The following is Chapter 6 of A Christmas Story by Mike Furches. You can see the preceding prologue and Chapters in the archives or links section of this page. This story is copyrighted by Mike Furches and intent to publish in book form in 2015. This is the variation prior to final edit prior to publication.
CHAPTER
6
WHAT
WOULD JESUS DO
By Mike Furches
The
noise around the Tulsa
police station was distracting. Thankfully it wasn't the days of typewriters or
it would have been worse. The keys were getting pounded by people obviously not
trained in keyboarding on the computer was bad enough but the conversations
taking place on the phones, the various ring tones of the cell phones,
interviews and conversations. It couldn't have been any noisier at the center
of Times Square in New York City
on a Friday night. It was almost impossible for Charlie and Tayra to focus
during the conversations with Sergeant Jackson and Detective Hay. They were
meeting at this branch of the police department in Tulsa because it is where the suspect James
Briscoe was being held. While the crime took place in Owasso, it was still Tulsa County
and the amount taken in the theft had taken the crime from a simple breaking
and entering and petty theft to a grand larceny with extenuating circumstances.
This
situation the Hamm's
was facing due their circumstances was different than anything they could
imagine. Detective Hay and Sergeant Jackson were after all Christians. It
wasn't that Christian police officers were any more dedicated to their jobs
than non Christians but with Charlie and Tayra being Christians and their faith
so important to them, for them, it was nice to know and convenient to speak to
someone who understood their commitment due to their own commitment in a situation
like they were in. Yes the family had been robbed but they took their faith seriously
and knew their obligation to their faith and fellow human being went beyond
what most would expect. They had seen and heard so many times from places like
Facebook of others who professed faith in Christ and make comments but never
took into consideration the souls of others they knew that didn't have a
relationship or faith in Christ. Jesus loved those who were not his followers just
as much as those who had rejected Him. Charlie, in particular, was always
mystified at how one could profess Jesus, yet, display a heart that seldom
forgave or loved others who were going through their own issues. It was
understandable that the state and federal government had responsibilities to
execute justice and to dish out punishment but everyone at the table where the Hamm's was sitting knew
God had expectations for those who said they followed Jesus.
Sergeant
Jackson and Detective Hay were pleased; they realized they were dealing with a case
that due to the victims being Christians they could discuss their own faith
openly in looking at the options regarding the consequences of the crime. Sergeant
Jackson and Detective Hay were professional in their job performance but a part
of their job performance was the obligation to assist the victims and see the
enforcement of the law and to also see to the best interest of the victims, in
this case, their friends, the Hamm's.
It
seemed as if the background noise in the room got louder and louder. If it
wasn't a woman crying at another detectives desk it was a man getting angry
when he heard news he didn't want to hear, raising his voice and yelling about
how the system didn't care about the innocent. Even though the female police
officer had a gun on her hip during the questioning with the man getting more
and more angry it was easy to see how uncomfortable she was with the man. You
could even see her itching to unlatch the lock on the guns holster as the man
was now turning red from his anger. She maintained her calm though but this,
the ringtones, conversations, pounding on the computers, copy machine and
ruffling of papers being wadded up and thrown into the trash, it all added up
and distracted Charlie.
Finally
Charlie couldn't take it anymore, " Hey, hey, hey" He said as he
raised his hand with his head bowed down in frustration. "Is there any way
we can go some place else to talk, this is driving me crazy and I can't think
at all?"
Detective
Hay and Sergeant Jackson looked at each other, smiled with Sergeant Jackson
responding, "Absolutely, we are kind of used to it but if the person we
are questioning asks, we are given levity to go someplace else for the
questioning. Personally I love it when we get out of here. Any
suggestions?"
Charlie
asked, "Is there any place we shouldn't go or do we have to meet here or
what?"
Sergeant
Jackson was still smiling, "No we can go to just about any place you like,
any thoughts or favorites?"
Charlie
looking relieved said, "I'm getting kind of hungry and seems like I can
always talk over a diner table, is the Corner Cafe down on Peoria and Route 66 ok?"
"Well
it is a time of day we can go down and go into the back room which is usually
pretty empty and talk. If it was at lunch I would say it is too busy there for
confidential conversations but for now I think it would be okay. What about you
Bob, what do you think?"
