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One Year in Jail For Abusive Silicon Valley CEO (theguardian.com)

He grew up in San Jose, and at the age of 25 sold his second online advertising company to Yahoo for $300 million just nine years ago. Friday Gurbaksh Chahal was sentenced to one year in jail for violating his probation on 47 felony charges from 2013, according to an article in The Guardian submitted by an anonymous Slashdot reader: Police officials said that a 30-minute security camera video they obtained showed the entrepreneur hitting and kicking his then girlfriend 117 times and attempting to suffocate her inside his $7 million San Francisco penthouse. Chahal's lawyers, however, claimed that police had illegally seized the video, and a judge ruled that the footage was inadmissible despite prosecutors' argument that officers didn't have time to secure a warrant out of fear that the tech executive would erase the footage.

Without the video, most of the charges were dropped, and Chahal, 34, pleaded guilty to two misdemeanor battery charges of domestic violence... In Silicon Valley, critics have argued that Chahal's case and the lack of serious consequences he faced highlight the way in which privileged and wealthy businessmen can get away with serious misconduct.. On September 17, 2014, prosecutors say he attacked another woman in his home, leading to another arrest.

Friday Chahal was released on bail while his lawyer appeals the one-year jail sentence for violating his probation.

37 of 287 comments (clear)

  1. And that is why you follow the law. by Marful · · Score: 4, Insightful

    Chahal's lawyers, however, claimed that police had illegally seized the video, and a judge ruled that the footage was inadmissible despite prosecutors' argument that officers didn't have time to secure a warrant out of fear that the tech executive would erase the footage.

    A warrant is a phone call away; arresting the guy and then calling in a warrant to search for video evidence when seeing cctv isn't that hard nor time consuming.

    All it takes is one Judge who follows the law to shut down crooked cops and now a violent offender is getting away with minimal sentencing.

    Good job, cops.

    1. Re:And that is why you follow the law. by sjames · · Score: 4, Insightful

      Not if he is under arrest.

      The cops took the lazy way and now a scumbag gets away with his crimes again.

    2. Re:And that is why you follow the law. by guruevi · · Score: 3, Informative

      The majority of offenders plead out if they know they have evidence against them so examination of chain of evidence doesn't happen. Police are largely unaware of the law. If all criminals had good lawyers and could afford full trials with defensive investigations we would barely have any behind bars.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    3. Re:And that is why you follow the law. by mikeiver1 · · Score: 3, Insightful

      Just my thought too. All they had to do was arrest the guy and get the warrant to the on call judge. FUCKING SIT TIGHT FOR AN HOUR OR TWO IS ALL IT WOULD HAVE TAKEN YOU FUCKING KEYSTONE COPS. Instead they seized the recordings outside of a warrant and the little prick goes free yet again. If I were the girl I would bring a suit against the department for bumbling my justice and letting the shit get away with it yet again. It is going to happen, people are getting tired of this sort of shit that the rich get away with. There is going to be that tripping point and watch out. Allot of these shits and their scumbag lawyers are gonna end up face down in a pile of their own blood. The public is tired of reading about this time and again. Keep in mind that they are working hard to make sure that they are able to own and carry guns while taking the right away from the common person... You work it out.

    4. Re:And that is why you follow the law. by Anonymous Coward · · Score: 4, Informative

      Are you representing yourself as a seasoned law enforcement officer currently a member of the San Francisco (or any) police department? I think not. Please state the verifiable sources for your claims of instant-warrants that only require speed-dial and a printer mounted in a squad car.

      Speaking as someone that WAS arrested in my home he's mostly correct. I refused a search and a police officer just sat with me while they contacted a judge and got a warrant. Took about an hour. We watched Hell's Kitchen. And this was drug related, not violent, so it wasn't exactly urgent.It did in fact happen via a phone and a printer, though that printer was at the station and they just drove it over.

