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ghosttruck

Level 57 Taco Wizard
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A naked man allegedly broke into a woman’s California home last week, then assaulted and threatened to rape her, according to a report.

Bobby Lee Kinder Jr. was formally charged Tuesday with assault, and rape attempt, per a criminal complaint against him.

Around 11 p.m. Friday, Kinder allegedly broke into the woman’s Modesto home through the window of an adjacent room to her bedroom, Deputy District Attorney Diane Von Der Ahe said in court Tuesday.

The woman, who was awakened by the noise, went to investigate and saw a naked man crawling through the window, Von Der Ahe said. "The man approached her and said, ‘Here’s the scenario: you’re a 12-year-old girl. ... I’m going to rape you',” Von Der Ahe added.

The stranger punched the woman, bit her, and hit her on the head with a lamp, Von Der Ahe alleged. He then threatened to kill her if she didn’t stop fighting back, the deputy DA said.

 
He looks deranged af, i can't imagine how she felt while he was following her to the neighbors house trying to get in and waiting around on the porch, what a seriously horrific scenario! Ugh if he gets off with some bullshit suspended sentence, it will be a 12 year old next time!
 
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I went to check up on the status of Bobby Kinder Jr to see if there were any new developments and found nothing new. Normally, that's it and I move on, but I discovered something. Bobby Kinder Jr. is a past alumni of Dreamin Demon. In 2008, he graced our website with a child abuse/theft ring arrest with a one nasty looking Felicia Long.

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Felicia Long (photo from a 2013 kidnapping arrest)

I couldn't find the outcome of that arrest, though I did discover he was arrested numerous times and has filed a couple of lawsuits against the state during his prison terms.

Here's an 2014 arrest for a violent robbery and it was his nickname "Angel" that gave him away. The article says he was arrested in 2013 for probation violations, but they don't go into detail. Btw, he also goes by the handle "Lil' Dirty Red", but I believe "Shitbag" is a better street name.

August 2014
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Merced police quickly captured a robbery suspect early Saturday after learning the man was known to use the nickname “Angel.”

The suspect, Bobby Lee Kinder, was found around 8:45 a.m. Saturday at the Sierra Motel in the 1300 block of West 16th Street. Kinder, 33, apparently admitted beating and robbing a 30-year-old man, the Merced Police Department reported.

The victim was assaulted just before 7 a.m. Saturday as he was coming out of a 7-Eleven convenience store in the 1800 block of R Street. The victim’s wallet, containing about $80 in cash, was stolen during the attack and has not been located, Sgt. Robert Solis told the Sun-Star.

The victim was taken to an area hospital with “serious, but non-life-threatening facial injuries,” Solis said.

Officer Joseph Opinski, who joined the Merced Police Department less than year ago, quickly identified the suspect after learning one of the man’s nicknames was “Angel,” according to Solis.

“Once the officer learned of the nickname and witnesses provided the direction that he was last seen running, (Opinski) was able locate the suspect,” Solis said.

Kinder was booked into the Merced County Jail on suspicion of strong armed robbery and battery causing serious bodily injury. He was still in custody Saturday afternoon with bail set at more than $60,000, according to booking records.

Learning the nickname was key in the arrest, authorities said, but officers also praised the police work of the new officer, who was able to comb through statements and information quickly to narrow down a suspect. Law enforcement records show Kinder also uses the nicknames of “Lil’ Dirty Red,” “D-Red,” and “Lil Bobby.”

Police said Kinder has a history with city law enforcement. Details of Kinder’s criminal history were not available Saturday.

Law enforcement records show Kinder was recently released from custody in Merced County after he was arrested twice in May for alleged probation violations. He was arrested in late 2013 on suspicion of receiving stolen property, according to Merced Superior Court records.

....


One of the legal filings he submitted was an assault he suffered from a fellow inmate. It appears he got his jaw broke and, apparently to add insult to injury, was charged with sodomy (lol).

......
His allegations may be summarized essentially as follows:

Plaintiff was assaulted and found near a creek in Merced. Plaintiff's probation officer, Defendant Saovasang did not initiate an investigation but instead put out a warrant for Plaintiff's arrest. Plaintiff filed a false imprisonment complaint and was released. Plaintiff reported to Saovasang and showed him that he had a lip infection, wires, and stitches in his jaw. Plaintiff claims he required care that only Modesto Memorial Hospital could provide. Saovasang did not care and did nothing.