Detective
Hay smiled, "Heck I think it would be fine, besides a good cup of coffee
and one of those giant cinnamon rolls would be great. Let's go for it. If we
get there and it is too busy to talk then we can find some place else." Detective Hay's smile got bigger as he followed
up, "Of course if that is the case, I can get me one of those cinnamon
rolls to go."
They all laughed a little as they made plans to meet at one of Tulsa's cafe landmarks on Route 66.
They all laughed a little as they made plans to meet at one of Tulsa's cafe landmarks on Route 66.
*******
Sergeant Jackson
and Detective Hay along with the Hamm's sat at
the big round corner booth near the corner of Peoria and Route 66. Detective Hay made the
request of the wait staff that if possible to sit customers at least 1 booth
away when coming in that he would appreciate it and leave a special tip. Of
course that meant money not one of those spiritual tracts that the wait staff
were often stuck with. The wait staff were understanding and since it was so
slow during this time of day there was no problem. There was the occasional
clanking of spoons, forks and plates as the bus boy and wait staff cleaned
tables but it was much quieter here than at the station. The coffee and food
made it more bearable and relaxing as well.
"So what are
you guys thinking?" Detective Hay said as he wiped off a bit of icing from
the corner of his mouth.
Charlie and Tayra
were holding hands, not so much as an act of love but because they drew comfort
from each other. They had spoken with each other and their children and knew
their situation was about more than being robbed, some of the stuff was
recovered but mostly gone and the person who stole from them was a minor, about
the same age as their son Sammy. They also knew they had an obligation to
display their faith and offer forgiveness, while at the same time understanding
their obligation to see to it that justice occurred plus doing what they could
to insure this type of thing didn't happen to someone else from the same person.
Charlie was
hesitant to ask the question but he asked anyway, he knew he would never know
if he didn't ask, "Can you tell us anything about the kid?"
"Yes please,"
Tayra responded, "we aren't the only ones involved in this whole thing.
From what we understand the young man has had a tough life, had 2 brothers and
a sister who are all now in protective care.
I mean, where is the mother, what is going on?"
Sergeant Jackson responded.
"While we have to be careful about what we share there is a lot more than
you likely realize that we can share. The young man and his family are from
Turley and the mother hasn't been seen in some time. She has a criminal history
and has not been involved in her own children's lives much. She gives them her
vision card or food stamps but the boy, James Briscoe, has more or less been
taking care of the younger children. It appears as if he has had a few minor
complaints against him but all for little things and usually in regards to some
of the friends he used to hang out with. He has pretty much been on his own for
the last year except for his brothers and sister. He does have a history of
petty theft but no charges. It looks like this theft and some of others all happened
around the holiday season. He has been pretty cooperative in giving information
and the bottom line is he stole to provide for his brothers and sister, but
that is still a crime."
"What type of
a kid is he" Charlie asked
Sergeant Jackson
responded, "I'm not sure I understand your question, do you mean what race
is he, is he mean, polite, overweight?
I'm not sure of what details you are asking."
"No we have
seen photos and all and know his approximate age and that he is black but have
you seen him to know about his mannerisms, things like that?" Charlie
asked.
"Oh okay, I
can respond to that." Detective Hay said.
"I interviewed him a couple of times since I was the primary
detective on the case. To be honest I was kind of surprised at the kid. Please
now, don't take what I am going to say now wrong but I am telling you based on
what I felt my spirit saying, or possibly it was God's Spirit speaking to me at
the time but I felt kind of sorry for the kid, especially the 2nd time I spoke
to him. He told me a bunch of things in the first interview that I am always
hesitant about but this kid opened up and to be honest I have seen so many sap
stories that I didn't know what to believe. After our meeting I decided to do
some checking. He told me that he only took things to get the money to buy
gifts for his brothers and sister. I didn't know if I should believe it but the
story checked out. All of the sells to the pawn shops that we discovered
checked out to be around one of the kids birthdays or a holiday, especially Christmas.
The more I checked, I saw his mother had a history of drugs and prostitution
and there really was no one in the kids life to care for him. His grandparents
were the primary care providers until their death, just as he told me. His
mother clearly has her own issues and like I said, we haven't found her, who
knows if she is even still around, alive or dead."
