California Man Faces Life in Prison for Stealing $.50 Pack of Donuts

“It's just that my brother did so good for years and years and he took people from prison into his Christian home."

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February 2, 2008 at 7:15 pm - KGET-TV
Dateline: Bakersfield, CA
Blogger1947   February 2nd, 2008 - 10:14 pm

Two words for you jackasses who want to throw this guy under the jail: “community service.”

I swear to God, murderers and rapists get their charges plea bargained away, while this hapless doofus becomes a permanent guest of the state.

Don’t any of you see even the slightest problem here?

Joseph   February 3rd, 2008 - 2:58 am

So stupid. What about his other two strikes? If he’s stupid enough to steal donuts, he’s not smart enough to stay out of trouble.

He’s not spending 77 years in jail for stealing donuts – he’s spending 77 years in jail for committing two felonies AND stealing donuts.

What were his other two felonies???? Robbery!!! He’s a career criminal who has stolen three times now. Three chances to “reform” is plenty of chances. Time to pay the piper.

Scott   February 3rd, 2008 - 3:35 am

Hmm… what were his OTHER strikes for? Robbery. A three time loser. Put him away for life. There are no “small felonies”…. So it wasn’t violent. oooooOOOOOOoooooo… give him the key to the city…

dee   February 3rd, 2008 - 5:55 am

What do ya think folks, maybe some time yea maybe some years, but 77 years, the system is broke if this is just. Maybe he’s a white repub that’s why their doin this. It’s cali what do you expect…I’m sure if he were a celeb he would be home drinkin an espresso buy now.

SoCal Patriot   February 3rd, 2008 - 6:39 am

“But Kern County District Attorney Ed Jagels said Fassbender has earned his third strike, with two previous felonies dating back to 1977 and 1999 for robbery.”

Kern County, no wonder. I know a person, from there, that got 25-life for little bag of dope because it was his 3rd strike. California recently voted on making the 3-strike law only apply to “violent” offenses” but the people voted the other way.

Ed Jagels is famous there for this kind of thing…

Nate K   February 3rd, 2008 - 7:04 am

I hate deceiving titles, i mean come on….this is a 2 strike offender, he knows the rules, and what he shouldn’t do. My question is who turned him in for such a stupid theft? They should have said leave and never come back. But IMHO No he shouldn’t go to jail for such a long sentence, THIS time, but it would appear that breaking the law is what he does, and he should pay for it, fifty cents or not.

kelly   February 3rd, 2008 - 4:34 pm

I thought each strike had to be a felony? Since when is stealing .50 worth of donuts a felony?

Anyway, we can thank Arnold Schwarzenegger for foolishly campaigning against 3-strikes reform that would have prevent such harsh results. He attached his face to a blitz of commercials just to get elected.

[...] read more | digg story [...]

[...] here to see the [...]

A.S.   February 3rd, 2008 - 6:38 pm

Okay, all of you self-righteous pricks, I’d like to know which ones have NEVER fallen short of your potential and found yourself in trouble. This man has only had 3 offences in 30 years, I would hardly call him a “career criminal” deserving of a 77 yr life sentence.

What is this country turning into – a bunch of savages with no compassion or understanding? I hope your freedom is compromised for making a minor mistake. See how you feel then.

Life in Prison for Stealing Donuts! - eXceem   February 3rd, 2008 - 6:43 pm

[...] because of that third strike rule they have. His third strike was stealing a pack of donuts lol. Breitbart.tv » California Man Faces Life in Prison for Stealing $.50 Pack of Donuts __________________ Don’t forget the reputation feature. It’s the little blue button in the top [...]

Noneofyourbusiness   February 3rd, 2008 - 7:04 pm

Id give him six months at the MOST i mean he obvioulsy hasnt learned his lesson but he doesnt deserve life.

Dax   February 3rd, 2008 - 7:42 pm

Only in America – It never amazes me at the stupidity of the Americans but, this time you have

You’re behind China and Iran for Human Rights abuse

Dazed and Confused » Don’t Steal Doughnuts!   February 3rd, 2008 - 8:01 pm

[...] this will happen to [...]

guerro   February 3rd, 2008 - 8:28 pm

Kelly:

In CA theft with a prior conviction for theft is a felony. He recently had a theft charge reduced from theft with a prior to just theft. They gave him chance after chance. Now he has to pay the fiddler. He is a tweeker anyway and longs to be behind bars. Otherwise he would have kept his nose clean.

Besides all that, I don’t know where in CA you can buy a bag of donuts for $.50 They are at least a dollar.

GuitarHeroGirl   February 3rd, 2008 - 9:32 pm

I think this just shows how stupid our government can be! If he paid for his last crimes then let it be at that. If he stole this because of whatever issues, then make him get help, or community service, but not 77 years for something so dumb. Why don’t you start putting away murderers and such instead of a donut thief! God help our nation!

clark beer   February 3rd, 2008 - 10:37 pm

seriously the guy is on the third strike what the other two are for is somethingelse, I know that if i was on two strikes i would freggin behave and conform to the norm.

plus i am a jedi master and i can levitate things with my mind

Rob   February 3rd, 2008 - 11:31 pm

Only in the great Golden State!!!
The rest of the country is too civilized to go thru with something like that.

Balt   February 3rd, 2008 - 11:49 pm

According to the video the donuts theft was actually his 4th strike – he recently had 3rd theft conviction that the prosecutor downgraded from a felony to a misdemeanor so he wouldn’t get life under the 3 strikes law.

Not content with the second chance the prosecutor JUST gave him, this loser went out and got caught stealing yet again. This guy is a multiple offender who will not stop stealing! Note that his family also hinted that he’s on drugs…

Stu   February 3rd, 2008 - 11:54 pm

How many felonies has EITHER of the Clintons Gotten away with! Both of them should be in Prison more so then this bonehead moron.

the Dude   February 4th, 2008 - 12:49 am

What don’t you understand – he is going to jail after multiple felony offenses, not just for stealing donuts. Go to jail, do not pass go, it’s over – goodbye and good riddance. One less criminal a-hole on the streets.

