mental health professionals qualify for a doubled sentence too.

 

[henchman21]

Ryan Parker ‏@ryanparkerdp 35s
Immigration lawyer tells me #Varlamov's assault charge could be a deportable offense if deemed a crime of moral turpitude, if convicted.

That is the key. It has to be a crime of moral turpitude. It is unclear if it will be with the current charge, or if the charge gets lowered to harassment. Tough to say until he gets convicted really.

 

[henchman21]

Misdemeanor, no felony charges.

I can't imagine if the Russian government has offered help before they wouldn't help with a deportation issue.

Also, if he pleas it down to something lessor say harassment, wouldn't that be "light" enough to get around the deportation issue?

The KHL will force him to be deported.

 

[Relaxedriley]

I hate to complain about this, but I'm very, very disappointed in the Denver DA's office. Certainly not surprised though.

So, in essence, you're saying that you believe he assaulted a woman, but it wasn't that big a deal? Either charge him with something real or don't, but don't give him a slap on the wrist to save face.

What do you suggest the DA do? Trump up some Felony charges? Charge him with kidnapping without any chance of convicting him of it? Drop all charges?

A woman says he attacked her, that woman had at least one bruise on her arm. Her motives seem strange, but there is enough evidence to go to trial.


I think the fact that the DA stuck with 3rd degree assault is good news for him. If the hospital had found the type of bruising that she was describing in the interviews he probably would have been charged with 2nd degree or worse. It sounds like it might turn into a he said she said.
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