    5. Re:And that is why you follow the law. by tlhIngan · · Score: 4, Informative

      A warrant is a phone call away; arresting the guy and then calling in a warrant to search for video evidence when seeing cctv isn't that hard nor time consuming.

      All it takes is one Judge who follows the law to shut down crooked cops and now a violent offender is getting away with minimal sentencing.

      Actually, to arrest him, you need probable cause. Otherwise you run the risk that the arrest was not done out of probable cause and because of that, the warrant was therefore invalid since the arrest was invalid.

      Now, it is actually legal to seize evidence without a warrant, providing you can prove there is a time-sensitive nature to it.

      In this case, the police have information that the surveillance footage contains important information to arrest the guy. But without seeing that footage, they technically can't arrest him. So in the meantime, while we ponder how the police are going to get evidence to arrest the guy, but they can't arrest him now (not enough evidence) the guy is free to do whatever, including destroy evidence.

      Judges generally look down at warrantless evidence, and they usually convene a subtrial to figure out if the evidence should be thrown out or not.They look to see if exigent circumstances exist to allow the evidence to be used without a prior warrant - i.e., is it possible and likely the evidence would've been destroyed during the time to get a warrant. There's a lot of case law and interpretation behind it - if it was a surveillance system belonging to the building, for example, then it would've been tossed out (it is unlikely the building manager would erase the evidence, and most likely, if you ask nicely, they'll turn it over without questioning).

      Oh, and there are times when it is LEGAL for law enforcement to enter your home without a warrant, probable cause or anything else (called "hot pursuit"). In fact, if they came in (during those circumstances) and you're openly doing drugs inside your house, they can arrest you for that, even though in a normal situation, that would be highly illegitimate! (No, most of the time, the cops are not allowed to enter a private residence without being invited or if they have a warrant, except in the narrow case.of hot pursuit).

      http://lawcomic.net/guide/?p=2...

    6. Re:And that is why you follow the law. by stephanruby · · Score: 3, Insightful

      All it takes is one Judge who follows the law to shut down crooked cops and now a violent offender is getting away with minimal sentencing.
      Good job, cops.

      This wasn't some unrecorded probably fake anonymous tip over the phone, this was a bloody girlfriend who could finger her attacker. That's more than probable cause. The cops did their jobs in this case. The judge, or someone who can influence the judge, got paid off. It is as simple as that.

      Now, this piece of trash did the same to another woman. The only reason the same judge did anything this time is because he probably didn't want to face the same repercussions and recriminations the Stanford judge faced.

    7. Re:And that is why you follow the law. by 110010001000 · · Score: 2

      It is funny how Slashdotters don't know anything about the real world. You don't just "call up and order a warrant" like you would get a pizza. For fucks sake.

    8. Re:And that is why you follow the law. by Enigma2175 · · Score: 2

      Nope, it's also destruction of evidence if you believe it might become evidence, which in that situation could be proven. They would still need to prove there was evidence that was destroyed, but if they did that proving that you knew it would shortly be evidence would be easy.

      --

      Enigma

    9. Re:And that is why you follow the law. by Enigma2175 · · Score: 2

      In this case, a woman lying bleeding, broken, and nearly dead likely qualifies as "probable cause" for arrest.

      Indeed. Domestic violence might be the most common arrest police make. In many states, if there are visible injuries the law REQUIRES the police to arrest the other party. Just arrest him and call a judge to get a warrant to gather further evidence.

      --

      Enigma

    10. Re:And that is why you follow the law. by sjames · · Score: 2

      I cannot rule out that corruption was involved. I also noticed there was none of the usual bending logic into a pretzel in an attempt to admit the evidence anyway that we see so often. I hope that's just a case of a judge doing the right thing. It's a shame so many judges have brought so much shame to the courts that I have to wonder.

  2. Re:What is Justice by ArmoredDragon · · Score: 5, Insightful

    I fail to see how videotaped 100% clear proof of violent crime can be ignored because the police break a rule when obtaining it.

