Rob Boyer- Recall the Sentence of Rob Boyer
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In 2013, a trespasser on a motorcycle was repetitively going onto Robin Boyer's property, as well as other neighbor's properties, stealing belongings. Robin Boyer was very worried of what the trespasser's next motives were and for his mother, who was 88 at the time, being left alone all day while Robin and his wife were gone for work. Robin's mother lives next door.Robin Boyer's father passed away during this time frame. While the family was at his funeral, the trespasser was on the property stealing again. After the funeral, family members gathered at both of the Boyer residences. The family saw the trespasser and a few of them yelled at him to leave. He left and then came back.The next morning, Robin Boyer went outside to see if he was on the property again. He wanted to make sure that his mother would be safe when left alone while everyone was at work. The man was there again. He went outside to attempt to do a citizen’s arrest. The man had Rob's late father's wagon, with stolen items in it, tied to his motorcycle that he could not see at the time due to it being directly behind the motorcycle. Once he saw Rob, the man yelled, "I'm not thieving, I'm not thieving!" very loudly. The man started revving his engine toward him. This terrified Rob, because he thought that he was going to run him over. Rob fired a warning shot into the ground in front of the motorcycle. The man kept revving his engine and then was reaching behind him, to either grab something with both hands or possibly to untie the wagon, so he fired another warning shot above his head. The second warning shot unfortunately was not high enough, but was not aimed directly at him. Rob wasn't sure if he was reaching behind him for a weapon or not. This whole incident completely traumatized him and does to this day.Turlock PD came out to the house. Rob fully cooperated with them. The Stanislaus County District Attorney's office filed charges almost two years from the date of the incident. He was arrested and charged with murder on March 6th, 2015 . He has been in jail to this day. He has multiple medical issues, such as needing a hip replacement; he can barely walk at times. He also suffered a transient ischemic attack (mini stroke) while in jail. His blood pressure was extremely high.Rob's trial has ended and he has been convicted of involuntary manslaughter with two gun enhancements, receiving a 7 year sentence. I, as well as a large number of the community, believe that you should not be charged over defending yourself or protecting your family on your own property. The toxicologist stated during the trial that the trespasser was at the toxic level high on methamphetamine. It was also stated that having such high levels of methamphetamine would have accelerated his system causing him to bleed out much quicker. With Rob's medical issues, age, the fact that he has no criminal history, he does not deserve that. He has already been away from his family, including his nine grandchildren, for over two years. Prison should be a place for actual criminals who intentionally want to cause harm to others, not Rob. He is a loving family man and a hard working tax-payer. He has been a business owner, employing other people, and does a lot of nice things for others, such as buying new tires for someone's car that could not afford it or take in his children’s friends who had troubled family lives. He should be home with family, not be made an example of over the fact a shotgun was involved. It just is not right. That isn't justice. If this had happened in other states, he would never have been charged. Robin was not an experienced skeet shooter as he hasn’t gone shooting in well over 15 years; he was terrified in the moment of the incident.Citizens should be allowed to protect themselves on their own property from repeat offenders, just released early from jail for burglary three weeks before to just go out and offend again. We should be able to protect ourselves from people who have a long history of drug abuse and are known to be very brazen and unpredictable when we have a fear of our lives, especially on our own property.We shouldn't have to live in fear. Robin was in fear of his life and now is being vilified. Are we, as citizens, supposed to allow others to victimize us then try to run us over? Should we not defend ourselves; should we just die so criminals can be protected? Meth addiction and the crimes against homeowners, stemming from addicts, have become an epidemic in this area and are on the rise. Honest, law-abiding citizens should not have to fear repercussions from protecting themselves and family, especially in the case of an accident on their own property. Robin Boyer should not be in San Quentin right now, not for protecting himself and family.We are asking for Judge Cordova and the Stanislaus County Superior Court to recall the sentence of Robin Boyer. The length of this sentence is unjust. This was an accident on his own property. Robin did not ask for someone to come onto his property to terrorize him and family. He is a law-abiding citizen with no criminal history. Please recall Robin Boyer’s sentence and have a resentencing hearing, as Morse’s sentence was recalled in Merced County in 2009. Robin Boyer should have time served if anything.
Section 1170(d)(1) of the Penal Code would be amended, effective January 1, 2016, to read as follows: When a defendant subject to this section or subdivision (b) of Section 1168 has been sentenced to be imprisoned in the state prison or county jail under paragraph (5) of subdivision (h) and has been committed to the custody of the secretary or county sheriff, the court may, within 120 days of the date of commitment on its own motion, or at any time upon the recommendation of the secretary or the Board of Parole Hearings or county sheriff, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided the new sentence, if any, is no greater than the initial sentence. The court resentencing under this subdivision shall apply the sentencing rules of the Judicial Council so as to eliminate disparity of sentences and to promote uniformity of 9 sentencing. Credit shall be given for time served.
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