Detective Hay was
now even more serious, clearly showing there was something different about this
crime. "James Briscoe is a kid who has had a tough life, yet in his own
way done the best he could to keep what family he had together. I don't know if
Mike or Sergeant Jackson knows if this is typical for the kids in this
community or not."
Sergeant Jackson
responded, "I wish it was more routine and true than not. Unfortunately
this kid on the surface, despite the robbery looks like a good kid who for some
reason saw value in keeping his family together the best he could."
Charlie and Tayra
was listening intently, Charlie spoke up, "This just complicates things, I
don't want to ruin the kid, see him pay for the rest of his life for what he
was doing. Heck, it is one of those situations that if I had known about I
would have tried to get our church to do something to help the family out. I
really feel kind of sorry for the boy."
Sergeant Jackson
jumped in, "I don't know what good it would have done, it seems as if a
lot of what he did he did because he was afraid his family would be broken up. I
would have tried to get our church to help in the same way but the reality is,
that with 4 kids, it is highly unlikely that anyone would have taken them into
foster care as a family. Despite trying to help, more people would have found
out about the situation with the brothers and sisters and the family would have
still been broken up and adopted out. Even right now as much as it pains me to
say it, the two brothers are in one home and the sister is in another. It isn't
like Family Services and SRS has the best track record in placement of children
either. It isn't that they don't care but with their limited resources and not
enough qualified families to place a family like this, it is just tough. Heck I
have wondered when looking at this case, would I have done things any differently
than him? Yeah, I don't mind telling you guys, from the time I have spent with
James, investigating this case for prosecution, the kid was dealt a bad hand in
life. I feel for the boy but truth is, it is rare you find a good kid in the
situation he is in. Unfortunately, it may be one of those very rare cases where
the situation he was in drove him to do the best he could and the system and
that situation didn't help things at all for him."
"I don't have any idea what we can
do" Tayra responded with her head bowed looking at the cup of coffee in
front of her. "Is there anything we can do to satisfy those impacted by
his other crimes which he will be charged for, plus see to it that the powers
that be are satisfied. I mean is there
anyway we can help the kid while at the same time holding true to our faith to
love all people and to serve those in need. I can't help but think of Matthew
25, the part about visiting those in jail. Is it possible that sometimes doing
what we can to prevent people from going to jail could be a part of the
solution and call that God expects from us."
Tayra was tearing
up, "Come on now guys, I am asking you not just as police officers. I am
asking you as brothers in Christ who happen to have some knowledge of the
system as police officers who have dealt with the criminal justice system in
the past, is there anything we can do? I am at a loss here, I am asking for
accountability and I am trying to implement the concept spoken about in Charles
M. Sheldon's book In His Steps to more than just a catch phrase, I really want
to know in this situation, what would Jesus do?"
Sergeant Jackson
and Detective Hay looked at each other, Sergeant Jackson spoke up, "Bob
you want to go with it or do you want me to?"
Detective Hay
spoke up, "Let me share what we spoke about as an option Mike."
Detective Hay
turned to Charlie and Tayra with a concerning look, "You both know that we
can't officially tell you what to do don't you?"
"Of course I
know you can't tell us what to do from a legal perspective as a police officer,
but I am asking you as Brothers in Christ, do you have any suggestions or
ideas, are there options?" Tayra asked, "Charlie and I have also
spoken about this, we want to follow our faith and do what we believe Jesus
would have us do."
"Thanks for
asking and clarifying things in that way." Detective Hay said as he turned
to Sergeant Jackson, "By the way Mike, I am now officially on break."
Sergeant Jackson smiled, "Yeah, I think I am going to go on break as well."
Sergeant Jackson smiled, "Yeah, I think I am going to go on break as well."
Tayra and Charlie
were a little confused until Detective Hay turned towards them to clarify.
"Now that I am on break I can officially speak as just a citizen, a friend
and more importantly a Christian brother. Mike and I have done some research
and weren't going to say anything to you but after checking into this kids
background, we were praying that something like this would come up as we
thought it may with your faith being so real and all."
"Are you guys
familiar with the concept of victim restitution?" Detective Hay asked the Hamm's.
