Comer to serve 14 months
Mike Comer will spend 14 more months in jail.Mike Comer, former treasurer of the Glenmore Community Association and son-in-law of the late Glenmore developer Frank Kessler, will spend the next 14 months in jail for embezzling $465,000 from the association, according to both the Charlottesville Newsplex and NBC29. On Tuesday, August 4, Albemarle County Circuit Court Judge Cheryl Higgins sentenced Comer, who pleaded guilty in April, to 15 years in prison with all but 18 months suspended. He has already served four months.
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39 comments
As for Hugeley - Higgins on the bench...my point exactly....
The judge said yesterday a major factor in Comer's sentence was that he was able to pay back all the money. I don't think Gallimore was able to pay back the money.
Plus, for the record, Comer did disappear into the Nelson County woods for several days when people, and police, were looking for him. He came back on his own.
I'm not saying the sentence is too much or too little, but those are the facts behind it, according to the judge.
Comer did not personally pay the money back to the association so he should still be held responsible. If this was someone from a poor neighborhood doing this crime and running away to avoid arrest when it was discovered he would not have gotten bail and he would have been sentence to fifteen to life. Equal justice is just another sorry solgan that has outlived its meaning.
15 to life? For embezzlement? Impossible.
Besides, Corner did get 15 years himself.
If it was up to me, I would end the war on drugs and free up prison so people like this guy would have to do more time.
Just wait, George Hugeley's trial is next...let's see what happens then....
Comer stole 600,000 from rich people and only gets 18 months - probably shaved down to 14 with the 85 percent rule. But a priest stole roughly 200,000 dollars less than that and gets a whopping 13 years. The difference between the two - Rich white guy = 18 months, Asian Phillipino minority = 13 years.
Hypocrites.
You are right he got 15 and he should be serving all of them as he should know better. He was already living a privelge life and he still chose to steal. He should be given more time than the average uneducated person who does the same crime.
I wish I could figure out a way to get away with a crime like that, I'm sick of my lame ass job.
Why does someone inquire into what the Sentencing Guidelines recommended before freaking out? A departure, downwards or upwards, requires an explanation by the judge in writing. Maybe the anger should be directed towards the Virginia Sentencing Commission?
doesn't*
rich man, mock away. the facts are as plain as black and white. He went on the lam, she didn't. They both copped pleas.
12 months vs. 14 months.
24K vs. 465K
That is central virginia jurisprudence at its best right there. that is the best our local legal community can do.
sisk gets out in a year for killing a guy. now this.
the people that are responsible for our local criminal justice system should be completely ashamed of themselves. by choosing to be lenient when the perpetrator is from the country club, our local judiciary makes a mockery of the very thing they are supposed to represent.
they can wrap themselves in the flag of America, UVA and Thomas Jefferson all they want, but they do NOT serve the public by having two standards of justice.
Don't forget, Cheryl Higgins is on the bench for the Hugeley case.
Her former law partner is Hugeley's defense attorney.
LET SEE 14 MONTHS $465K THATS ABOUT $989.00 A DAY FOR BEING IN THE CKINK I THINK I COULD HACK THAT.THEM AGAIN I WOULD HAVE TAKEN ALL "MY" ASSOCIATIONS MONEY JUST CAUSE THIER SUCH BONEHEAD CONTROL FREEKS.
Mike, what happen to the 2.5 million dollar line of credit that Glenmore had before Frank dead?
-injustice: I think what reason is getting at is he's saying that if the other woman had a long criminal record, then her sentence would have otherwise been much lower than Comers.
Also, suspending the majority of a sentence is is the norm in every case.
Just to clarify, you're upset with me because I asked if anyone knew what his guidelines were and because I don't just call the court and ask myself? Newsflash: I don't care that much. You're the one that is getting more and more riled up and hostile over this. I do apologize though if my simple question was so offensive to you.
Forget about Comer! What about the unindicted co-conspirators? Do you think no one else was involved?
reason, for some "reason" you cite the sentencing guidelines TWICE but refuse to post them. Interesting... I think the only "reason" why you would do so is that your argument is ridiculous.
The fact is that a woman in a very similar situation embezzled about %5 the money Comer did but will serve %67 of the time that he will serve.
This is an injustice and the ONLY people that wouldn't want to see Comer punished to the full extent of the law are other country club criminals.
"Yes, she DOES have to explain herself if she departed from the guidelines."
Her discretion came into play when she suspended the sentence, which is a fact that I pointed out and that you ignore. I NEVER said she departed from the guidelines. Why do you imply that I ever said that? Oh yeah because you have absolutely NO good reason why he should not serve a far more severe penalty.
