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Post by smasonnc on Mar 11, 2022 13:07:07 GMT
A Florida Dunkin’ employee accused of fatally punching a customer who used a racial slur against him pleaded guilty to felony battery and was sentenced to two years of house arrest. I'm kind of shocked at the light sentence for murder and the comments on the NYT article who mainly support the employee. Most of the articles bring up that the victim was a pedophile. The victim was a vile individual and racial slurs are disgusting. Maybe morally the guy did us all a favor, but if there were a death penalty for being an @$$hole, I know a lot of people who should be worried. In a civilized society, do you get to assault someone because they insult you? Or do we still expect a certain degree of self control? Dunkin Employee Kills Customer After Racial Slur
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Post by Merge on Mar 11, 2022 13:14:59 GMT
Did you read the article? He was convicted of felony battery, not murder. The judge stated why he received the charge and sentence that he did.
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Post by smasonnc on Mar 11, 2022 13:19:01 GMT
Did you read the article? He was convicted of felony battery, not murder. The judge stated why he received the charge and sentence that he did. i read this and several articles. The fact remains, he killed the guy by his actions and people think that's OK.
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Post by Merge on Mar 11, 2022 13:45:19 GMT
Did you read the article? He was convicted of felony battery, not murder. The judge stated why he received the charge and sentence that he did. i read this and several articles. The fact remains, he killed the guy by his actions and people think that's OK. Who are "people?" Sounds like your beef is with them. Are you assuming those people exist here as well, and you want to pick a fight? He was given two years' house arrest and extensive community service, which is probably within the sentencing guidelines for felony battery. I'm willing to believe that justice has been served. Did you want us to call for his head on a pike?
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Post by jeremysgirl on Mar 11, 2022 13:52:02 GMT
Did you read the article? He was convicted of felony battery, not murder. The judge stated why he received the charge and sentence that he did. i read this and several articles. The fact remains, he killed the guy by his actions and people think that's OK. I'm not sure that's an accurate portrayal of what happened or people's feelings on the matter. He punched him. That was out of line. The guy's behavior was out of line too. He verbally assaulted all the employees in that restaurant, the defendent, in particular. So much so that they were trying to call the police on him. Was it right to punch him? No. But never in a million years did that employee think that a punch would be a murder. It wasn't a murder, it was an assault. The fact that he died when he hit his head after the assault was unfortunate. But the defendent is not a killer. IMO, he got appropriately punished for what he did. Maybe you disagree but I am having quite a bit of fatigue right now with people behaving like asshole. The "victim" here was behaving like an asshole. How much verbal abuse is someone expected to take before they snap?
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Post by epeanymous on Mar 11, 2022 13:53:56 GMT
He didn’t get to assault someone. He got convicted of a felony.
Murder generally requires either an intent to kill or deprived indifference to human life. Punching someone once in the face is not acceptable, but, the overwhelming majority of the time, when you punch someone once in the face, they are in pain but not dead.
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Post by revirdsuba99 on Mar 11, 2022 15:04:30 GMT
Not great behavior on both sides, the 'victim' verbally assaulted the employees of the facility, both inside and out. They were all victims of his actions. He was ask to leave several times.
The young man asked someone to call the police before he approached the 'victim'. The young man punched him. Why would he think it would be fatal. I surely wouldn't.
Keep in mind the 'victim' had been there and likely it was repeated behavior, which might have escalated previously.
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pinklady
Drama Llama
Posts: 6,064
Nov 14, 2016 23:47:03 GMT
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Post by pinklady on Mar 11, 2022 15:19:36 GMT
In a civilized society, do you get to assault someone because they insult you? Or do we still expect a certain degree of self control? Honestly, these are the questions you should be asking: In a civilized society, do you get to assault hurl racial slurs at someone because they insult are different than you? Or do we still expect a certain degree of self control?
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Post by peasapie on Mar 11, 2022 15:25:18 GMT
Battery is a charge that you get when you punch somebody. The fact that that punch killed someone makes it a felony battery. It’s not homicide, it’s not murder, it’s not manslaughter. It’s actually an accident of death. Apparently there was absolutely no evidence that he meant to do anything but punch this guy for the racial slurs. His death was accidental in that he bumped his head. He was also the aggressor. (If the kid was in the middle of robbing a house or if he was in the middle of stealing a car and he accidentally killed someone, then it would have been felony murder.)
I think the comments you are objecting to may be expressing the very human feeling that at times it's hard to ignore people who are being aggressive and hostile.
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Post by mollycoddle on Mar 11, 2022 15:38:47 GMT
i read this and several articles. The fact remains, he killed the guy by his actions and people think that's OK. I'm not sure that's an accurate portrayal of what happened or people's feelings on the matter. He punched him. That was out of line. The guy's behavior was out of line too. He verbally assaulted all the employees in that restaurant, the defendent, in particular. So much so that they were trying to call the police on him. Was it right to punch him? No. But never in a million years did that employee think that a punch would be a murder. It wasn't a murder, it was an assault. The fact that he died when he hit his head after the assault was unfortunate. But the defendent is not a killer. IMO, he got appropriately punished for what he did. Maybe you disagree but I am having quite a bit of fatigue right now with people behaving like asshole. The "victim" here was behaving like an asshole. How much verbal abuse is someone expected to take before they snap? Co-sign. 👍🏻
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Post by busy on Mar 11, 2022 15:58:43 GMT
The behavior of the man who died was unacceptable. The reaction of the employee was unacceptable. The conviction and sentence are appropriate. There was no intent whatsoever and no reasonable person would expect a punch to result in a person's death.