Madfoot   February 4th, 2008 - 2:09 am

So in other words, he stoles something in ‘77, another twenty years until his second offense, and then steals donuts and gets arrested, then we have all these people here saying how he deserves it. Are you telling me you’ve never done anything illegal yourself?

Entenmann   February 4th, 2008 - 2:12 am

Yep, he had two strikes against him.

Although he paid the piper and served his time for his former crimes, we now know he’s a bad person, and he should be treated as a second class citizen.

I have no sympathy for second class citizens. They deserve a different kind of justice than you and I do. From now on, if they make the slightest mistake, they should spend the rest of their lives in prison.

I’m just glad that the American pastime (baseball) uses three strikes and not four strikes for batters, or we would have had a “four strikes you’re out” law and this doughnut stealing scum would still be walking the streets and none of our doughnuts would be safe.

Hungry   February 4th, 2008 - 2:18 am

What the heck…shoulda’ stole some hot coffee and a newspaper to go with them donuts…make it a 5 striker

Bob   February 4th, 2008 - 2:39 am

Joseph.

He served his other 2 felonies. 3 crimes in 30 years isnt a career criminal.

anon   February 4th, 2008 - 2:56 am

i was thinking of stealing a pack of skittles yesterday…

Vince   February 4th, 2008 - 3:20 am

Come on most of you have committed multiple felonies stealing media online. Yet you want to make out like this guy stealing donuts is worse than the thousands of dollars worth of songs, movies, and software you’ve stolen. Maybe those that have done this should turn yourselves in and tell them you should get life.

CJ   February 4th, 2008 - 3:51 am

You Americans…Jesus Christ.

Ummfada   February 4th, 2008 - 3:59 am

No One Steals Chuck Norris’ Donuts!

IDGAF   February 4th, 2008 - 4:58 am

So all of you that are calling for the guy to get thrown in jail for the rest of his life are fine with the fact that your tax dollars are going to subsidize it? While I agree it is stupid for this loser to keep screwing up I would rather my tax money be spent some other way. This guy is going to spend 77 yrs in prison, that is 28,105 days not counting leap year days. The average cost to house a prisoner as of 2004 was $62.60/day. That comes to a total cost of $1,759,373.00. Now while you may not like it, if he is a non violent offender it would seem to make more sense to keep prosecuting him on a per offence basis then to house him for the rest of his life. Hell, like someone else said give the schmuck community service and make some money from him.

Jon   February 4th, 2008 - 6:00 am

If he were a celebrity, he’d be out in 0.00000001 seconds.

But this is Stalinist America. 50 cents worth of food is just plain greedy and wrong.

Adrian   February 4th, 2008 - 9:01 am

This is just to get the attention of everyone meanwhile the government f!@#$%^s us!!!! enjoy!!!

rob   February 4th, 2008 - 9:53 am

Mary Winkler killed her husband with a shotgun, shot him in the back while he was asleep, in cold blood and served less than one year. Jonny Cochran was right “The color of justice in America is green($).

Joe   February 4th, 2008 - 3:19 pm

this could go to the supreme court becuase this sentence obvoiusly violates the 8th amendment, Cruel and unusual punishment

hate am   February 4th, 2008 - 3:20 pm

californian justice system don’t have brains or hearts or F–K common sense, Fu-k the american government, people PLEASE unite together and get screwed by your government.

news and updates -- Glantz’s Blog   February 4th, 2008 - 6:19 pm

[...] LIFE IN PRISON FOR STEALING DONUTS .50 cents worth.  Just stupid.He thought that he paid for them, but according to California’s third strike rule, he goes for life in prison. just crazy. [...]

Get Real   February 4th, 2008 - 7:10 pm

He is NOT going to prison for the donuts! He is going to prison for not paying attention! He knew full well that one more mistake would mean life in the cage. One would think that if this guy really cared about his life he would have been more careful!

LOCK HIM UP! Either he does not give a rip or he is too stupid to think. Either way, we do not need him on the street anymore.

david, in Big Bear Lake   February 4th, 2008 - 8:17 pm

well, in Iran he would have no hands. ( they are about to stone two women to death) so I am still glad to be a Californian. He will have plenty of time to pray and read his bible in prison, and he will be less likely to get on drugs again.

I am sorry for him, but we are so weak on justice that when a sentence is handed down, it looks harsh.
it’s not really.

Tony Cee   February 4th, 2008 - 9:33 pm

Why does he deserve yet another break? As the victim of a violent crime I say lock his ass up. After I was shot I never regained the full use of my arm. This dumb bastard gets three chances. I wish it was the same with paralysis.

Jack Spratt   February 5th, 2008 - 10:49 am

Waaah! So was Mussolini a good father. They weren’t paid for jackass! Lock ‘em up. How about the drugs he takes ? Not intentional. How about the other peoples lives that he changed forever? Waaah! So join him in the can.

Sue   February 5th, 2008 - 2:24 pm

Your 2-time loser DAD was a bad father too, since he taught you that it’s ok to eat the merchandise before you’ve paid for it.

It was totally intentional, you fool. He INTENTIONALLY ate those donuts.

He’s trash, and so are you. Deal with it.

Jim Deen   February 5th, 2008 - 6:47 pm

Why didn’t he pay for them? It’s was only fifty cents. Did he not have money? Who goes to the store with no money? Shop lifters? Something smells fishy.
Mr. Jack &*%$ is not as innocent as he thinks he is.

Sue   February 5th, 2008 - 10:20 pm

Dannielle, you might want to learn your e-mail address.

Geez. Moron father, moron daughter.