You tell me to go look up the guidelines. No thanks. If you have a point to make, you do the research yourself, post it and make your point.
That's what I did and the only FACTS that are actually cited on this page are the ones showing that the poor woman got a harsh sentence for a pittance compared to what the rich man embezzled.
You can speculate all you want, but unless you can actually post facts that are relevant, I would suggest you stop posting your opinions which appear to be based on mere speculation.
"I have no interest in looking up what they are"
Ignorance is bliss though I guess.
I will never understand how Comer was allowed bond when he was on the lam for a month.
Likewise, I will never understand why it was taken at face value that he stole that money to prop up the family business. Was this ever proven? Surely they had at least one real estate attorney. If the business was in trouble, then why not go to the family for a loan? Surely Frank Kessler left his heirs a considerable amount of liquid assets.
The whole thing just sounds fishy. I still want to know where he was when he went missing. Was he living in the woods? Was he staying with someone in the Wintergreen area?
These are pretty basic questions that no one in the media appears to be asking.
I think Comer should sign on to ReadtheHook.com from prison and tell us his side of the story.
His side of the story is irrelevant as a thief he would have zero creditability. I am more concern about a broken justice system where the rich and privilege can do the crime and expect nothing but a slap on the wrist.
points taken. bottom line: steal almost $500K and a judge locks comer up for 14 (more) months.
if he squirreled one fifth of that money away, he's essentially make $100K for a year in prison.
That's NOT the way it's supposed to work.
Also, Gallimore had NOT been sentenced for her other crimes. The 12 months for her $24K (the other $8K she had not been sentenced) was only for the embezzlement. So it is an apples to apples comparison: sentencing for an embezzlement conviction for which both pled guilty.
@Injustice:
Do you completely lack reading comprehension skills? I asked what the guidelines said. It wasn't rhetorical, it was a question. Guidelines are individually tailored, you can't "research" it.
The fact is you have no idea what the guidelines for either of the two individuals were, what either of their criminal histories were, or what either of the aggravating or mitigating factors were. Yet, you claim this is an injustice yet have the audacity to state that my posts are based on "mere speculation"?
Again, you demonstrate no understanding for how judicial sentencing works. Suspending all but 18 months of a 15 year sentence creates an active incarceration time of 18 months. A judge MUST explain in writing if the active incarceration period is outside of the guidelines. If 18 months was below the guidelines, she needed to explain it in writing. I will not explain this to you anymore.
Please point to a single instance where I stated an "opinion" one way or another on the sentence. I want to know what the guidelines say before I jump to a conclusion, and asked if anyone who may have been present in court knew the range.
Hope this helps.
MY commentary is:
sad set affairs in the so called justice system here in Mr.Jefferson state and county
same situation for the poor in this country who get second hand health care the rich can pay for it like Mr. Comer money talks the poor walk and get inferior health care too
sad sad
am I am professional nurse with 46 years of nursing practice and former US Navy Nurse Corps LCDR served in Desert Shield/Storm as a DIV OFFICER for a Surgical Traum ward NAVHOSPORTS a
nd was on the USNS Comfort(T-AH-20)
so it is...
Did they audit all the Kessler-owned companies that Comer may have access to the accounts?
Regarding the other woman:
"Brown also sentenced Gallimore to five years in prison on each charge, suspending all but six months on each charge." http://www2.dailyprogress.com/news/cdp-news-local/2009/oct/03/woman_gets...
See a pattern? Defendants are sentenced well above their actual incarceration and the remainder is suspended. It's hanging over your head if you violate probation. Educate yourself about the criminal justice system, it's not difficult to understand.
HA HA HA HA HA HA HA HA HA HA HA HA I CANT STOP IT....ONE OF THESE DAYS SOMEONE WHO IS NOT RICH MAY EVEN HAVE JUSTICE SERVED TO THEM...NAW....
Injustice
You can't even get your fact straights, and you are simply mistaken.
Corner is serving 18 months not 14 (he's already served 4), plus 162 more months if he screws up on parole. Much of the money taken has been paid back, according to the other article.
Gallimore stole at least $32K, not $24K. She was also stealing from a kid's organization. On top of that, she had multiple other felonies charged against her.
You say he was on the lam...was he actually out on bail or wanted by the police when he went missing? If not, he wasn't on the lam. And he came back on his own accord.
There are enough instances of injustices out there without turning everything into one.
wasn't there a local, poorer woman that embezzled 24K that went away for 2 full years? this sentence clearly shows judicial bias in favor of the well to do. by suspending %90 of Comer's sentence, Cheryl Higgins shows that being a rich white guy is the way to get a slap on the wrist in her courtroom. This was purely a matter of her discretion and her choice was to have this man out of jail in less than two years.
