Highway Robbery update: charges filed against Amanda Linscott

Amanda Linscott

Amanda Linscott

Prosecutors have filed formal charges in the Highway Robbery case.  Ms. Linscott, if you’ll recall, was arrested for armed robbery for allegedly pulling a gun to rob Glenn Aspen while riding in a car performing sex acts on him.  I anticipated the charges would be amended if filed, and the state has filed Attempted Armed Robbery charges.  This means the state feels they have evidence to prove beyond a reasonable doubt that Ms. Linscott tried, but failed, to commit a robbery with a firearm…. that is, she didn’t get anything.  The facts of the case are extremely suspect, as I have pointed out before on this blog.   I am a little disappointed that the state picked up charges, after reading the full booking report, in which Ms. Linscott explained how Mr. Aspen had been the attacker.

Due to the use of the firearm, the state will likely be seeking 10 years in prison due to the 10/20/Life statute.  Because of that high minimum mandatory sentence, the case has a high likelihood of going to trial, it’s all or nothing, unless the state agrees to amend the charges significantly down.  That all-or-nothing result means that one side will certainly be unhappy after the nearly-inevitable trial.  Trials are more expensive, and mandatory minimum sentences reduce the State’s willingness and ability to negotiate reasonable results.  The intent of the harsh statue to deter fun violence is a noble cause, but could end up punishing what should be lawful self-defense based on the word of one whoring drunk-driver (Mr. Aspen, who has not been charged at this date). 

Ms. Linscott was a lawful gun owner, with a permit.  It is her word against Mr. Aspen, who admittedly was paying prostitutes and drinking and driving the night of the incident.  It seems far-fetched, but if the jury believes him, she will be sentenced to no less than 10 years in state prison.  They may not believe him, due to his criminal activity, and the fact that she was the only one who suffered any injuries that night, but it just goes to show you how one accuser can ruin your life. #highwayrobbery

The Defense has filed a motion to have Ms. Linscott found indigent.  That simply means that due to her lack of financial means, the state will be required to pay the costs of defending her case.

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