    Because if you let it go in this case then you have to let it go in all cases, and if you let it go in all cases then the police are free to break into your home, car, office, etc, hack into your computer, read your mail, record your phone calls, use stingray type devices, and anything else privacy invading just any time they want just to find shit to send you to jail for.

    But what's that you say? Who cares about privacy when lives are on the line? Well the thing with that is if police can just do whatever they want to obtain evidence to throw you in jail, then they can practically throw anybody they want in jail because EVERYBODY does things that are illegal, and you bet your ass that politicians would start using this to silence their opposition until we end up with a China style government.

  3. Re:What is Justice by quantaman · · Score: 2

    I fail to see how videotaped 100% clear proof of violent crime can be ignored because the police break a rule when obtaining it. Punish the police AND the lawbreaker. Letting the sociopath go free makes YOU liable for his future crimes.

    The problem is the video was obtained by violating his rights, punishing the police is good, but his rights were still violated.

    I think there's sometimes allowance for keeping the evidence if they would have found it anyway. But in general I'd much rather a government that errs on the side of respecting rights than the other way around.

    --
    I stole this Sig
  4. Re:He's actually lucky by quantaman · · Score: 3, Funny

    I realize that when it's convenient to the narrative, Indians are "white" but if this guy had been actually white then God help him as he'd have been lucky to make it to court before the SJW lynch mob[0] got to him.

    [0] Too soon?

    Indeed! Has there ever been a race as badly discriminated against as white people right now!?!?

    * Not a Trump supporter, just being sarcastic.
    ** If you are a Trump supporter, this is what sarcasm looks like.

    --
    I stole this Sig
  5. What a terrible legal system by CanadianMacFan · · Score: 5, Insightful

    I'm sorry but the only reason he wasn't convicted was because the tape wasn't admissible? If some ass hits and kicks his girlfriend 117 times I'm calling in the forensics team because there's going to be the girlfriends blood in the apartment and on his clothes. They will find her blood which will corroborate her statement. Then it doesn't matter if he deleted the video. Besides from the sounds of it he doesn't really sound smart enough to securely delete so that a digital forensics team couldn't retrieve it.

    But if all you are going into your trial with is a tape that the police questionably obtained (the lawyer should have seen this coming) then what is your police department and prosecutors office doing with their time because it certainly isn't preparing for cases.

    1. Re:What a terrible legal system by phantomfive · · Score: 5, Interesting

      Yeah, it's corrupt. The whole city of San Francisco is as corrupt as the cesspools on market street. Former Mayor Willie Brown was paid to cover this problem up. Ed Lee (the current mayor) is extremely unpopular among the citizens, got appointed to that office initially. The state senator from the area was convicted of gun running! Notably he favored gun control laws, I guess he wanted to get rid of the competition. Another guy was demanding "protection" money.

      That's just the surface, the ones who've been caught. I don't know how deep it goes, but it definitely extends into the police department.

      --
      "First they came for the slanderers and i said nothing."
    2. Re:What a terrible legal system by CanadianMacFan · · Score: 2

      The problem I have with this is that I don't call hitting someone 117 times domestic assault. Once you get above a couple it should be a higher charge and this many should be attempted murder. While domestic abuse is wrong in any circumstances this guy is especially dangerous and the resources should have been used to make the case.

  6. Re:What is Justice by ShanghaiBill · · Score: 4, Insightful

    I fail to see how videotaped 100% clear proof of violent crime can be ignored because the police break a rule when obtaining it.

    Because police that are willing to "break rules" are also willing to falsify evidence and lie under oath.

  7. Re:What is Justice by ShaunC · · Score: 2

    What about the fucking rights of the women this guy beat to a pulp?

    You should be asking the police that question. If they had obtained their evidence legally, it wouldn't have been thrown out.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  8. Re:SJW by Anonymous Coward · · Score: 2, Insightful

    At least this guy's honest about the fact that "SJW" just means "anyone who thinks it isn't okay for a man to attempt to murder a woman and get away with it consequence-free".