"I think a
little." Charlie said, "Isn't that where the criminal or person doing
a crime has to pay back for the things they destroyed or stole or something
like that?" Charlie asked.
"Yeah, that
is basically it but sometimes it can be a little more complicated."
Sergeant Jackson responded.
"What do you
mean by being a little more complicated?" Tayra asked with a sense of
curiosity as to where the conversation was going.
"Give me some
time to explain if you will," Detective Hay responded.
"Sure Bob,
please do help us understand." Charlie stated.
Detective Hay
looked at them, took a deep breath and started to explain, "There are some
situations where the amount stolen is small, say a shoplifting charge or
something like that, even a drive off from a gas station where someone gets gas,
then drives off without paying for it. In some of those situations because the
jails are so full the judge will have the perp pay for the court costs plus pay
the victim of the crimes back their full due. Often in these situations there
are small fines to pay plus a probation or something of the sort. Your guys
case is somewhat different though. While James Briscoe was in a bad situation,
I would go so far as to say a very difficult and unfair situation, he is still
responsible for his crimes. There are several charges of petty theft that may
or may not come up due to his past actions, the theft involving you guys, the
fleeing and alluding from running in an attempt to capture from the police add
up. It is likely in his case there could be serious and severe fines, in your
case, the amount was substantially above the theft category and the crime
becomes Grand Larceny, those could have easily turned into felony crimes which
would have made this worse, it is now possibly a felony case. Bottom line, the
Briscoe kid is looking at severe pay back restitution and fines, plus a better
than 90 percent chance of doing upwards to a year in jail. His options are very
limited."
Tayra hearing this
jumped in with a voice of concern:
"What about his brothers and sister, what will happen?"
Detective Hay
responded with a reassuring smile. "Remember now to hold on, let me
finish."
"Okay"
Tayra responded, "Forgive me, continue on."
Detective Hay
continued as Sergeant Jackson looked and listened on. "Regarding the
family, I don't know what we can do for sure, that is a Family and Protective
Services issue, I can say there are some things we may be able to do to at
least maintain contact, and God willing, a miracle to see the family ultimately
adopted out as a whole into another family. I will assure you though, it is
highly unlikely that the family will see much of each other over the course of
the next year without the proposal I am going to present to you going
through. Are you ready to listen with
open ears to our thoughts as Mike and I have already spoken about this as a
possibility?"
Charlie and Tayra
looked at each other, their hand grip getting tighter now, "Yes please but
can we pray first?"
"Sure."
Detective Hay responded.
Charlie led them
in a simple but heartfelt prayer, "Father give us ears to hear what you
have to say to us. Let us be the children you want us to be, help us to do what
Jesus would do. In Jesus name we pray, amen. Okay talk to us," Charlie
said as he grasped Tayras hands even harder, now with their fingers
interlocking.
Detective Hay
started to explain, "In some rare cases with victim restitution, when done
at the request of the victim, the judge will allow the perp or convicted be
allowed to work for the victim, sometimes, even for a duration of time, while
supervised, as opposed to spending time in jail. If requested and approved, it
would be possible to have him pay you back for the items he stole, thus holding
him accountable, plus at the same time, you spending time with him for a
duration of time that could be considered time served. In other words, he would
be under your supervision with oversight by the police department. There would
have to be times to check in, or in some situations the officers overseeing the
situation could come by do check ups, do meetings in your home that type of
thing, likely along with Family Services checking in on him. Now don't take it wrong, but if he failed to
show up, failed to follow through, it is possible that he could go to jail
immediately and the original time that could have been given could be given on
top of everything else that he had already paid back and served. Any questions
up to this point?" Detective Hay
asked.
"What about
the other places that he stole from, what would happen with them and their case
against him if you would please?" Charlie asked.
Due to the nature
of those crimes, on their own, he would likely only face a fine and restitution
along with some probation. It all kind of depends on the judge though due to
there being somewhat of a history here, despite the circumstances. Remember the judge is an executioner of
justice and is to see to it that justice is handed out blindly. A good judge
will take these things into consideration and if the right proposal is made
then he will likely consider that. The last thing most judges want to do is put
people in prison if they don't have to, especially people like James Briscoe,
most of them still have a heart and his situation, again, with the right
proposal it could impact and influence the judges decision, I suspect it would
in most cases."
