Tuesday, August 5, 2014

The Biel, Mascarello, and Pfennigwerth Vandalism Case.



In December of 2006, three men: Mitchell Biel, Josh Pfennigwerth, and Joshua Mascarello drove through five counties in Nebraska, leaving a trail of destruction. Using eggs and a BB-gun, they vandalized over 100 car windows. They were promptly arrested, and charges of criminal mischief were filled. They were later arraigned and two of them were sentenced to spend time in jail, while paying restitution to their victims.


What makes this a property crime is the fact that they vandalized property, yet they posed no threat to a person’s wellbeing. They caused thousands of dollars in damage, yet they did not injury anybody.

The first feature of this crime is the criminal act, which was the vandalism spree that the trio committed. The second feature of this crime is Mens Rea, which is the first type, purposeful. They intended to commit a crime, and they committed it, which means that there was concurrence, as these were not accidental.

An insanity defense could be used, if there were sufficient evidence that they were insane. They may also be able to use an alibi defense, provided that they had witnesses to corroborate the defense.

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