Thursday, July 01, 2010

The Worst Landlords Ever Just Hit A New Low (Kip and Nicole Macy Case)

So I have been super busy lately, which goes to explaining the dearth of posts lately. But as I was finishing up a case yesterday, some news floated across my path, and I finally have time to talk about it.

You may or may not remember Kip Macy and his wife. Two years ago, they got themselves into trouble. They were so troublesome, that the City and County of San Francisco had to step in and charge them criminally instead of letting the civil courts handle the problem. This lead to the saga of the Macys' bail. After the Macys' attempt to have the charges thrown out failed, they finally made bail.

Well, Kip Macy made bail and let his wife stay in jail while he was trying to raise the money. Eventually, he got her out too. How did he do this? Apparently, Mr. Macy convinced his parents to put their home up as collateral for their bond. Along with turning over their passports, the Macy's were granted bail and released from county jail.

Now, in case you don't know, the purpose of bail to ensure that someone shows up for court. If you fail to show, the court can forfeit the bond. Meaning, that if the Macy's did not show up for court, the judge could forfeit the bond. Which means that the bail bondsman would go after the Kip Macy's parent's home.

This was last year. Since that time, the Macy's have been negotiating with the District Attorney's office to cut a deal. (Incidentally, does Kamala Harris' office ever actually prosecute someone vigorously?) The deal according to the SF Chronicle's people, that was offered was a year in county and five year's probation. When you consider that the three burglary charges alone could have resulted in 8 to 24 years, in addition to $30,000 in fines, and this is a pretty good deal. Its an even better deal when you consider that the Kip and Nicole Macy already have heft time served credits for the months that they were in jail awaiting trial, and it would have been much less than a year they would have spent in jail.

Well, they rejected that deal.

So what happened next? What do you think would have happened, given the track record of these two? Think they showed up in court ready to proceed with clearing their names? Which is, coincidentally, something you would expect innocent people to do. Especially since they had convinced Kip's parents to put their own home up as collateral for the bail.

Well on June 4, there was a scheduled hearing in the case. And the Macy's did not show up. And, the ever vigilent people working at the S.F. D.A.'s office failed to notice something about the Macys' passports when they were surrendered as part of the bail. They did not notice that the passports were about to expire. Which means, according to the story, that the Macys' may have new passports and be fugitives abroad.

And they said that those to two wacky kids were going to break up. I guess when they faced the decision of divorce or throwing Kip Macy's parents under the bus, it was an easy decision to make.

So now, the Macy's are fugitives. The judge has issued a no bail bench warrant for them. And I am betting that the bail bondsman is very keen to get them back, so he isn't out money.

Like I said at the top, the worst landlords ever just managed to find a new low. Not only are they despicable landlords, but apparently cowards as well.

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