You be the judge: Punishment for attacking parking enforcement officer

Danny Tse

From San Francisco....

A San Francisco woman tearfully pleaded guilty Monday to a 2006 assault that dislocated the shoulder of a city parking control officer, and left her punishment in the heated case up to a judge.

San Francisco prosecutors have sought as much as a two-year prison term for Lina Magailalio, 33, on assault and other charges stemming from the attack Nov. 21, 2006, on parking control officer Angelina Barsi.

Her attorney is seeking probation, saying Magailalio has no criminal record. On Monday, Magailalio entered what is known as an open guilty plea - one made without any agreement with prosecutors - that will allow the judge to decide how to sentence her.

"My client apologized to Barsi and was crying," Joe O'Sullivan, Magailalio's lawyer, said outside Superior Court. "She said the reason she lost it that day was that her 8-year-old son was having heart problems and was put on cholesterol medication, probably for life."

Magailalio admitted to two counts, assault with force likely to cause great bodily injury and battery causing serious injury. Superior Court Judge Jeff Ross set sentencing for Dec. 1.

"We're confident he'll do the right thing," O'Sullivan said.

Magailalio entered her plea after a jury had been picked for the trial.

Prosecutors had stressed that assaults on parking officers must be taken seriously and that Magailalio deserved prison time. "The parking control officer was merely doing her job when she was battered and injured," said Brian Buckelew, spokesman for District Attorney Kamala Harris.

"This office takes seriously the protection of city workers, and the defendant's felony-strike conviction today is a testament to that commitment and the seriousness of the crime," Buckelew said.

The case was handled as a first strike under the "three strikes" law, which means Magailalio could face stiffer punishment should she commit another crime.

Magailalio's legal troubles began when she took her 8-year-old son to see a doctor at St. Luke's Hospital. When her meter on Tiffany Avenue expired, she rushed out with her son to feed it and found Barsi writing a ticket.

Barsi told Magailalio that she could protest the citation and drove off. Son in tow, Magailalio drove after Barsi and confronted her three blocks away.

At a preliminary hearing, Barsi testified that the 280-pound Magailalio had told her, "You're lucky I don't f- you up," then had punched her in the face.

Barsi said she had suffered a shoulder injury as she tried to push Magailalio away. She was off work for eight months.

O'Sullivan had conceded his client "just lost it."

Face

Wait, she's 280lbs and was upset that her 8 year old needed cholesterol medicine?

Ron-P

Send her to prison for a long time. Attacking someone who is doing their job no matter the reasons is inexcusable. Lock her up!

obieone

Let me get this straight: They harbor illegals, and let pedophiles roam the streets, give out clean needles, don't enforce ANY federal drug laws, but they go after a beast who beat up a meter maid?
Danny, your city is FUBAR?!

bobman1235

Ron-P wrote: »

Send her to prison for a long time. Attacking someone who is doing their job no matter the reasons is inexcusable. Lock her up!

I don't know about a long time. I agree with the general sentiment - ther'es no excuse for her actions - but an isolated assault doesn't deserve "prison for a long time."

Modern prison is not supposed to be punitive but rehabilitative and a deterrent. Someone like this who "loses it" neither needs much rehabilitation nor a deterrent from something she likely wouldn't ever do again anyway. Throw in that she's a mom (while I don't think this should be an excuse for her actions, it should come into play when it comes to sentencing considering a child's welfare is in play) and I think a brief stint in the clink with community service and probation is sentence enough.

fatchowmein

"Magailalio drove after Barsi and confronted her three blocks away."

That right there earns her 2 years from me. Enjoy throwing your weight around in the slammer, honey.

apphd

Face wrote: »

Wait, she's 280lbs and was upset that her 8 year old needed cholesterol medicine?

Really:eek: go figure Was wondering about the kids health before I got to this part in the story, but still didn't see the humor in it till you pointed it out and then I had a good chuckle.:D

bobman1235 wrote: »

I don't know about a long time. I agree with the general sentiment - ther'es no excuse for her actions - but an isolated assault doesn't deserve "prison for a long time."

Modern prison is not supposed to be punitive but rehabilitative and a deterrent. Someone like this who "loses it" neither needs much rehabilitation nor a deterrent from something she likely wouldn't ever do again anyway. Throw in that she's a mom (while I don't think this should be an excuse for her actions, it should come into play when it comes to sentencing considering a child's welfare is in play) and I think a brief stint in the clink with community service and probation is sentence enough.

Not sure about the max 2 years but think 1 year would be right, but think more would need to be known than what's in the story. Is the farther around, is he a suitable parent while she's in the lock up? She has "no record" to me means no convictions, but have the police needed to go to her home for anything in the past, how many times? What's her sons school record like? Maybe a long jail time would be best for her and her son, maybe not, but I do think the kids welfare should play a significant role in the sentence.