Mike   February 6th, 2008 - 1:12 am

Gawd D*am*n… if he was Muslim ..Off with his f*uc*k*ing hands. Case over!!!!!!!

farmer   February 6th, 2008 - 4:27 am

I’m real sorry about your Dad. Things are changing and he stands a good chance of getting out before long- this can’t go on forever. America is over and all these hypocrites will be the first to go.

I’m sure its better in Persia and China, which says something about you despicable heathens.

Jack Spratt   February 6th, 2008 - 10:36 am

Your mom’s a heathen. You are just guessing about Persia (which technically doesn’t exist,it’s Iran now dumby) and let’s hear it for China Hurray! Move there then try putting a comment up on a blog. Not gonna happen Jones. You are just another America hater/basher. Free speech reigns supreme here but not in China or your Persia. People get to vote here. When the majority of people see fit the laws will change until then bite me FARMER! Ha ha

Hermy Newton   February 6th, 2008 - 8:04 pm

My parents never committed felonies to shut their rugrats up . I guess you come from a different belief system. I can see him now. High as a kite, not thinkin’ ’bout anything in particular. He fixates on these donuts because by now he has the munchies. He picks up the shiny package and hears the familiar crinkle. Immediately without thinking he shoves the whole pack in his face. Yummy.
He’s a nut alright. He’s also a flake , shopping without money. Since he’s been to prison a couple of times I’d say he’s probably a little fruity as well. He made his bed. Turn out the lights Mike!

I'm a dad   February 6th, 2008 - 8:08 pm

No, STUPID, I haven’t! Nobody gets ANYTHING until it’s paid for. That’s called ethical behavior; something you can’t comprehend.

A GOOD parent doesn’t give their kids food to “shut them up”. Moron.

You’re a loser.

“Haven’t you parents ever been in the grocery store and given your lil’ rugrats a candy bar or even *gasp* a pack of donuts to shut ‘em up, and then forgotten to pay for them when you got to the checkout stand? It happens all the time!”

JohnnyLaw   February 6th, 2008 - 9:12 pm

MY DAD, didn’t intentionally steal the freakin donuts, he was standing in front of the register eating them for goodness sakes. It wasn’t intentional…

*******************************************

So he didnt intend to eat them without paying, it just happened that way? Why didnt he accidentally not eat them and pay first? Criminals make bad choices….and criminals always have an excuse.

Mike in MD   February 7th, 2008 - 3:22 am

Okay, the guy fornicated in a skyward direction…no question about that. I’m as much for sending thieves to the slammer for a long, long time. But for a .50 cent pack of donuts?

Haven’t you parents ever been in the grocery store and given your lil’ rugrats a candy bar or even *gasp* a pack of donuts to shut ‘em up, and then forgotten to pay for them when you got to the checkout stand? It happens all the time!

How about exercising just a little bit of common sense? Oh wait…I forgot…this is California we’re talking about…the land of fruits, nuts and flakes.

Jerome   February 7th, 2008 - 6:34 am

To Mike in MD- you are the guy who speeds or gets caught for tailgating and sniffles and points to everybody else who’s doing it tries to justify it that way.
I watched it, too, and it’s strike 4, not strike 3. They cut him a break on the *real* strike 3, but the media buries the part about that in the story where you barely catch it if you aren’t listening. We hold our media a little more accountable here in DFW.

Jack Spratt   February 7th, 2008 - 6:43 am

Hey Mike in MD
How’s the crime rate in Baltimore?
I’ll just bet you don’t live anywhere near there you bleeding heart hippocryte.
Why don’t you grow a pair and move there before your bleedin’ heart gives out. YOU ARE CLUELESS!

Mike charles   February 7th, 2008 - 8:05 am

This clearly is not right. Those of you that think this is “just” are wrong. There is no point in discussion. The USA has one of, if not the worst, record of jailing its population in the world. US citizens no longer have the guts to be free. But a fear that forces them to lock up people like this. This makes US Citizens look like scared children. The world used to look up to the US for their love of freedom, now the country looks more and more like a bunch of sheep that wants the Shepherd goverment to take care of them. When I was in the US military we used to say “Better dead than red”… now it’s “better safe than sorry”. It’s sad.

James   February 7th, 2008 - 2:06 pm

As is typical of Calif. they talked about the drugs he had “battled” with as if the big bad drugs were another person- like those SUV’s which mysteriously take on a life of their own and take their owner’s for a ride and run over a yugo, and it’s the SUVs fault- NOT. Secondly- for all of you first grade math dropouts, the story said this was his FOURTH offense. #3 was a couple months prior, but they felt sorry for him and made it a misdemeanor. So, it’s ball 4, but he doesn’t “walk” on this one. You guys act like “the man” is keepin him down or something. When you’ve committed a crime, it’s tough luck, you KNOW you have to watch your p’s and q’s, and he DIDN’T- and STRIKE 4 YER OUT! And for the person who said their friend had a ‘little bag’ of drugs- wrong is wrong, the law is not “grey”.

Jack Spratt   February 7th, 2008 - 6:06 pm

Hey Mike charles ,
Have you ever been robbed?
Have you ever had your house burglarized?
Well I have.
You might think that people can do whatever the hell they want, they can rob murder and pillage in the name of freedom according to you.
Jeez what a great world that would be. Sounds like Africa these days.
No point in discussing this, right. What the hell does being in the military have to do with it? I was in the U.S. Army. It didn’t stop miscreants from robbing me and violating my house. I imagine you can take care of yourself because Uncle Sam taught you to shoot gun, bang bang.
Why don’t you go down to the local prison and adopt one of these guys. But you don’t need to to, have big gun, bang bang , take care of self, bang bang.

Chriss   February 8th, 2008 - 2:21 pm

Tell ya what, I will give him a free doughnut if he promises to stay out of trouble once an for all.WTF????