  9. Re:Curious, he stopped being a PoC by ChrisMaple · · Score: 4, Funny

    Don't use stupid abbreviations. PoC could easily mean Piece of Crap.

    --
    Contribute to civilization: ari.aynrand.org/donate
  10. Re:SJW by guruevi · · Score: 2

    There is a reason warrants and the like are necessary. This was the right procedure in a court of law, illegal search and seizure is illegal.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  11. Re:Curious, he stopped being a PoC by MisterSquid · · Score: 2

    Isn't it interesting how this PoC stopped being a PoC and has now become an Evil Male Oppressor[tm]? In just about every other context in the world, he would be the protected one due to his race, but apparently now he's just a generic male and can be treated as our society treats such. Police oppressing a PoC, hello? Where's the outrage about the police mistreating him? The evidence was ruled inadmissible. Judging by all the other recent incidents, there should be parties in the street that the charges have been dropped.

    This is a man who beat his wife and video evidence exists of his reprehensible and cowardly behavior. He is a person of color and he committed a crime and deserves to be incarcerated for that crime.

    Where's the controversy?

    It's never been controversial that people of all colors are punished for breaking the law. What is controversial is racially-biased sentencing and conviction rates, to name two things.

    I don't recall a domestic abuser of color (i.e. non-white) whose undeserved exoneration led to "parties in the street that the charges have been dropped". (This is ignoring the fact that Chahal has not been exonerated.)

    You're erecting a straw man argument that people of color are, as a matter of course, victims when they are by means of due process prosecuted for domestic violence. You seem aggrieved the judicial system did not take into account his race when trying him for his crimes and you believe (?) this is because he status as a man prevents him from so being accounted?

    I'll stop short of saying you have issues with race and sex, but I will point out that your thoughts, as you expressed them, are quite incoherent.

    --
    blog
  12. Re:What is Justice by backslashdot · · Score: 2

    https://en.wikipedia.org/wiki/...

    Punishing the police doesn't work. Think about it, if a police officer illegally searches a house and finds evidence against a serial killer .. wouldn't he be a hero in the public's eyes? Which jury will convict him? Knowing that, whenever a police officer illegally searches .. they have incentive to plant evidence or tamper with stuff such as to make the suspect look guilty. If a few serial killers are convicted through illegal searches .. the public will eventually say stop punishing the police for illegal searches. Then the 4th amendment will be weakened and destroyed, and we'll all be worse off.

    The ONLY way to deal with illegally obtained evidence is to throw it out, no matter the short term consequence. If illegally obtained evidence is allowed, it won't be long before authorities start tampering with it to frame the innocent.

  13. Re:This shouldn't happen again by Zontar+The+Mindless · · Score: 2

    Any woman that gets with this guy after this deserves it. I'm not about blaming victims in hindsight but I will gladly do it in foresight given this man's background.

    You're assuming that the woman *knows* about him. You're assuming he won't take steps to find one that doesn't--that's a pretty bad assumption to make.

    --
    Il n'y a pas de Planet B.
  14. Re:SJW by jcr · · Score: 5, Insightful

    This isn't an SJW story, This is a "douchebag gets away with multiple felonies" story.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  15. Re: So she "ran" into his fist to get more money? by BlytheBowman · · Score: 2

    The man committed suicide by shooting himself in the head at point blank range 8 times

  16. Re:Curious, he stopped being a PoC by serviscope_minor · · Score: 2

    In just about every other context in the world, he would be the protected one due to his race

    No, that's simply a bizarre fantasy of people who desperately want to believe that white men are more oppressed than anyone else. It's a bit of a weird fantasy if you think about it.

    --
    SJW n. One who posts facts.
  17. Re:What is Justice by stephanruby · · Score: 3, Insightful

    I fail to see how videotaped 100% clear proof of violent crime can be ignored because the police break a rule when obtaining it.

