Robert O'Rourke



Over the past many years (since the early 70’s), many things have changed; law enforcement and our entire judicial process are no exception.  Add to the mix that in today’s world it is perfectly acceptable behavior for any source of news to inaccurately report on any given detail.  So, if you are not careful you might miss a charge or an offense, some source might decide to not report accurate numbers, or simply find the facts were just not accurately reported.  I guess what I am suggesting is that a felony could have been reported as a misdemeanor or we might somehow overlook the fact that how we conduct our behavior is done so as a result of conscious decisions made to perform said activities such as climbing over or jumping over a fence or making a conscious adult decision knowing full well that it is against the law to drink past the legal limit of blood alcohol levels, to a point where our speech is slurred and totally not understandable – and then we attempt to operate a motor vehicle.  Thus, it is with a clear and clean conscience that we make a conscious adult decision to operate that motor vehicle under the influence of alcohol.
One enters voluntarily into a diversion program knowing evidence of their guilt is enough to prove guilt, we choose the diversionary route and complete diversionary requirements to avoid a guilty conviction and to avoid possible jail time, and to avoid losing our vehicle operator’s permit.  Once pretrial diversionary programs are complete, generally a recommendation is made to the court to reduce the charges or dismiss the charges.  When (and where) diversion programs are available, the prosecutor will halt the case to allow the defendant to complete the program.  Typically, in a diversionary program for DWI, if a diversionary program is offered it is done so with the stipulation that the defendant will complete alcoholics anonymous and not repeat the offense or the defendant will be automatically found guilty of the first offense and will be tried for the second offense.  Additionally, we need to remain mindful that in a diversionary program there is an expectation that charges will be dropped but remain on your record in the event the defendant becomes a recidivist.  There is no exoneration of guilt in a diversionary program.
Some reasons diversionary programs are available include but are not limited to:
·         diversionary programs exist to reduce docket sizes in our court system,
·         diversionary programs exist to accelerate rehabilitation,
·         diversionary programs exist to cut down on recidivism, (to give a second chance) and
·         diversionary programs exist to allow a first-time offender an alternate route other than jail time to pay for their crime.
Every crime must be considered in two parts-the physical act of the crime (actus reus) and the mental intent to commit the crime (mens rea).  Actus reus is commonly defined as a criminal act that was the result of voluntary bodily movement.  This describes a physical activity that harms another person or damages property.  Mens rea is the guilty mind.
We have evidence on multiple occasions that demonstrates Robert O’Rourke has repeatedly violated the law both as a juvenile and as an adult.  Somehow, mysteriously, and each time, O’Rourke has avoided prosecution.  Some speculate that O’Rourke’s father has adequate legal and political clout to be able to pull off a trick like that.  Let us talk a little about each crime, in brief.
First, what is the Texas definition for burglary?  In Texas, burglary is defined as unlawfully entering or remaining in any structure (public or private) with the intent to commit a felony, theft, or assault inside.  (Tx. Stat. & Code Ann. § 30.02.).  Sometimes in order to get at the right mind set to interpret a law, you need to dissect the meaning into tiny bits of information.  First of all, O’Rourke entered into a public structure unlawfully to commit a felony - theft - or assault inside.  So I am guessing that when the police caught Robert O’Rourke he was in a place where he should not have been.  Burglary of a building that is not a habitation is a state jail felony.  According to Texas Penal Code 12.35 – State Jail Felony Punishment. (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
What we do not know is, what O’Rourke’s intent was.  Since he failed to present himself in front of his accuser I must anticipate the worst.  Going with the worst, I pick assault.  You are about to get a Texas definition for assault.
There were two different and separate DWIs and two different and separate occasions and in two different and separate locations.  O’Rourke was initially arrested in May 1995 and that case was disposed of in February 1996 (thanks to some trial fairy that seemingly successfully kept O’Rourke from facing consequences for his wrong doings).  We saw too that after the DWI arrest, according to another county record, O’Rourke was referred to a misdemeanor diversion program in March 1999 and completed "DWI school" in May 1999.  O’Rourke scored a blood alcohol level of 0.136 and a 0.134 on police breathalyzers and did not address the witness report that he tried to flee the scene.  In Texas your first DWI conviction is a Class B Misdemeanor, and your second conviction is a Class A Misdemeanor.  In Texas, the difference between a Class B Misdemeanor and a Class A Misdemeanor is that a Class B Misdemeanor is punishable between 90 and 180 days.  A Class A Misdemeanor is punishable for up to one year in county jail.
O’Rourke seems to have satisfied both the Actus Reus and Mens Rea.[1][2][3]
Mere speculation here; but, I wonder if O’Rourke’s criminal history would allow him to purchase a handgun?  Think about if, someone with the mitigated audacity to boldly tell you that you cannot own weapons does not qualify to own his personal handgun.  Hell yes, we’re going to take your AR-15, your AK-47.
The Texas congressman and Presidential hopeful has cited his past wrongdoings in justifying his support for criminal-justice reform.
O'Rourke acknowledged he was once part of a hacking group, but did not say whether he regrets his involvement.  It was something that I was a part of when I was a teenager in El Paso a long, long time ago.
O’Rourke was a member of the Cult of the Dead Cow, (CDC).  The CDC is known for coining the phrase "hacktivism," and releasing tools that allow less tech-savvy users to hack Windows computers.
The law in Texas makes it a class B felony if a person commits a computer crime or unauthorized use of a computer or computer network with intent to intimidate or coerce the civilian population or a unit of government.  In Texas, the actual penalty you will face for a Class B felony depends on the jurisdiction where you committed the crime. In most jurisdictions, the minimum sentence is one year in prison. You may also face a fine in addition to or in place of prison time.
O'Rourke was a member of the group in the 1980s.  He's been involved in tech since and he co-founded the Stanton Street Technology Group, a web design company in El Paso.  I have heard it said that you are known by the company you keep.
O'Rourke also posted on the CDC bulletin boards under the pseudonym 'Psychedelic Warlord', which included a story O’Rourke wrote at 15 of children being run over by a car.
The story tells a first-person account of a troubled individual driving home and noticing two children crossing the street.  O'Rourke includes details, such as pressing on the gas pedal and the sounds of the children crying after the car hits them.  O’Rourke characterized mowing down the children as an act of love and simply ecstasy.  I was so fascinated for a moment, that when after I had stopped my vehicle, I just sat in a daze, sweet visions filling my head.  Who writes about that kind of stuff without some kind of troubled mind?
Although there is no indication that O’Rourke ever engaged in the edgiest sorts of hacking activity, such as breaking into computers or writing code that enabled others to hack, nor is there evidence to support O’Rourke ever lived out in real life the story he concocted and wrote about in the CDC; I still fall back on Mens Rea..[4]
O’Rourke has time and time again demonstrated his inability to make a good decision and as a consequence O’Rourke has a speckled background of criminal activity.  And, thanks to some special protection of what we are all unaware of O’Rourke has repeatedly escaped justice; and, has never been held accountable for his crimes.  In my humble opinion, O’Rourke definitely is not of the mind to be a good lawmaker when instead of upholding current laws, O’Rourke has chosen some of the most violent crimes to commit.

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