SET   February 8th, 2008 - 5:54 pm

3 strike him and get him off the streets for good. The whole point of 3 strikes is to clense our streets of violent professional criminals. He’s a robber who apparently is still continuing his anti-social lifestyle despite corrections and despite all the rehab we cram into these tweaker druggies. He’s not going to the big house for the donuts. He going because robbery after robbery he’s still a street criminal. We don’t want these people walking around our streets and we don’t need them free to reproduce either. Prison stops both things.

Anyway, under CA law a judge in his/her discretion may strike any or all of the strike priors at sentencing so this criminal most likely will have all but one strike struck by the Judge and only get double the term for the felony shoplift, or 2 x 3 years for only 6 years, less early release credits. It takes that long to get off Meth anyway. So don’t cry for him, you don’t see him crying for himself – he knows what the going rates are and he’s not scared.

SET   February 8th, 2008 - 6:12 pm

I love the part where the rap sheet is help up to the camera and you see the notation “record too large for transmission”.

The whole point of 3 strikes is to eliminate from our streets criminals who have at least 2 violent or serious felonies and then persist in committing another felony no matter how trivial. This man was warned about 3 strikes every time he was in court with those robbery priors since 3 strikes was passed ages ago. He just got a deal on his most recent shoplift and he’s at it again. CA makes shoplifting a felony if you have a prior and if you have ever worked in a store you know how dangerous these people are – they often are high and armed when they shoplift and they cause stores to close or go under.

If they give him the same deal they did on the last shoplift he’s obviously going to just keep doing it. Too bad his daughter has no insight on CA crime and punishment. But her Daddy has to go. He’s lost his sidewalk priviledges. He’s just no good. He needs to go live in prison because that’s where criminals live.

Wynn Chell   February 8th, 2008 - 9:57 pm

If these were Jelly filled they should send him to the gallows. Standard sugar donuts are enough punishment.

Bobby Fassbender   February 9th, 2008 - 8:10 am

none of these fools posting what there saying know anything. first of all get a life for going back and forth argueing with the computer. second before you say something about my dad how about you get to know him or something good that hes done. 3 strikes? cool a freakin pack of donuts shouldnt be a strike morons. if you guys are afraid of a guy who still donuts and want him off your street then WOW you have some problems and his family would GLADLY meet up with anyone to (talk) it out. you all who think your something please email me personally BOBBYFASSBENDER831@YAHOO.COM and i would be happy to show you how stupid you really are.

Bob Price   February 9th, 2008 - 7:16 pm

Come on Mr. District Attorney; the intent of the law can not be served by pursuing this case. In a state that has 10 million Illegal Aliens committing multiple felonies surely even a hard ass district attorney can see the common sense in making this a community service sentence. I travel to Bakersfield all the time. Have you seen the trash on the side of the road. Somebody wake these people up to not only christian charity; but, to common sense surely there is still some sense left in California.

Joel Leeair   February 10th, 2008 - 1:20 am

Please pass this on to the defense attorney and the prosecuter. I was with Mr. Fassbender that night. I told him I’d pay for the donuts. I was momentarily distracted and I guess I didn’t pay.

CaliforniaSucks   February 10th, 2008 - 4:08 am

Stupid is as stupid does.

Gov. Terminator sez we have so many people in prison for misdeanor, nonviolent crimes that the state is going broke. This is why he wants to early release 23,000 nonviolent criminals — mostly all for ganja or petty theft.

Reading these comments, it would be great if we had a time machine so we could send most of these junior fascists back to Germany in 1935 — its where their rock heads belong

Jack Spratt   February 10th, 2008 - 6:39 am

Your Mom sucks.
The state is going broke because of all the government unions. Government union people make more money then people that actually have to compete. They have wonderful pensions that I can only dream of. All paid for by taxes. The end is near my friend. Yes California does sucks and more petty criminals on the street will not help. That is why I don’t give a crap about people like you or petty criminal losers who can’t get it together. I hope they lock his ass up and throw away the key!
I wish more people like you lived in the inner city. You might make a difference but odds are you wouldn’t last long.

david johannsen   February 10th, 2008 - 8:37 am

Please pass this on to the defense attorney and the prosecuter. I sent 50 cents in an envelope to the store and told them Mr. Fassbender would be by to pick them up. I called mr.fassbender and told him to go ahead and get them because I already paid for them and they knew he was coming. I also told mr. fassbender to eat some if he wanted. This is all my fault and I am willing to testify to that and am willing to pay for any court costs in this terrible misunderstanding. I guess the clerk who got the money wasn’t working that day. Again, its all my fault and Mr. Fassbender is innocent and I am willing to testify to this under penalty of perjury. Please contact me if you need my help. Also when I first told the prosecuter about this by telephone, he hung up on me. When I called back, he was asking me all kinds of questions about whether or not I liked kiddie porn. I am not sure why he would ask me such a thing. Is he married? Man what has our civilization come to? This prosecuter needs to be drawn and quartered. 77 x 30,000 dollars a year for 50 cents. wow. Man Im so glad I am an old man and gonna check out soon. America has lost its way.

eak   February 10th, 2008 - 3:16 pm

It will be a cold day in hell before the three strikes law is passed in another state. Just one more example of how the abuse of power has gone amuck.

Charles   February 10th, 2008 - 9:13 pm

And to attack the Fassbender family right now, regardless of what they post, or how you feel about this makes you a heartless piece of garbage, and childish.

Decker   February 10th, 2008 - 10:27 pm

I want to know where this store is so I can get me a whole bunch of those $.50 a bag donuts.

Book’im

Charles   February 11th, 2008 - 4:33 am

iI agree w/ Mr Fassbender. Three strike rule is fine. Paka donuts shouldn’t be a felony, no matter what you do wit em.

Scott   February 11th, 2008 - 8:20 am

Life in prison makes no sense — execution would be more economical.