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Deleted
Posts: 0
Nov 23, 2024 11:04:42 GMT
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Post by Deleted on Mar 11, 2022 16:08:54 GMT
I truly feel bad for the employee. I agree that verbal abuse should not result in death, but I don’t think it’s as simple as that. This customer had a history and also displayed behavior where the employees felt the need to call police as soon as he stepped through the door. Should the employee have punched him? No, but his intent was not to seriously injure the customer and his death was an accident.
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Post by sabrinae on Mar 11, 2022 16:30:25 GMT
At the most he was going to be convicted of involuntary manslaughter for the death, he was convicted of felony battery. In Florida the difference is one degree — a F2 v F3. Given the defendants lack of any criminal history, lack of intent and the Victims instigation and aggressive behavior this is an entirely reasonable plea bargain and sentencing. Not to mention the collateral effects of having been convicted of felony battery. It’s an entirely reasonable outcome.
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Post by silverlining on Mar 11, 2022 16:55:39 GMT
The manager didn't intend to kill him. The punch was "a fatal punch" because it caused the customer to hit his head. And Florida's Stand Your Ground law was a factor in the sentencing also, according to the state attorney:
Moreover, Mr. Warren said, it would have been a difficult case to win at trial, given Florida’s legal landscape. "If you can shoot someone for throwing popcorn at you under Florida’s flawed Stand Your Ground law,” Mr. Warren said, referring to a recent case, “it would be hard to convince a jury that a person’s not allowed to hit someone who instigated a confrontation by storming into their business and barking the most aggressive and inflammatory term in the English language in their face.” (from a New York Times article that is behind a paywall I think)
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Post by Merge on Mar 11, 2022 17:08:01 GMT
The manager didn't intend to kill him. The punch was "a fatal punch" because it caused the customer to hit his head. And Florida's Stand Your Ground law was a factor in the sentencing also, according to the state attorney: Moreover, Mr. Warren said, it would have been a difficult case to win at trial, given Florida’s legal landscape. "If you can shoot someone for throwing popcorn at you under Florida’s flawed Stand Your Ground law,” Mr. Warren said, referring to a recent case, “it would be hard to convince a jury that a person’s not allowed to hit someone who instigated a confrontation by storming into their business and barking the most aggressive and inflammatory term in the English language in their face.” (from a New York Times article that is behind a paywall I think) Silly, stand your ground laws are only intended to protect gun-wielding vigilantes. Not regular people suffering abuse at the hands of a nutjob.
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Post by Lexica on Mar 11, 2022 17:32:36 GMT
i read this and several articles. The fact remains, he killed the guy by his actions and people think that's OK. I'm not sure that's an accurate portrayal of what happened or people's feelings on the matter. He punched him. That was out of line. The guy's behavior was out of line too. He verbally assaulted all the employees in that restaurant, the defendent, in particular. So much so that they were trying to call the police on him. Was it right to punch him? No. But never in a million years did that employee think that a punch would be a murder. It wasn't a murder, it was an assault. The fact that he died when he hit his head after the assault was unfortunate. But the defendent is not a killer. IMO, he got appropriately punished for what he did. Maybe you disagree but I am having quite a bit of fatigue right now with people behaving like asshole. The "victim" here was behaving like an asshole. How much verbal abuse is someone expected to take before they snap? I totally agree with jeremysgirl here. I am stick and tired of people thinking they can say and do anything they want to to anyone who happens to be in front of them. The asshole behavior, Karen behavior, or whatever you choose to call it is disgusting. Maybe these people were allowed to get away with rude and self absorbed behavior as children and think they can continue it into adulthood, I don't know. I, for one, am sick to death of it. People need to share the planet and consider what affect their words and actions have on others. Where is the kindness and courtesy we were supposed to be raised with? I know I was taught better than that and I taught my own son better than that. I have no problem with the sentence this young man was given for the unfortunate results of his hitting the man who called him the vile name. One must look at the whole picture. The man was warned not to repeat the word and he chose to do so. That is what got him hit. He was asking for it. It was just an unfortunate accident that he hit his head on the way down. And yes, because he was a child molester, I won't miss him.
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Post by melanell on Mar 11, 2022 18:12:26 GMT
When people opt to purposely enter into aggressive or otherwise negative interactions with other people, there is a risk involved.
If you break into empty homes to steal TVs, you can tell yourself you're not taking any major chances with your life, but one day, if a house turns out to be less empty than you thought, you can find yourself at the wrong end of a gun.
If you repeatedly hurl racial slurs at people and verbally abuse them, you can tell yourself that no one would dare do anything to you, but one day, you may catch someone at the end of their rope, and you may find yourself at the end of a fist.