Plaintiff was tazed by a Merced County Police Officer without reason. This occurred because Defendant Saovasang, did not give Plaintiff a bus ticket to Modesto to receive medical treatment. Plaintiff characterizes this conduct as a hate crime, false imprisonment, and retaliation. At some point thereafter, Plaintiff was taken to Modesto Memorial Hospital to have silver bullets removed.

While in the Merced County Jail, Plaintiff fought another inmate and won. The losing inmate falsely accused Plaintiff of rape. This accusation was placed on Plaintiff's "bail bonds and computers." The subject inmate was released. The case later was dropped. Plaintiff should not have been housed with this inmate because the inmate is a sensitive needs inmate and Plaintiff is general population. Housing them together constitutes conspiracy to commit murder.

Plaintiff seeks money damages.

[....]


Here's the court's ruling on this filing:
BOBBY LEE KINDER, Jr., Plaintiff, v. CORTEZ, et al., Defendants.
United States District Court, E.D. California.
August 7, 2017.

ORDER DISMISSING ACTION WITH PREJUDICE SINCE BARRED BY HECK HUMPHREY, 512 U.S. 477 (1994)
ORDER DIRECTING CLERK TO CLOSE CASE
JENNIFER L. THURSTON
, Magistrate Judge.

Plaintiff complains of having been wrongly celled with a with a Hispanic "Northanio" drop-out gang member, Ernie Cortez, at the Merced Sandymush County Jail. Plaintiff alleges that he was in protective housing because his jaw was healing after being wired shut from a prior altercation with another such inmate, who jumped Plaintiff and broke his jaw. When Cortez was placed in the cell with Plaintiff, they spoke and Cortez showed Plaintiff his paperwork which proved that Cortez was not a general population inmate like Plaintiff. "Due to politics and rules," Plaintiff fought Cortez.

Plaintiff alleges that, in retaliation, he was charged with sodomy. The sodomy charge caused Plaintiff not to be charged with petty theft for which he was arrested, but with "2nd-hand robbery instead" which gave him a strike and a "G.B.I." enhancement on a four-year sentence and does not match the police report under which Plaintiff was charged and being held. Plaintiff also alleges that his public defender did not provide him copies of Plaintiff's police report and sent Plaintiff to Napa State Hospital saying that Plaintiff was not competent for court. The sodomy charge pushed Plaintiff's court date further off. Among other things, Plaintiff requests that the strike on his commitment charge be removed and that he be resentenced.

Notably, Plaintiff was found to have committed the rules violation prohibiting sodomy. However, he has not demonstrated that his commitment charge or the enhancements have been reversed, expunged, declared invalid, or called into question by a writ of habeas corpus. Thus the Court ordered Plaintiff to show cause why this action is not barred by Heck v. Humphrey, 512 U.S. 477, 487-88 (1994). (Doc. 17.) Plaintiff filed a response in which he reiterates most of the allegations in his Complaint, but continues to fail to show that his increased commitment charge and enhancements have been reversed, expunged, invalidated, or questioned by a writ of habeas corpus.

As stated in the OSC, when a prisoner challenges the legality or duration of his custody, or raises a constitutional challenge which could entitle him to an earlier release, his sole federal remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475 (1973); Young v. Kenny, 907 F.2d 874 (9th Cir. 1990), cert. denied 11 S.Ct. 1090 (1991). Moreover, when seeking damages for an allegedly unconstitutional conviction or imprisonment, "a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus, 28 U.S.C. § 2254." Heck v. Humphrey, 512 U.S. 477, 487-88 (1994). Since Plaintiff fails to provide any basis to find that his increased commitment charge and enhancements have been reversed, expunged, invalidated, or questioned by a writ of habeas corpus, he is barred from pursuing his claims under § 1983 at this time.

Accordingly, this action is DISMISSED without prejudice. The Clerk of the Court is directed to close the case.

IT IS SO ORDERED.

-------------------------------------------------------------

basically,
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"Fuck you, Bobby, do your time and you get nothing" - Magistrate Judge Jennifer L. Thurston

Finally this, I noticed a 58 year old Bobby Lee Kinder, is currently serving a very long prison sentence in California and would very well could be Bobby Lee Kinder Jr's father.

Inmate NameKINDER, BOBBY LEE
CDCR NumberF36337
Age58
Admission Date07/21/2006
Current LocationChuckawalla Valley State Prison
Location LinkDirections
Parole Eligible Date (Month/Year)01/2031
 
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