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re: Court sentences man to 90 days in jail after he spit on man wearing 'MAGA' hat

Posted on 1/12/20 at 8:00 am to
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 1/12/20 at 8:00 am to
quote:

quote:

90 days seems excessive for an assault that produced no physical injuries to the victim.
I'd normally agree

But in this case the assault was with the explicit intent to squelch freedom of speech. In instances where the intent is tantamount to shitting on important bill of rights issues I have no issue with the sentencing being harsher than usual.
Does this analysis not come perilously-close to “thought crime?” How is it different from “hate crime” sentencing enhancements based upon religion or ethnicity of the victim?
This post was edited on 1/12/20 at 8:01 am
Posted by davyjones
NELA
Member since Feb 2019
35108 posts
Posted on 1/12/20 at 8:00 am to
Ya know what Hankster, we may have let one get by us here. Says he was sentenced to 90 days and one year supervised probation. I sorta think the 90 days is suspended.

Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 1/12/20 at 8:03 am to
quote:

Ya know what Hankster, we may have let one get by us here. Says he was sentenced to 90 days and one year supervised probation. I sorta think the 90 days is suspended.
Very possible. I am routinely annoyed by the lack of precision (and thus accuracy) in reporting on legal issues.
Posted by davyjones
NELA
Member since Feb 2019
35108 posts
Posted on 1/12/20 at 8:06 am to
Agreed. Of course I'm thrown off by his "I dont even care that I'm going to jail" comment.

Either way, the article got it wrong. If he's got 90 days compulsory, it would have to be something like "90 days, plus say 120, suspended and placed on 1 year supervised probation in lieu thereof.

Something they should want to get right if they're taking the time to do a whole article on it.

ETA clarification: He said "don't care that I'm going to jail" at the time of initial arrest. So then it's definitely 90 days suspended. No jail time unless violates probation. Damned article.
This post was edited on 1/12/20 at 8:20 am
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 1/12/20 at 8:21 am to
On crime, Local reporting is usually better than national.
quote:

In addition to jail time, Ajple must pay $155 to Youngblood, according to the sentencing document. He is also ordered to avoid contact with Youngblood and pay all necessary court costs. Ajple must also report to supervised probation within 72 hours of being released from jail, according to the court sentencing document.
So, it appears that he did get some jail time, because I doubt that he was still in jail since the incident because denied bail on a misdemeanor.
This post was edited on 1/12/20 at 8:23 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112686 posts
Posted on 1/12/20 at 8:21 am to
quote:

I wonder whether this guy has recidivism issues or made as arse of himself in court by political grandstanding. The whole “this is exciting” nonsense tends to support the latter theory


Good instincts
Posted by davyjones
NELA
Member since Feb 2019
35108 posts
Posted on 1/12/20 at 8:48 am to
Hmm. Yeah here's the sentencing document. I don't know what kind of operation they're running down there....just says 90 days and 1 year sup prob. So he serves his 90 up front (prob 30ish in reality, good time playing in) and then is just left with the 1 yr s.p.

So what happens if he violates probation? According to that doc, either nothing would happen, or he would be going back to jail indefinitely. Lol

Posted by Powerman
Member since Jan 2004
170705 posts
Posted on 1/12/20 at 8:51 am to
quote:

Does this analysis not come perilously-close to “thought crime?” How is it different from “hate crime” sentencing enhancements based upon religion or ethnicity of the victim?


Oh I definitely recognize that

But I do think that intent is important with any crime

There are a few things that are critical to maintaining a civilized society. Freedom of speech and property rights are at the top of the list. We should be strongly discouraging behavior against anyone who wants to threaten either. I have no problem with a harsher sentence if you can improve the intent is to diminish one of the underpinnings of our civilized society.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 1/12/20 at 8:55 am to
quote:

I don't know what kind of operation they're running down there.
Yeah, but it is a misdemeanor court. Lots of things get done rather half-assed in those courts in lots of jurisdictions.
This post was edited on 1/12/20 at 9:05 am
Posted by davyjones
NELA
Member since Feb 2019
35108 posts
Posted on 1/12/20 at 8:58 am to
Aint no doubt. We tend to run a tight ship in my usual haunts. That's what it looks like on the outside anyway.

Posted by omegaman66
greenwell springs
Member since Oct 2007
26323 posts
Posted on 1/12/20 at 8:58 am to
quote:

"You should go back to Russia you ... communist,"


Said the communist.

Sad how people can be so stupid that they are actually something they believe they hate. Oh the irony.
Posted by Revelator
Member since Nov 2008
62009 posts
Posted on 1/12/20 at 9:07 am to
quote:

Sad how people can be so stupid that they are actually something they believe they hate. Oh the irony.


Yep. One group is minding its own business and simply eating a meal. The other, feels the need to assault the peaceful group. Yet, the one committing the assault calls the peaceful ones communists.
Posted by SOSFAN
Blythewood
Member since Jun 2018
15112 posts
Posted on 1/12/20 at 10:44 am to
So he got 90 days in the county jail ( does 1/2 or less ) plus 1 year of probation. He should have gotten more.
This post was edited on 1/12/20 at 11:08 am
Posted by DavidTheGnome
Monroe
Member since Apr 2015
31332 posts
Posted on 1/12/20 at 10:47 am to
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138151 posts
Posted on 1/12/20 at 10:49 am to
quote:

According to court documents obtained by Treasure Coast Newspapers, Ajple told Youngblood, "You should go back to Russia you ... communist," before slapping his hat off and spitting on him.

quote:

"I was just trying to protect you guys because I support law enforcement. Trump supporters are communist and racist,"


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