Geoffrey   February 12th, 2008 - 3:47 am

If you watch then entire clip to the end, you will see the DA explain this man’s prior record and the fact that he was just caught and given a break on his “3rd arrest.” This latest is actually his fourth, but his prior rap sheet is shown to be “too long for display.” I was an investigator for 35 years; looking into this guy’s face, I want him put where he can’t pull a trigger, because I’m certain it may definitely be in his criminal repertoire. Besides. Who Cares?

clyde   February 12th, 2008 - 9:11 am

I remember the first time I read the story, he had assaulted the store clerk when she/he tried to stop him…the guy’s a dirt bag who can’t control himself

Rosie   February 12th, 2008 - 2:27 pm

There should be no jails. Only electric chairs. That is the only true deterant to crime.

shary.l   February 12th, 2008 - 6:42 pm

He must be a happy boy today! What a great feeling.

Homer Simpson   February 13th, 2008 - 11:49 am

Joseph – “He’s a career criminal who has stolen three times now”.

I envy him his “career”. Ummm…donuts! Ummm

I hope at your judgment before the great judge in the sky you get a little more mercy. I’m sure you’ve stolen a thing or two in your life.

Claude   February 13th, 2008 - 6:14 pm

This fool is not getting 77 years for stealing donuts. He is getting life for being a carrer criminal. Lock him away and throw away the key, or execute him. Death penalty reform now! Should be conviction to execution in 1 year or less.

jt   February 13th, 2008 - 7:27 pm

I would think stealing a .50 packet of donuts would be a minor offense not a felony. That said, the guy should be punished, but not life. I think the 3rd strike rule is for 3 felonies, isn’t it? Bottom line is he shouldn’t do life if the third crime was stealing some food, however, he should be punished for it nonetheless.

Big D   February 13th, 2008 - 9:16 pm

Folks, ya gotta be kiddin’ me… I don’t know whether to laugh or cry. This is ri-dadgum-diculous.

First, Bobby has a much longer “rapsheet” of GOOD things he’s done in his life. You don’t know that because you don’t know Bobby. I know, firsthand, of many people he has pulled back from the edge of a life of crime or drug addiction. For you to pass judgment is lame, weak and beggarly. Would you like someone to pass judgment on you like this? I’ll take bets that every goober who has posted on here, including me, has some items in their past they hope STAY in the past…forgotten, or never discovered.

Second, he’s already done the time for the previous arrests, and this was NOT a recidivistic recurrence. It was a mistake. Bobby’s a gregarious guy and I’ve spent a lot of time around him and if there are people to talk to and he’s joking around, he could forget his head if it wasn’t attached.

Third, that this ever made it to court, even in the “fruits-and-nuts” state, is laughable and ludicrous. Thousands, or tens of thousands, of dollars were spent, time wasted, media circus, friends and family hurt…over $.50 I’m incredulous at the whole thing… dumb… wasteful… petty…

California’s state gov’t should backhand this local gov’t and its prosecutor. They should sue them for the money wasted on this.

I’m not saying Bobby gets off with no slap on the wrist, but that should be the extent of it. Have him pay for the item and do community service. And then…GET OVER IT! Frickin’ weiners…

Cleo Genaro   February 15th, 2008 - 2:06 pm

He should go to jail for costing this state tens of thousands of dollars. Every gregarious guy that jokes around and steals should go to jail for theft. He is a career criminal. What are you hiding? He’s not going to jail for the donuts it’s the fact that people can’t go around breaking the law any time they feel like it. Why don’t you produce his entire record and post it? Post his entire record. Let his criminal record speak. What are you afraid of? If he is such a great guy let’s see his entire record. Calling people “Frickin’ weiners” will not help your cause. It just shows your contempt of people that hold an opinion that differs from yours. Talk about intolerance. I hope he od’s before he gets to prison.

David Alan   February 15th, 2008 - 6:03 pm

He was convicted twice before, which mean he probably committed 200 crimes before. How many crimes did he commit before being arrested for stealing donuts? Ten, 25, 250?

He is a career criminal.

Throw away the key, and let him be a devout Christian behind bars.

Hamm Berger   February 17th, 2008 - 6:53 pm

Ok, here’s the answer: if he’s convicted of the donut theft, then release him on time served. THAT’s the answer. Period.

Oh, and put the DA in for 77 years. He deserves it for his numerous strikes–probably a lot more than three.

robby   February 17th, 2008 - 8:05 pm

The case was dropped, no jail for bobby.

TomF   February 18th, 2008 - 7:32 am

Three-strikes laws are wrong because they allow no room for mercy or judges to think. Plus, as has been shown in this case, it could result in people NOT being charged with a felony because authorities are reluctant to “third-strike” someone.

Regardless of the facts of this case, justice is supposed to err on the side of mercy. To tie the hands of the courts and force them to impose a LIFE SENTENCE based soley on the number of felony convictions is neither merciful nor just.

DR Nick   February 18th, 2008 - 10:22 am

How would you like to have Ed Jagels as a Father. Think of that. You would have to cut down the trees and hide the rope around the house because you raided the frig. A donut- this poor guy!!
if he had money and a good ( expensive Lawyer) ED Jagels would be busy hanging someone else. Get ready Taxpayers this will cost more than 50Cents. Ed – whatever may of happened to you as a child (it’s over) Don’t be so angry – it’s OK -No Really

defender   February 18th, 2008 - 7:40 pm

We do seem to put too many non-violent people in prison. I’m not excusing bad behavior, but it is very hard for people who have served their time to keep out of trouble because the stigma of felon and ex-con follows them relentlessly. A 30 year old relative of mine was convicted of passing a bad check when he was 18, and still can’t get a good job, vote, get credit, etc. Yes, it was his choice, and personal responsibility needs to be taken, but walk in their shoes, and you will se we are too harsh, and inviting people to return to the system.

On the 3-strike law, this was implemented because judges were giving out illogical and inconsistent sentences and people saw this and took the decision process from them. But unless each case is evaluated individually and sensibly, we are back in a worse situation of unequal justice than before. In this day and age you still see headlines that boggle the mind: i.e. Pot possession; 10 years. Gun robbery; plea to misdemeanor, 1 year suspended, community service. If things were done more logically and fairly, people would understand.