    Because if you let it go in this case then you have to let it go in all cases, and if you let it go in all cases then the police are free to break into your home, car, office, etc, hack into your computer, read your mail, record your phone calls, use stingray type devices, and anything else privacy invading just any time they want just to find shit to send you to jail for.

    No, there was a bloody girlfriend pointing finger at her attacker and there was an immediate need to go into the house to secure the crime scene. There was more than probable cause to search the house without a warrant.

    This is not like other situations at all. The judge got paid off somehow, or he received a phone call from some higher ups. That's the real reason he was let go for that first woman.

  18. Re:nation of laws by drinkypoo · · Score: 2

    No, at best it is an example that the law is working correctly

    Because the police are part of the system and they fucked it up royally. There was a massive fuckup and then one part of the law operated correctly right the way at the end. The bit where the enforcement arm fouled up can hardly be counted as "working correctly".

    Police are not the law, although they like to call themselves that, and some stupid people call them that. They could hardly be more ignorant of the laws they enforce, so they clearly are not the law. They are the enforcers. This is a case of the police failing, but the law itself working fine.

    We have long known that the police are most of the problem with law enforcement, and that we need to clean house.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  19. Re: SJW by epyT-R · · Score: 4, Insightful

    That way leads to police states. Due process is there for a reason. It prevents witch hunts. If you want to be mad at someone, blame the cops for fucking up procedure.

  20. What a Piece Of Shit. What A Crap System. by Anonymous Coward · · Score: 4, Interesting

    2013 - PoS assaults girlfriend. Lawyers work magic and get video evidence barred. PoS s convicted of lesser crime. PoS gets probation. Grrr. OK.

    2014 - PoS assaults another woman, violating probation. Case drags on until 2016(!).

    2016 - PoS finally gets sentenced to 1 year in jail. Instead of going to jail, PoS is released on bail pending appeal. Grrr. This is ridiculous.

    That's three years, two violent assaults, two convictions and this fucker has still not been jailed. WTF?

  21. Re: SJW by nedlohs · · Score: 2

    Considering such evidence valid will encourage the police to illegally obtain evidence, after all there is no deterrent in not doing so - it still works as evidence. It's a trade off. You don't have to like the side of the trade off the US has chosen but it isn't conflating different things - it is an explicit choice that puts individual rights in general above discovering guilt in a particular case.

    The US similarly also does not permit the use of confessions obtained via torture.

  22. Re:SJW by qeveren · · Score: 2

    Illegally-obtained evidence isn't allowed because, if it were, there would be nothing stopping the police from obtaining all their evidence illegally. "Oh but they would be punished for that!" doesn't fly, because they won't be punished for it; what's the indictment rate for police violating the law in the course of their duties, again?

    "Should" is a nice ideal, but a real system has to account for the unreliability of its components, ie. humans.

    --
    Don't just stand there, get that other dog!
  23. Re:"The City of San Francisco is corrupt" by bjwest · · Score: 2

    So, remind me again what political party controls San Francisco from top to bottom?

    WTF are you trying to say here? Both parties are pretty much equally corrupt, so it doesn't matter which currently controls San Francisco.

    --

    --- Keep the choice with the user..
  24. Re:SJW by Applehu+Akbar · · Score: 2

    "My assertion is that "punishing" society with incorrect verdicts is not the correct way to handle search and seizure abuses - the better way for society as a whole is to punish those abusing search and seizure."

    Since cops routinely avoid murder convictions, not at trial but by friendly prosecutors not indicting them in the first place, your suggestion would give us Guantanamo Everywhere.

  25. Re:SJW by hattig · · Score: 2

    Surely taking the video, but sealing it unviewed until the warrant to view (or instruction to return it) would be adequate in this case?

    It is clear that erasing the video whilst waiting for a warrant is a strong possibility, I don't see how that can be dismissed so easily by the judge.

    Maybe a golf course deal...