Women threw hot burrito bowl....

[Micca]

Online orders, I could see. My last online Chipotle order was pretty much all wrong.

And you've got quite an arm on you, they're lucky you showed some restraint.

 

[soccerdad72]

And you've got quite an arm on you, they're lucky you showed some restraint.

I was home by the time I figured it out. My arm's not that strong (and I'm too lazy to drive back to the store).

 

[Moliphino]

Online orders, I could see. My last online Chipotle order was pretty much all wrong. But in this story, it sounds like they remade it for her (presumably in front of her), so unless she wasn't paying any attention, she should have been able to make sure it was done right.

I once got a Moe's burrito bowl that was just rice, cheese, and lettuce. They were out of the meat I ordered, so decided to leave off half the ingredients (not just the meat they were out of) and not say anything when my sister picked it up. They said they tried to call me about it, but they didn't leave a message and I was driving home from work at the time.

 

[tvguy]

It was assault. A crime. The food part of the story is irrelevant to it being assault.

It was a misdemeanor. My issue isn't with food, or there being a penalty. That NEVER should have gone to court. The DA should have settled the case with the defendant without involving the courts.

 

[tvguy]

Perhaps that won't happen after a handful of people pay some fines and/or serve short sentences. The other thing that occurs to me is how badly can someone screw up a Chipotle order? If I received the wrong order I'd probably just eat it and not say anything.

Unfortunately, at least here, with misdemeanor cases, the criminal just pays the fine and moves out, frequently without remorse. As for screwing up a Chipotle order......well again here, it was so common my daughter doesn't go there anymore

 

[tvguy]

And people wonder why no one wants to work these thankless jobs....


I mean, what this woman did was assault and I would want assault to be handled properly in our justice system.

I agree, my issue is it should have been settled by the DA without going to court. Huge waste of resources.

 

[Travel60]

Oy - that's one of the Chipotle's we go to.

Given the neighborhood it's in, it doesn't totally surprise me.

I just hope if this woman does take up the judge's offer and works in a restaurant, I don't get her as a server.

Oh, I would like to get her as a server (and know it was her).

 

[tvguy]

YES,
that's how the rule of law works

Absolutely not. As I posted, this should have been plead out by the DA. THAT is how the rule of law works in misdemeanors.

 

[sam_gordon]

The DA should have settled the case with the defendant without involving the courts.

I agree, my issue is it should have been settled by the DA without going to court. Huge waste of resources.

As I posted, this should have been plead out by the DA.

So let me make sure I'm clear... this should have been settled/pled and not gone to court? That's what you're saying?

But doesn't it take BOTH parties to settle/plead? What if the food thrower wanted their day in court and wasn't willing to settle/plead?

 

[GreatLakes]

Anyone local is not surprised that this happened in Parma and I say that as someone that has lived there and still has family there.

 

[Allison]

Absolutely not. As I posted, this should have been plead out by the DA. THAT is how the rule of law works in misdemeanors.

Do you have a law degree? Have you practiced in Ohio?

 

[Praying Colonel]

Absolutely not. As I posted, this should have been plead out by the DA. THAT is how the rule of law works in misdemeanors.

It's not crystal clear from the court's digital case summary, but it appears the case was pleaded out and there wasn't a trial, FWIW. It was never set for a trial date, the pre-trial conference was continued 3 times and then there was a sentencing hearing. I'm not an OH attorney but that reads to me like they worked out a deal.

 

[bcla]

I agree, my issue is it should have been settled by the DA without going to court. Huge waste of resources.

It was settled. She pled guilty and the judge determined the sentence. I doubt it took a whole lot of resource since there was no trial.

Additionally - the sentence was originally 6 months with 90 days suspended. The modification is that 60 days work at 20 hours/week will substitute for 60 days of her sentence, but the remainder of that sentence will be in jail.

 

[tvguy]

It was settled. She pled guilty and the judge determined the sentence. I doubt it took a whole lot of resource since there was no trial.

Additionally - the sentence was originally 6 months with 90 days suspended. The modification is that 60 days work at 20 hours/week will substitute for 60 days of her sentence, but the remainder of that sentence will be in jail.

Still tied up a Judge for a misdemeanor.

 

[tvguy]

Do you have a law degree? Have you practiced in Ohio?

Nope. But a basic premise in the law, civil or criminal, it that you try to resolve an issue without going to court.

 

[bcla]

Still tied up a Judge for a misdemeanor.

And? Judges go through misdemeanors all the time. They have hours scheduled approval of plea bargains. A judge still has to sign off on it, and that's what happened here.

 

[soccerdad72]

Nope. But a basic premise in the law, civil or criminal, it that you try to resolve an issue without going to court.

A judge is needed for sentencing, regardless of whether it's been pled or not.

 

[tvguy]

So let me make sure I'm clear... this should have been settled/pled and not gone to court? That's what you're saying?

But doesn't it take BOTH parties to settle/plead? What if the food thrower wanted their day in court and wasn't willing to settle/plead?

If she wanted her day in court, that's fine. That is her right. But from the article it appears she agreed what she did was wrong, and with the punishment. Yes, the case should have been settled without involving the Courts. This is like going to the Emergency Room when all you need is a band aid.

 

[bcla]

Still tied up a Judge for a misdemeanor.

Judges still have to sign off on plea bargains and can reject the sentencing recommendations. This is pretty routine stuff.

https://www.cincinnaticriminalattorney.com/how-do-plea-bargains-in-ohio-work/​

Although every plea agreement is different, the Ohio Judicial System must approve the plea agreement before it can be considered official and legally binding. In court, the judge will ensure that you understand your plea agreement, enter it voluntarily, and know your responsibilities once the plea agreement goes into effect.​

 

[BrianL]

If she wanted her day in court, that's fine. That is her right. But from the article it appears she agreed what she did was wrong, and with the punishment. Yes, the case should have been settled without involving the Courts. This is like going to the Emergency Room when all you need is a band aid.

It absolutely must still involve the court, even if pled out. They plead guilty in front of the judge. If everything is pre-arranged with the DA and the defense lawyers, it should move fairly quick, but they must still appear in court to officially enter everything into the record. The judge also has some discretion regarding enforcement, etc. If the deal is wholly improper, the judge may step in on that. It's a check & balance for the system.