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re: Dunkin’ Employee Fatally Punches Man who Used Racial Slur, Charged and Sentenced

Posted on 3/9/22 at 2:25 pm to
Posted by Big Scrub TX
Member since Dec 2013
33584 posts
Posted on 3/9/22 at 2:25 pm to
quote:

murder is bad
Right. Good thing there wasn't a murder in this situation.
Posted by Tigers2010a
Member since Jul 2021
3627 posts
Posted on 3/9/22 at 2:25 pm to
So did the 77 year old have early alzheimers, dementia, parkinsons, lewy body dementia or any other cognitive issues producing personality changes and disorders?
Posted by Big Scrub TX
Member since Dec 2013
33584 posts
Posted on 3/9/22 at 2:27 pm to
quote:


And a registered sex offender. Assaulted many children.

That makes the puncher not guilty because he was heading off another crime using telepathy...signed, the Ahmad Arbery killer defender brigade.
This post was edited on 3/9/22 at 2:31 pm
Posted by Dawgfanman
Member since Jun 2015
22528 posts
Posted on 3/9/22 at 2:27 pm to
quote:

Right. Good thing there wasn't a murder in this situation


Right, the old white man was just battered…to death
Posted by David_DJS
Member since Aug 2005
18002 posts
Posted on 3/9/22 at 2:28 pm to
quote:

Nobody here would give a shite if a white guy punched an irate old black guy who was screaming that his wife was a whore or something and the white guy got 2 years with a bracelet.

I think you're very wrong about this. You should look outside your little racist bubble and see what's actually around you. Not that many people really consider color the way you think they do, until they're forced to by others that think like you do.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79322 posts
Posted on 3/9/22 at 2:29 pm to
quote:

I’m not suggesting lock him away forever but they did nothing to him.



I don't really know what house arrest entails, but for a guy who has no criminal record I suspect arrest, a trial and that will suck. I'm open to the idea that he should have done some real time even if his actions weren't that egregious, but for a normal person I suspect the saga was pretty life-derailing.

I think a reasonable comparison is the Kim Potter case. That wasn't a terrible sentence, so something like that would probably have made sense here.
Posted by Penrod
Member since Jan 2011
39650 posts
Posted on 3/9/22 at 2:30 pm to
quote:

The reason this is controversial is because if the 27 year old was white and knocked out/killed a 77 year old POS black guy who was berating everyone, it'd be a national story and no way the 27 year old gets off so easily. That's unjust, but in a vacuum, the punishment here is probably fine.

Excellently said! No pettyfogging in THAT statement!
Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 3/9/22 at 2:31 pm to
quote:

Meh, he's a 27 year old without a criminal record who was employed at DD. He strikes me as the type to have regret and learn plenty from this, but maybe I'm wrong.


You may be right, but there's nothing in the article indicating any of that. They simply suggested he was young, when at 27 he'd be in the prime of his athletic career as a professional athlete if that was his thing...and that the sounds the old guy made were so horrendous that it basically warranted this kind of reaction.

The second part of the that scares the living shite out of me. Not because I'm white, but because I actually fully believe in free speech. I don't think there are any magic words, or words so bad that merely uttering them means the likelihood of being killed. No one should be given carte blanche ability to attack anyone because they said words you don't like. But this was the inevitable conclusion of "silence is violence." If simply remaining SILENT can be declared violence towards another, then that person attacking you is no longer an attack it's DEFENSIVE! So clearly having the audacity to say "the word that shall not be uttered by whitey" is grounds for being killed.

quote:

In a reasonable world nobody thinks Pujols is a genuinely bad actor and nobody thinks the old cur is a true victim.


I think the old guy was probably a shite head and a racist. I think the 27 year old man who hit him let the fact that we've basically said it's ok to do so if certain sounds are made cloud his judgement and he hit an elderly man causing his death. So yeah, the elderly a-hole is the true victim here and the 27 year old man who hit him because he said something he didn't like is the bad actor. He punched and killed a 77 year old man who had not laid a finger on him...just said words at him.
Posted by Penrod
Member since Jan 2011
39650 posts
Posted on 3/9/22 at 2:31 pm to
quote:

Irrelevant, but perhaps KARMA coming back for him


It wasn't irrelevant on this board when we were discussing the Rittenhouse attackers/victims.
Posted by GreatPumpkin
Member since Mar 2022
1829 posts
Posted on 3/9/22 at 2:33 pm to
Did the old guy physically threaten the employee? If so that changes the way I feel about this.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79322 posts
Posted on 3/9/22 at 2:33 pm to
quote:

I think you're very wrong about this. You should look outside your little racist bubble and see what's actually around you. Not that many people really consider color the way you think they do, until they're forced to by others that think like you do.