Peggy   February 19th, 2008 - 12:05 am

Lets get some perspective here folks. It is not about donuts. It is about breaking the law. It is about actions and consequences. The problem with our society is that people don’t want to reap consequences. Lets cut off his hands…that would be cheaper for us taxpayers, then lets go into the prison and cut off whatever to those in there.

joe   February 19th, 2008 - 3:50 am

Life for a pack of donuts? Pretty stupid. He should have stolen something bigger.

DAVE   February 19th, 2008 - 3:10 pm

Prison or Jail should actually accomplish something. Putting this guy in jail forever because of this will accomplish nothing except running up our tax rolls. Keep the guy in jail for awhile, make him sweat, but sending him for life is utterly ridiculous as it accomplishes nothing. The cops should be out there going after real criminals, not this petty stuff.

Holt   February 19th, 2008 - 5:56 pm

“Where he was arrested for not paying for some donuts that he ate that he didn’t pay for”

Mmm, that’s some fine journalism!

The fact that this is even debatable shows how stupid some people are.

Jack Spratt, eh? Like the nursery rhyme. You argue like one who’s read nothing more complex.

So what prison is he going to if he’s charged, a gymnasium or Iowa?

Dave in Norcal   February 19th, 2008 - 6:24 pm

The idea that he “only committed 3 crimes in 30 years” is insane. A small number of people commit the vast majority of crime against people and property. Get him off the street and watch how much crime simply goes away. Anyone who thinks that he hasn’t probably stolen a pack of donuts every day for the last 10 years is a fool.

I think he needs to be let out so he can kill the kind of person he hangs out with.

the Q   February 20th, 2008 - 4:03 am

So, we the taxpayers, at $50,000 per year will spend over $1 million over a pack of donuts.

Whats next? All second offense DUI drivers should be put to death. Too bad W didn’t get caught in california or he could’ve been executed.

On second thought, maybe thats not such a bad rule.

Also, death penalty for all parking tickets. That will stop crime.

bc   February 20th, 2008 - 9:45 am

Jesus Christ. And I thought Texas was harsh….move over Austin….CALI’s comin’!!!!

If Cali can go back to 1977 and paste it to this guy’s three strikes your out, then we should be able to get OJ on SOMETHING!!!!!!!

Vascone315   February 21st, 2008 - 8:07 am

California!
Where illegal aliens are rewarded and embraced after they..
#1 Cross into the U.S illegally.
#2 Steal someones identity.
#3 Drive with no licenses or insurance.
#4 Those who do not steal identities – do not pay
taxes, nor do they reinburse the state for medical costs. Do you think all those babies are delivered free????

So ok, if your a white male today, and commit a non violent crime your eligible for prison…
if your a border jumper, you get rewarded ?
Sounds like California sucks to me!

Cliff   February 21st, 2008 - 8:44 pm

This process is in fact totally absurd… but how about some solutions?

Lets see… the company or owner of the store where this messed up man stole these donuts from could drop the charges on him and have this man work for a day for this store being supervised by some of the people of the community so he doesn’t steal again. Maybe some of the ones that had the time to protest on the street or even his brother or mother, which is a better idea!

Couple of thoughts from scripture:
Proverbs 6:30-31
“People do not despise a thief if he steals to satisfy himself when he is starving. Yet when he is found, he must restore sevenfold; He may have to give up all the substance of his house.â€Â

Now I don’t think he was starving, but the context is work it off. So let this man restore 7 fold to the store by working for a day without pay under the supervision of his brother and mother so he doesn’t steal again; what do you say?

Ephesians 4:28
“Let him who stole steal no longer, but rather let him labor, working with his hands what is good, that he may have something to give him who has need.â€Â

Scripture still has solutions to the stupid decisions man makes in this modern world of ours.

This solution sounds cheaper for tax payers, puts responsibility for his crime upon he and his family and undoubtedly fits the crime better than 77 years… just a thought.

Steve Barr   February 24th, 2008 - 9:17 am

Murdering, raping, drug dealing, serial offenders come to this country every day. New name, identity and freedom. A U.S. citizen, typically male, is FOREVER maligned for what amounts to nothing. HE pays for spitting on the sidewalk for LIFE. NEVER a chance for equality again.

How many of you people ever walked by the grapes in a grocery store and “taste tested” them. OFF WITH YOUR HEADS!!!! Especially if you did it twice or three times!

At what point will we realize real crime???

Laura   February 24th, 2008 - 9:21 pm

“It’s just that he thought the person paid for it…for the donuts… in the store”
WHO exactly is “the person”? Isn’t he then stealing from THEM rather than the store?
I am honestly baffled about whey he WOULD steal them- unless he were too high to realize what a big deal it was. It’s baffling that someone could be so clueless, especially considering his previous record.
Then again, maybe he’s commited so many serious crimes over the years that he forgot that petty theft was still illegal.

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Philip Lewis   February 27th, 2008 - 9:35 am

If this story turns out to be true and not some sick joke then the USA is about to look not only a very medieval country but a very HYPOCRITICAL one too. When wealthy corporate fraudsters can bilk thousands if not millions of people out of millions if not billions of dollars and be free after a couple of years, then it only makes the USA the very caricature of what the ‘commies’ around the world have alleged. A sense of PERSPECTIVE is needed here and pretty damn quick.

Alexis   February 27th, 2008 - 10:32 am

Joe said: “This could go to the supreme court becuase this sentence obvoiusly violates the 8th amendment, Cruel and unusual punishment”.

As a former police officer, I could not agree more!

Mark   February 27th, 2008 - 8:05 pm

This is why it important that you educate yourself on the Constitution! The 8th amendment protects us from cruel and unusual punishment, not lengths of punishment!