"So there is
a chance that depending on what we do or recommend those things could be looked
at in a minimal way or with less severe consequences for James?" Tayra
asked
"Well sort
of," Detective Hay responded, "He is still going to have to pay
restitution and be held accountable for those things. If we can somehow see to
it that the restitution to all parties can come about in some way, even if a
restitution concept that has your family primarily involved it is likely the
other victims from previous crimes won't make a fuss. Of course what you need
to understand, is that in some ways, because of the crimes, your family is the
one that right now, in a lot of ways holds the cards. If you want victim
restitution, it is possible you can get it. Unfortunately, if that is the route
you take, it is something you have to pray further about because it will take
time, time you are invested in this young mans life. I will say though, it
really does seem like the only way he will have any hope of maintaining any
contact with his brothers and sister with possible visitation and times set up,
with supervision but that is better than being at Juvie and never seeing them.
God knows, sometimes those places do more harm than good and I would hate to
think of what type of person he would become after coming out of a year in that
place. I also believe though, that with the testimony of Mike and I that we
could even see the police charges greatly reduced and talk to our supervisors
about not pushing some of the things or having them pled down. Believe me, as
policemen, we want to see people succeed as well, James Briscoe is one of those
kids we could have a chance with."
"Couldn't he
visit his siblings while in juvenile detention?" Tayra asked.
"It is
doubtful because they would likely be in different foster homes and there is no
guarantee that James would be held here in Tulsa,
he could very well end up in the Oklahoma
City facility. Unfortunately as well, as a sibling, he
has a lot less rights than his parents, even with his mother doing what she
does and her absence, she in some ways has rights to visitation more than he does,
so truth is, no, no guarantees at all if he goes to juvie. What are your
thoughts?" Detective Hay asked?
"Is there
some way we could meet with him prior to making this kind of a decision?"
Charlie asked.
"That really
all depends on the system." Sergeant Jackson answered, "Best thing
you could do is to contact the courts, request to speak to his attorney or
representative, let them know you are thinking about this. I imagine they would
jump at the opportunity to set this up as it presents itself as more of a win
than a loss for the system and they also know the likelihood of this kid having
little chance when he gets out of juvie.
I really do think they want to help as well, most aren't so callused
that they desire to throw the good kids to the wolves. Contact them if
interested, meet with them make the proposal and go from there. It's worth a
shot and a good one at that."
"This opens
up all kinds of doors. While is sounds positive it is something we have to talk
about as a family because it looks like it will impact our family."
Charlie said.
"I would
certainly recommend it, and I know I would be available to come and answer any
questions your kids may have if it is something you want to consider."
Detective Hay said.
"Yeah I'd be
glad to come and assist as well if you want." Sergeant Jackson stated.
"Well let us
talk about it tonight if that's okay. When do we have to let you know
something." Charlie asked.
"I think as
soon as possible." Detective Hay said, "This thing could be in the
court within the next couple of weeks and you want to have all of your ducks in
a row including meeting with him and his representatives. The greater the
chance the details are worked out and presented to the judge at the time of the
hearing, then the chances will be better of the judge accepting the
proposal."
"Let us pray
about it through the day, talk with the family and I promise we can have our
answer within the next 2 days." Charlie replied, asking "Will you
guys be able to come over to talk if we need you within that time frame?"
"That's fine,
just remember, at this point in time, time is not your friend." Detective
Hay responded. "As to coming to help we will be there in a heart beat
assuming we aren't on a case." Sergeant Jackson just shook his head in
agreement.
"I
understand." Charlie said. "We'll make it a priority as soon as we
get home."
"That sounds
great and let's keep praying about this whole thing, especially James Briscoe
but also his brothers and sisters, they really are the innocent ones here and
there is a ton of other issues around the whole thing, from the mother, to the
home, and from the family being together and wondering at the same time, where
was the church in their communities in being there for people in need." Sergeant Jackson said.
"Man isn't
that all the truth." Detective Hay said while reaching down for another
bite of his cinnamon roll. After looking at his watch, he looked up and said,
"Alright now Mike, looks like break is over."
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