Tehachapi News
Third strike may net life term
Third strike may net life term
By: by Jason Kotowski, Special From The Californian
Description: Man charged with stealing doughnuts from local convenience store has history of ‘sticky fingers’
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Posted by editor Wed Nov 30, -0001 00:00:00 PST
Viewed 1903 times
0 responses 4 comments A stolen package of doughnuts -- plus dozens of other arrests over the past 30 years -- could put Robert Fassbender in prison for life.
Fassbender, 51, currently in Lerdo Jail, was arrested for stealing a package of Hostess doughnuts from the Wildrose Station in Tehachapi, which could constitute his "third strike."
The two previous strikes against him are from robberies committed in 1977 and 1979, said Michael Webb, Fassbender's attorney.
In a jailhouse interview, Fassbender said the previous felonies involved stealing money from registers at hotels.
"As far as doughnuts go and having to fight for my life, it (the three strikes rule) is unjust," Fassbender said. "For cases like mine or similar to mine, doughnuts or candy bars that people get striked out on, it's overkill."
Fassbender, however, hasn't exactly stayed out of trouble since those robberies. He's been in and out of prison since the 70s, never remaining free for more than a few months before committing another crime, Kern County Supervising Deputy District Attorney Michael Yraceburn said.
"Mr. Fassbender, who has two prior robberies and a 40-page arrest record, isn't exactly a poster child," Yraceburn said.
Under current California law, people convicted of two serious or violent felonies can be sentenced to 25 years to life in prison if found guilty of any third felony.
The felony charge against Fassbender is petty theft with prior jail terms for theft/burglary/robbery. Fassbender didn't hurt anyone while taking the doughnuts on Nov. 10, according to both Yraceburn and Webb. He began eating one of the doughnuts in front of the register and then walked out with the package.
Fassbender said the incident was a misunderstanding because he said he thought his friend had paid for the 50-cent package of doughnuts. An empty package of doughnuts was later found by law enforcement at Fassbender's residence. Since 2002, Fassbender has been arrested at least 14 times on suspicion of crimes ranging from DUI to spousal abuse, according to the Kern County Superior Court Web site.
Because of his history of recidivism and the number of crimes he's been convicted of, Fassbender's case warrants prosecuting as a third-strike case, Yraceburn said.
"Our office has always been a strong proponent of the three-strikes law," Yraceburn said.
Fassbender said the law is good for those who deserve it.
"For killing people, a third strike is a good thing," he said.
Webb declined to go into detail about what he thinks of sending a man to prison for life over a package of doughnuts. "I think the facts speak for themselves," he said.
Californian staff writer Felix Doligosa Jr. contributed to this report.
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Mon Jan 14, 2008 15:56:39 PST
Well when God says He is the Author and Perfector of our Faith (Hebrews 12:2) it is clear to me that it is both a Promise and a threat, if our lives arent...continuing in accordance to that Faith. Bobby is a man who has a Faith in the God who Saved him (i.e. became the "Author" of that Faith) and Loves him...Im not trying to say anything about the state of his Faith, thats not for me to do, all I know is that God ALWAYS KEEPS HIS PROMISES... May He be near you now Bobby-- WITH GOD ALL THINGS ARE POSSIBLE (Matthew 19:26)
Wed Jan 16, 2008 12:53:41 PST
I love you Daddy and miss you. Jesus loves you too and he's with you all the time-remember what you taught us.
Mon Jan 28, 2008 02:32:23 PST
We love and miss you so much daddy! It's not the same without you out here with us, but we know your still there for us all. Be strong and trust in the Lord. You need him by your side, and that has not changed and know that it wont. You have taught me so much dad, you mean the world to me.
Love your baby girl,
Danielle Renee Fassbender
Tue Jul 15, 2008 15:02:51 PDT
Apparently, Kern County District Attorney Michael Yraceburn doesn't check his information very thoroughly before opening his mouth. My father Robert Fassbender, actually, had been out of prison, jail and any other kind of trouble from 1987-1998. During those years he was an excellent dad, husband and someone who served in prison ministry. He spent his time helping others who came from where he did. Pretty sure that more then a few months, a decade in fact, and pretty sure that's a selfless way to stay out of trouble! (Mr. Yraceburn's incorrect comment-..."hasn't exactly stayed out of trouble since those robberies. He's been in and out of prison since the 70s, never remaining free for more than a few months before committing another crime.") This really make me upset because I know my dad and he has done a lot of other things in his life then cause problems. He is still an awesome person and is turning his life around again. No one is perfect and bad things can happen to anyone of us at any time.