Albemarle needs to clean house.
my mistake.
http://www2.dailyprogress.com/news/cdp-news-local/2009/oct/03/woman_gets...
She embezzled 24K and was sent away for 12 months. He embezzled 465K and was sent away for 14 months.
He belongs to a country club, she doesn't.
That's justice, Central Virginia style! What a joke.
Why should ANY citizen believe that our local judiciary is fair, just or impartial when the FACTS are so contrary to this notion?
Nah man, I heard there was a local, poorer woman who took a dime out of the tip jar at Starbucks and they sent her away for life. yeah man...it's messed up out there
The Daily Progress has the Comer story on its front page, though not as the lead. But it's not on the website.
Hmmmmm.....
reason, seeing as he was sentenced to 15 YEARS and had all but 18 MONTHS suspended, I'd say the judge had plenty of discretion regarding how much time he'd be locked up. The facts are described in the article succinctly. Perhaps you should do a better job at comprehending and analyzing what you read before commenting at all.
In FACT the only reason he's getting out so early is because of this judge's whim. Her discretion cannot be overturned on appeal. She doesn't have to explain herself and there's NOTHING that anyone can do about it. Justice for people that this judge identifies with is far more lenient than justice for those that she doesn't.
@Injustice: Thank you for demonstrating that you don't understand how the sentencing guidelines work; I will help you. Sentencing Guidelines recommend only the ACTIVE sentence--the 15 years is irrelevant. They are not mandatory, but a judge must explain a departure in writing. The facts don't indicate his prior criminal history, nor the history of the other offender mentioned. Yes, she DOES have to explain herself if she departed from the guidelines. It's a statutory requirement.
Again, you didn't answer my question: What did the guidelines recommend? For all you know, 18 months was at the high end of the range.
Perhaps you should learn what you're talking about before attacking me.
As an example, the maximum the penalty for grand larceny is 20 years. Guidelines for a first time offender typically recommend no more than 30 days.
Again, when did I defend the system? I never said the sentence was lenient, nor did I say it was harsh? I asked if anyone had knowledge as to what Mr. Comer's guidelines recommended. They're not something you can "post", as I've said, because they are individually tailored.
"I’m also sorry that there are those like you that choose to defend this unjust system."
Nowhere have I said once whether or not I agreed or disagreed with the sentence. I challenge you to find an instance where I did.
You keep hounding me about some mysterious "point" I've been trying to make. From the very beginning, I've asked if anyone knew what the guidelines were. My "point" is to get the answer to that question. Perhaps you should just take a deep breath.
I'm sorry you're having such difficulty with this.
clearly the sentence was in the guidelines. You asked what the guidelines are and I straight up said I have no interest in looking up what they are. Why can't you post them?
I never said the sentence was outside the guideline but pointed out that suspending the sentence is up to the judge's discretion.
You have a point to make, go ahead and make it. I won't help you make it. You're a big boy, or you probably are.
My point stands and your peurile attempts at insults do not negate them.
This judge chose to suspend %90 of this rich man's sentence. I understand exactly how it works and have said nothing that is inconsistent with the way the criminal justice system works.
re:"The fact is you have no idea what the guidelines for either of the two individuals were, what either of their criminal histories were, or what either of the aggravating or mitigating factors were. Yet, you claim this is an injustice yet have the audacity to state that my posts are based on ââ?¬Å?mere speculation”?"
Why is it so hard for YOU to simply state your point instead of pointing out that I haven't negated the point you refuse to make?
if you "want to know what the guidlines say", find out. Don't ask me to educate you as I'm not interested in leading a horse to water.
"MUST explain in writing if the active incarceration period is outside of the guidelines"
You keep harping on this point. NOWHERE do I claim that his sentence nor his incarceration time are outside the sentencing guidelines. I defy you to show where I say this.
In fact, YOU are the one that brings up the sentencing guidelines again and again and again.
My point remains and is salient. I'm sorry you aren't able to refute it and I'm sorry for all of us that the rich have a different standard of justice in central virginia. I'm also sorry that there are those like you that choose to defend this unjust system.
If this was a minority or some poor white person, without the same resources like comer this judge would have thrown the guidelines out the window as she send him/her away for ten to fifteen. Regardless of what the guidelines recommend he should have gotten more time here and she should not be on the bench if she cannot justify the reason in writing for a higher senctence here. We cannot expect any better from her because she does not relate to people outside the country club lifesytle.