And that goes for road rage incidents, and neighborly "pranks" that go too far or on for too long, for bullies at school, and so on and so on.
If you continually treat other people in an abusive manner, you are taking risks. And to go after the same people over and over, means increasing that risk, because the victims of your behavior will likely grow more and more desperate to stop you from treating them that way as times goes by.
Both people here did something they should not have done. But one was making the advance decision to come here and purposely abuse these employees, while the manager made a snap reaction that I am absolutely sure he did not ever think would end in anyone dying. And of these two people, I can understand finally snapping at someone who won't stop this sort of behavior, but I do not understand exhibiting such hateful behavior in the first place at all.
(As an aside, I actually did used to know someone whose relative was killed from a punch to the face. They didn't fall or hit their head. The actual punch was angled in just the "right" way that it killed them. But even with that story in the back of my mind, I still know that it is certainly much more rare for someone to die from single punch than not and I do not expect that anyone dealing out a single punch would be intending to kill anyone.)
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sassyangel
Drama Llama
Posts: 7,456
Jun 26, 2014 23:58:32 GMT
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Post by sassyangel on Mar 11, 2022 22:59:12 GMT
“In agreeing to a plea deal, prosecutors considered the “totality of the circumstances,” including Pujols’ youth, his lack of criminal history and the fact that he did not intend to cause Cook’s death, Grayson Kamm, a spokesman for Hillsborough State Attorney Andrew Warren, told the Tampa Bay Times. He said they also considered the behavior of Cook and what he said.”
This actually seems like a case of the justice system working as it should.
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Post by papercrafteradvocate on Mar 11, 2022 23:30:03 GMT
Did you read the article? He was convicted of felony battery, not murder. The judge stated why he received the charge and sentence that he did. i read this and several articles. The fact remains, he killed the guy by his actions and people think that's OK. Kyle Rittenhouse.
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sassyangel
Drama Llama
Posts: 7,456
Jun 26, 2014 23:58:32 GMT
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Post by sassyangel on Mar 11, 2022 23:31:46 GMT
i read this and several articles. The fact remains, he killed the guy by his actions and people think that's OK. Kyle Rittenhouse. I don’t think it’s the same as that.
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Post by busy on Mar 11, 2022 23:40:09 GMT
Did you read the article? He was convicted of felony battery, not murder. The judge stated why he received the charge and sentence that he did. i read this and several articles. The fact remains, he killed the guy by his actions and people think that's OK. People think his sentence was appropriate. And a not-small portion of people are fine with the fact that he punched the guy, and think they would have done the same thing, given the other man’s actions. Neither of those is the same as being “ok” with the man’s death. Why are you only concerned with the young man controlling himself? The older man certainly didn’t.
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Post by Lexica on Mar 12, 2022 0:26:38 GMT
I also find it quite telling that no one from Mr. Cook's family spoke at the hearing.
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Deleted
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Nov 23, 2024 11:04:42 GMT
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Post by Deleted on Mar 12, 2022 11:40:35 GMT
Lets turn that the other way shall we. In a civilized society do you get to racially abuse someone twice with the most aggressive and offensive term in the English language and expect no repercussion for your actions? Yet you describe that as just an insult? I don't think for one moment that this young man intended his actions to have such severe consequences but I can understand why he did what he did. For you to compare the victim's actions as just as an insult says a lot about you and your " white privilege"
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Post by hop2 on Mar 12, 2022 13:49:50 GMT
Actually, since it’s Florida, I’m surprised there’s any consequence at all with stand your ground laws & all.
Don’t like the sentence in this situation then protest against Fl stand your ground law 🤷♀️
Do I like this? No. But I don’t agree with a stand your ground defense laws. I’m certainly not going to get all upset that he has house arrest for simply punching an aggressor though, it’s not like people often die of punches. Unlike gunshots where people do frequently die. The man aggressively came in from the drive thru screaming. The employees had every reason to fear for their safety. If you have stand your ground laws then his punishment is actually too harsh. What do you think the outcome would be if the victim was the one who threw the punch?
Or do you think stand your ground defense is only for white people?
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casii
Drama Llama
Posts: 5,525
Jun 29, 2014 14:40:44 GMT
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Post by casii on Mar 12, 2022 14:58:46 GMT
The sentence was appropriate. I daresay if this were a white man, he might have a few hours of community service.
There seem to be 2 different sets of expectations within the justice system. White justice, especially white male justice which often brings more privilege, money and public sympathy to the table. And then justice for people of color or ethnicity who are often prejudged due to the color of their skin and lack the financial resources to mount a hearty defense. The population of our prisons reflects this.
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peabay
Prolific Pea
Posts: 9,940
Jun 25, 2014 19:50:41 GMT
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Post by peabay on Mar 12, 2022 16:56:21 GMT
I don’t think it’s the same as that. Actually, if you're just looking at the OP's statement "The fact remains, he killed the guy by his actions and people think that's OK" it is the same. And I think that's what @papercraftadvocate was referring to. There are a lot of people who are quite fine with Kyle Rittenhouse killing someone.
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