On another note, doesn't sound like anything that should have required 8 MONTHS off from work:rolleyes:. But I'm no doctor or a woman so who am I to say;)

cfrizz

It would be best to look at the family situation first. If she is a single parent raising that child alone, then what happens to the kid? Put him in foster care? She will have even more problems after that.

Maybe put her under house arrest, probation, community service & counseling.

engtaz

If you drive 2 blocks after someone, you had plenty of time to go some where else. I would have turned my attention to my child not let my child see me beating a Law enforcement officer. What would she doing to a regular citizen, kill them? I would hate to see her road rage. This is just scary.

nooshinjohn

I remember Randy Moss running over a parking enforcement officer in Minneapolis with his car, and he was never even charged. I say if the punishment is good enough for the rich and famous in the NFL, it's good enough for her. Let her walk and sign her to a contract with the Oakland Raiders or the St. Louis Rams as they need all the help they can get....

before I get flamed for my response, please note that I am being entirely sarcastic.:)

everpress

Seriously? Roughing up someone doing their job? And a thankless job where you never make anyone happy? As if she didn't have enough issues, she needs Mongo the BeastB!tch to get slap happy and throw her fatness at her? In front of a child that is most likely suffering from a **** diet that is borderline humane and mostly abusive to the point of needing meds? If I was the judge I would find the maximum sentence and look for excuses to add to it.

snow

nooshinjohn wrote: »

Let her walk and sign her to a contract with the Oakland Raiders or the St. Louis Rams as they need all the help they can get....

everpress wrote: »

If I was the judge I would find the maximum sentence and look for excuses to add to it.

Now that and that is funny I dont care who you are



In a mean sort of way of course



REGARDS SNOW

hockeyboy

I think they should focus on getting her a bunch of counseling and making it financially painful. Give her a lesson she won't soon forget but don't separate her from her family. Community service and counseling with financial penalties. Don't forget the parking officer can certainly bring a personal civil suit for the attack as well.

ESavinon

I would sentence her and her son to two years in a fat farm.

ben62670

cfrizz wrote: »

It would be best to look at the family situation first. If she is a single parent raising that child alone, then what happens to the kid? Put him in foster care? She will have even more problems after that.

Maybe put her under house arrest, probation, community service & counseling.

How about a fat **** who gets away with violence? That has nothing to do with the kids. Should I get away with punching some dumb **** in the face because I have to raise my kids? Please send your BS to Ophrah windbag. Take responsibility for your $hit. WOW what a friggen idea:)
Good day.
Ben

sTiLlLeArNiNg

People always look for a way to justify their action's, REGARDLESS of what they may be. I say jail time fo' sho!

Damn pOlice wanna put me in bracelet's for sittin' on a bench and puffin' some reefer! :mad:

messiah

obieone wrote: »

Let me get this straight: They harbor illegals, and let pedophiles roam the streets, give out clean needles, don't enforce ANY federal drug laws, but they go after a beast who beat up a meter maid?
Danny, your city is FUBAR?!

Agreed.

bobman1235

ben62670 wrote: »

How about a fat **** who gets away with violence? That has nothing to do with the kids. Should I get away with punching some dumb **** in the face because I have to raise my kids? Please send your BS to Ophrah windbag. Take responsibility for your $hit. WOW what a friggen idea:)

It's not that you should get away with it, but you have to agree that you don't want the kid to suffer for something stupid you did. Potentially putting a child into FOSTER care just to get some vendetta out against her mom is potentially ruining a child's life just so society can get its pound of flesh. How are we as a society better for this? We're paying a fortune to keep this lady in prison for a year, we're paying to deal with her kid somehow, and THEN on top of that when her kid comes out a total screwup and gets arrested when TH EY'RE 18, we're paying for that too.

Awesome plan.

ben62670

Do you think mom is a good role model? I cringe at the idea of a child going into foster care, but where is her family at? The kid needs to see there are rules. EF **** who think they can get away with violence.
Take care Bob.
Ben

Face

I'm more of an eye for an eye type of guy.

zombie boy 2000

I like how she bellowed "You're lucky I don't f*ck you up" right before plowing into the meter maid's pie hole. I wonder what Bertha would have attempted if luck hadn't been on the officer's side.

everpress

zombie boy 2000 wrote: »

I like how she bellowed "You're lucky I don't f*ck you up" right before plowing into the meter maid's pie hole. I wonder what Bertha would have attempted if luck hadn't been on the officer's side.

Something sexy, I'm sure. 280lbs of hawt one-sided love fest was too much to bear though, so she took her chances with spreading that buttery goodness with the ladies in the pen.

ben62670

I am sure this is a first time incident for her like Rodney King:rolleyes:

concealer404

everpress wrote: »

Something sexy, I'm sure. 280lbs of hawt one-sided love fest was too much to bear though, so she took her chances with spreading that buttery goodness with the ladies in the pen.