Did the DA say he was going to make him dance like a chicken and have rotten tomatoes thrown at him for his crime? No! The state gave him a break and he just went out and did it again. Do we give him another break and hope that he will be “cured”?

How is this medieval? We aren’t loping his head off! I don’t see why the time in between his crimes is not a big deal. We all mess up, but to continue messing up means you either don’t care or just can’t get it through your thick skull to learn your lesson!

ejl   February 29th, 2008 - 1:09 pm

Wow! I think I will move to Kern County California. They must have no crime there…no drug traffic, no rapes, no murders, and no violent crime or non-violent crime other than the occasional donut theft. After all, if the crime there is so low that a government paid district attorney has a small enough workload to prosecute a 50 cent crime “to the fullest extent of the law”, then they must have no crime at all. I can’t imagine that a D.A. with violent crimes to prosecute would spend this much of the court’s time and the taxpayers’ money to prosecute a donut theft, right?!?! The county must be safe and secure. It must be an awesome place to live!!! I am renting a moving truck right now…
For all who are wondering…yes this is sarcasm.

Peter Rodriguez   March 1st, 2008 - 12:36 pm

This case is unconstitutional. Life in prison for any kind of theft(non-violent crime) is cruel and unusual punishment and I believe already been decided on back in the early 80’s. That is if California is even still a member of the union, their laws are outrageous, what an embarrassment. There still is a bill-rights guys, you oughtta read it some time when you sign bills into law.

Kris   March 1st, 2008 - 3:40 pm

This man is guilty of being a constant burden on normal society for most of his life. I feel nothing for him, he is pointless. I believe he should spend the rest of his life trying to do some good instead of continued misbehavior. The 3rd or 4th or whatever strike is evidence enough of a person going the opposite direction of normal society for most of his life.

Dave   March 1st, 2008 - 4:11 pm

Well… I guess this kinda of explains why America has the highest percentage of people locked up in the world- (1.9 out of 100 are incarcerated)

Yep- this is our tax dollars at work- Makes me PROUD to be an American!

Personally, I’d make the guy pick up trash on the road for 320 hours…

nash   March 3rd, 2008 - 9:29 pm

Tip of the iceberg, people. For every conviction this guy had, he most likely committed a hundred others. The three-strikes law was written in response to the revolving-door justice system.

Slightly Misleading   March 4th, 2008 - 4:18 pm

[...] Mmmmm, not exactly. Facing life in prison for his third prosecuted felony. [...]

gravedigger   March 5th, 2008 - 7:51 am

Most of you so-called upright citizens would be wearing fish net pantyhouse and high heel sneakers on your 1st day behind the wall.
The three strike law was whisked in on the coat tails of the Polly Klaas murder. (A reprehensible deed, to be sure) But no more reprehensible than the race baiting and fear mongering perpetrated by Dan Lungren and Pete Wilson to usher the law in. (These two people (sic) I would surely like to see in main pop. at Folsom)

sean   March 6th, 2008 - 2:38 pm

joesph your talking about double jeopardy should he keep getting busted for the 2 crimes he already did serve time for

From FL   March 8th, 2008 - 1:54 am

Isn’t that why Arnie Schwartz is in? The legislator of CA stole so much money, oops I mean took your money, oops I mean taxed you CA folks so much that you put Arnie in there to clean up the liberals mess. To bad it didn’t work out.

Denver   March 9th, 2008 - 8:10 pm

California is the biggest JOke in the NATION!!!
California and their STUPID Governor, deserve
to be broke/bankrupt.

If these stupid politicians had ANY brains,
they would make this guy Fassbender, work for
FREE FOR YEARS TO REPAY HIS CRIME!!!

Denver   March 9th, 2008 - 8:14 pm

California is the biggest JOke in the NATION!!!
California and their STUPID Governor, deserve
to be broke/bankrupt.

If these stupid politicians had ANY brains,
they would make this guy Fassbender, work for
FREE FOR YEARS TO REPAY HIS CRIME!!!

Putting more people in prison for less serious
crimes is NOT the answer, the “Prison Business”
never produces ANYTHING, it Only consumes
and gets bigger, ONLY Judges & Politicians
who own half way houses Benefit$.

Career Politicans like Kern County Ed Jangles
promote their infamous careers, by feeding
citizens “fear tactics” and their own interpretation of Justice, and wait for
their chance to become some lying, deceitful
elected official. What a Scam in California,
and the public is paying for this $scam

Paul   March 11th, 2008 - 2:41 am

HELLO MORONS!
If you knew you could go to prison for the rest of your life over a simple crime, wouldnt common sense tell you to USE YOUR HEAD?

See ya at the prison graveyard idiot, you reap what you sow!

Y'all have problems   April 4th, 2008 - 12:54 am

As a foreigner reading this, all I can give you as perspective is that you’ve mostly lost your minds in this thread. The relentless passion for punishing people of little means and education as a way of validating your existence and participation in your system is pathetic. You want real change? Less crime? It’s called education stupid. Look at any statistics from around the world. There’s a reason why most countries on the planet don’t commit horrendous amounts of crime. They educate their people and give them all a fair shake at making a good life for themselves. It makes people feel empowered to be educated. In America, land of the free, if you’re not born into the right situation you’re way more likely to be screwed. You people shoot, steal, and cheat each other like noone else on the planet. And that includes your most powerful corporations, who seem to have immunity and do it to the rest of the world. Your education system, paid for by all of you, is pathetic. Who else in the world has television in the classroom, with textbooks sponsored by companies to sell shit? Ever look at world education scores? U.S.A. is near the bottom in all of them. There’s a reason why Miss South Carolina answered the question on the american education system like she did. It’s unsurprising that your federal and state governments treat you the way they do. Your politicians aren’t stupid. You are. That’s why they do what they do, because they know that they can get away with it.
Meanwhile you’ve all lost perspective on the big picture of what it means to be a human being and fight each other like barnyard animals for the chance at a say, a little bit of power. You want power? Go and organize to demand better education, better health care, and especially better social service programs so that your prisons don’t become crime education facilities, which is what they currently are. This isn’t rocket science people. You’ve invested a lot of your public dollars over the last fifty years into sociology and psychology masters and phd programs where they’ve studied all of this. Read about it and then decide.
Why are you all so hell bent on severe punishment? Is it the penchant for violence that americans have? Were you all beaten? Or has the system left you so powerless and angry that you vent on some poor bastard who steals some donuts? Don’t even get me started on the biblical phrases you pull out of your asses. You reap what you sow? For donuts your going to hold that standard up? You people have mostly lost any ability for reason, let alone compassion. Unfortunately this attitude, this intellectual vacuum that most of you seem to live in, allows your government to run amok all over the world, and most of you stand there and applaud “freedom” while incarcerating more people per capita than anywhere else in the world.