Ugh. Dude. WAY too early for that. :eek:

apphd

bobman1235 wrote: »

It's not that you should get away with it, but you have to agree that you don't want the kid to suffer for something stupid you did. Potentially putting a child into FOSTER care just to get some vendetta out against her mom is potentially ruining a child's life just so society can get its pound of flesh. How are we as a society better for this? We're paying a fortune to keep this lady in prison for a year, we're paying to deal with her kid somehow, and THEN on top of that when her kid comes out a total screwup and gets arrested when TH EY'RE 18, we're paying for that too.

Awesome plan.

Well said. Punishment is needed without doubt. Just a matter of finding a way to dish it out without: A)**** the kid up any more than he may already be. B)costing the tax payers any more than the min. to accomplish this.

Who knows, long jail time and getting the kid in a better home environment may be the best thing, or not, but that is what the judge should be looking at as he should have much more info than we do.

PhantomOG

so, if you have a bunch of kids as a single parent, laws shouldn't apply to you? As if this entitlement nation doesn't have enough incentive for people to be lazy, fat, unambitious, and continually popping out kids :rolleyes:

bobman1235

You people need to learn to read. Laws should certainly apply to you, but every sentencing in the history of modern law has taken into account other circumstances, be it affected children or past crimes or any number of things.

People get breaks for extenuating circumstances, especially when it is their first offense. Even with something like battery, the vast majority of people get a slap on the wrist if it's their first offense. If it becomes a recurring problem then it's dealt with differently.

Phantom, it's amusing that you point to the many problems in society (which I agree with) but ignore the overcrowded prisons you want to send this woman to, or what woudl happen to a child whose mom is thrown in jail. Not everything's so black and white.

everpress

bobman1235 wrote: »

You people need to learn to read. Laws should certainly apply to you, but every sentencing in the history of modern law has taken into account other circumstances, be it affected children or past crimes or any number of things.

People get breaks for extenuating circumstances, especially when it is their first offense. Even with something like battery, the vast majority of people get a slap on the wrist if it's their first offense. If it becomes a recurring problem then it's dealt with differently.

Phantom, it's amusing that you point to the many problems in society (which I agree with) but ignore the overcrowded prisons you want to send this woman to, or what woudl happen to a child whose mom is thrown in jail. Not everything's so black and white.

I think if you put your child in danger, your punishment should be furthered to the farthest extent of the law. Setting an example that it is alright to pursue an officer (even a parking attendant) and smack them around is putting your child in danger by teaching them that might makes right.

Had there been a temper flare up and the woman simply lashed out, while punishment would still be heavily deserved, it would be more understanding that a first-time charge would be more lenient.

But the beast chased this person down. For doing her job.

Now, I don't know what you do for a living, but I've never been smacked in the face and pushed down into my desk for creating a good ad campaign or package design. I've yet to smack a mechanic in the face for changing my oil, or chasing down the shopping cart gatherer for simply pushing carts.

It's stupid. She's stupid. She's setting a **** example of what it means to be a parent and, in the least, a contributing member of society.

I think breaking her knees, fining her a million dollars and shoving her ****$ in jail for life might be pushing the limits... But two years in jail sounds like a good measure to keep her from abusing people that are seriously just doing what their boss tells them to because everyone has to pay their bills.

apphd

PhantomOG wrote: »

so, if you have a bunch of kids as a single parent, laws shouldn't apply to you? As if this entitlement nation doesn't have enough incentive for people to be lazy, fat, unambitious, and continually popping out kids :rolleyes:

I'm guessing you were asking me this. So no that is not what I said at all. Try re-reading it you may see:
Punishment is needed without doubt......
long jail time and getting the kid in a better home environment may be the best thing........
the judge should be looking at as he should have much more info than we do.......

PhantomOG

my comment wasn't directed at anyone in particular. we don't know if she is a single parent. We do know that she threw her kid into the car to chase someone down and attack them for simply doing their job. Someone who knows a lot more details of the case (the prosecutor) obviously thinks she deserves jail time. She's done the right thing and pleaded guilty so whatever the outcome so be it.

bobman, I don't know if your entire comment was directed at me, but it sure seems like you read alot into my short comment. I never even said the word prison. I just found it funny that for the only things we do know about this woman:

A. that she has a child
B. that she has SERIOUS anger management issues, and
C. that she's obviously ok with expressing that anger in front of her child

so many people felt that point A deserves leniency despite B and C. Hey, everyone's entitled to their opinion. I find that humorous and deserving of a smarmy response.

ben62670

I say beat the **** down and give her a taste of her own medicine:)