oh btw: http://www.zeitgeistmovie.com ….watch it from start to finish and learn that you’re looking in the wrong direction.

ANGELA FASSBENDER   September 4th, 2008 - 2:38 am

I’ll be happy to start with admitting that I am slightly pathetic for taking time out of my day to read this bull*shit-I admit that, but my reasoning is all of you are commenting on MY dad (YES, I am the oldest and last of the FASSBENDER commenter’s!) AND your reasoning is that you (most of you) think you are hot shit and that your opinion actually matters. Well, let me break it down for you-real simple like-it doesn’t. If you don’t know Bobby, you should keep your mouth shut; if you do, you would have nothing but good things to say about him-no doubt. If a video camera followed you around I’m sure you would be locked up under these CA laws for something; my dad causes people to watch him everywhere he goes because he is just that interesting and outgoing, so obviously he is bound to be seen doing something. Good or bad. He is one of the friendliest guys I’ve ever met and if you took the time to read what actually happened that day, you would find out “what actually happenedâ€Â. Go figure! First off, he went into the gas station with his friends for whatever reason (food, drinks, etc.) and got caught up talking with the guy at the register (because he is such a friendly guy, for those of you who don’t hear so well) and started eating his donuts. He walked out of the store not thinking about the donuts he had just consumed; he realized he didn’t pay for the donuts when he got back in the care and mentioned it to one of his friends. She was in the front seat and said she would get out and pay for them. Well guess what?! She lied; she went in, but no one paid for the donuts and my dad got picked up. If you take the time to pull your head out of your asses and don’t look at his priors, clearly you can see it was a mistake. BUT because of his record, this case blew up and got so much attention. He went to jail and faced life because he had other felonies from his past. The three strikes law is stupid for this reason; it’s just not consistent. This case should hardly be a felony and it was dropped for that reason. If it has been anyone else, none of this would be an issue. I realize this is America and we all are entitled to our own opinion, but you commenter’s are so judgmental about something you just heard about and it’s really sickening. Why you don’t take the time to smell your own shit, since you have nothing better to do then talk about someone you know nothing about. If you’re really interested in the person you think you know so much about, here is a breakdown of the life BOBBY CLYDE FASSBENDER. Read below:

My dad was born the oldest of six kids; he was raised in Orange County, CA and didn’t have the easiest life, as lots of people don’t. He got into trouble at a very young age and ended doing time when he was just 18 (in San Quentin). He was in and out until he was about 25 when he met my mother (who is not a heathen-please! If you only knew her!! haha). They got married and had ME. My dad turned his life completely around and starting living for God and others. They had my sister DANIELLE and my brother BOBBY; he was the best dad to us and we were lucky to have him. He lived his life, never once getting in trouble, going back to jail, prison, or any of the above for 15 years! (That may not seem like very long to you, but it is for someone who grew up in the prison system. They don’t take the time to rehabilitate you, which in turn, does nothing for him or society.) During those 15 years he went back and forth to prisons all over the country sharing his story, giving others hope, and taking parolees into his home! He wanted to give them a second shot when no one else would. Pretty cool stuff if you know anything about anything. You might not get it because you may have lived this really great, sheltered life, with bows and sparkles; but in the real world, life is tough and it sure is uncommon for someone to care about a person they don’t even know, enough to try to help them out. Lots of those guys got their lives back and ended up back with their wives and kids and moved on. Others weren’t so lucky, but at least he tried to help selflessly. After all this, like I said, life got tough, and he ended up getting back in trouble. It wasn’t instant, but over a few years of hard times it broke him down. He lost everything including his wife, kids, his life in general and since then it’s been hard for him to get back up. (Hence hearing about “THE DONUT MANâ€Â.) I’m not asking you to pity him, by any means, but bad things happen to people and sometimes it’s more then they can handle. He is human like all of us and anyone that has never done anything wrong in your life-props!- but most of us have. I have a crystal clear record myself, but there are definitely plenty of things I’m not proud of, like many of you, I’m sure. Some people are more in the spot light then others, and once you have been in trouble it follows you. When it’s all broken down, he was and still is a great person who loves people and cares about them. He is scatter brained at times, but funny as hell. He would take the time out of his day to talk to anyone of you despite your nasty things to say about him. He would shake your hand, call you “brother”, and buy you a cup of coffee. Yah, he has problems, but he can come back like he did before. With encouragement; not criticism! He has that from his kids, so it doesn’t matter what you think, say or do. He needs another 15 years and then you can read about this rad dude who stepped up, overcame and owes it all GOD.
What have you done for your community or society (since you care so much) that took 15 years of your life, that you would like to share? I’ll welcome your comments to my email just like my bro and sis. angiefassbender@yahoo.com

Have a super day!

California Three Strikes Law :: Jeana Arter   November 2nd, 2009 - 7:37 pm

[...] very popular story of an Inland Empire man facing 25 years for stealing doughnuts has some people questioning the ethical practice of the Three Strikes Law. I say he should not have [...]

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