I have no clue what you're talking about

If a genderless, race-less 27 year old punched an irate and verbally abusive genderless and race-less 77 year old and the 77 year old died, and the 27 year old had no criminal history, I would not care if said 27 year old got a sentence of this type

And I suspect most wouldn't either
Posted by Penrod
Member since Jan 2011
39650 posts
Posted on 3/9/22 at 2:33 pm to
quote:

How big of a pussy are you that words make you kill someone?

He did not mean to kill him. He punched him. That it resulted in death can hardly be ascribed to his intentions. So restating...

How big a pussy are you that words make you punch someone? Eh, doesn't seem so unreasonable.
Posted by jchamil
Member since Nov 2009
16548 posts
Posted on 3/9/22 at 2:35 pm to
quote:

Nobody here would give a shite if a white guy punched an irate old black guy who was screaming that his wife was a whore or something and the white guy got 2 years with a bracelet.

But that wouldn't happen, so it's the double standard that people care about (if they're honest).


I don't know if that's true. That Garrett (I think) guy who beat an elderly black man to death story on the OT had a lot of people saying he should be in jail
Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 3/9/22 at 2:36 pm to
quote:

Nobody here would give a shite if a white guy punched an irate old black guy who was screaming that his wife was a whore or something and the white guy got 2 years with a bracelet.


I would, but then my arguments are usually logically consistent.

I'm also older, and was taught, "Sticks and stones" and all that old timey out of fashion stuff so the idea of it being totally fine to knock the shite out of someone simply because they said a word to you seems counter to what we were always taught. Also, that whole thing about not hitting old people still seems relevant here as well.

So yeah...if what you described in your hypothetical happened, I'd absolutely be making the same argument I'm making now.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79322 posts
Posted on 3/9/22 at 2:38 pm to
quote:

I think the old guy was probably a shite head and a racist. I think the 27 year old man who hit him let the fact that we've basically said it's ok to do so if certain sounds are made cloud his judgement and he hit an elderly man causing his death. So yeah, the elderly a-hole is the true victim here and the 27 year old man who hit him because he said something he didn't like is the bad actor. He punched and killed a 77 year old man who had not laid a finger on him...just said words at him.



I'm not going to fight you too hard here on the semantics. But from a non-legal perspective if you berate some guy in a way that everyone agrees is extreme, and he hits you once and you die, I can't muster a lot of outrage. I understand your position and I don't think it's wrong/unreasonable.

Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79322 posts
Posted on 3/9/22 at 2:39 pm to
quote:

So yeah...if what you described in your hypothetical happened, I'd absolutely be making the same argument I'm making now.



So what's an ideal punishment in your view, setting all the hypocrisy, etc. arguments aside?
Posted by CedarChest
South of Mejico
Member since Jun 2020
2782 posts
Posted on 3/9/22 at 2:47 pm to
If I'm the family of the victim I'm tort lawyer fishing already. In a way, this is OJ all over again. Junkin' Donuts would be payin' me.
Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 3/9/22 at 2:47 pm to
quote:

How big a pussy are you that words make you punch someone? Eh, doesn't seem so unreasonable.


It does when you are a 27 year old man, the the person saying the word is 77 years old.

I don't know man...maybe it's just because I'm a big guy and always had to be careful in situations like this, but the idea that I'd ever haul off and crack someone who simply said something insulting to me is as foreign a concept as they come to me.

Defend myself from an actual physical attack? Sure...100%. Proactively hit someone because they said things to me I didn't like? frick no.
Posted by AUHighPlainsDrifter
South Carolina
Member since Sep 2017
3110 posts
Posted on 3/9/22 at 2:51 pm to
quote:

He did not mean to kill him. He punched him. That it resulted in death can hardly be ascribed to his intentions. So restating...


How do you know he didn't mean to kill him? Are we just taking the guy's word for it because we certainly can't assume that from the outcome.
Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 3/9/22 at 2:51 pm to
quote:

So what's an ideal punishment in your view, setting all the hypocrisy, etc. arguments aside?


They were originally looking at a manslaughter charge, right? I'd assume that's because it's what most closely fit the facts of the case. Are there similar cases in the jurisdiction where a 20 something man hit a 70 something man and killed him? What were those charges? I'm fine with this mirroring those.

I think they let the "word" get in the way of what would have otherwise been seen as a fairly regrettable but serious felony. At the end of the day, a guy assaulted another guy and the result was the second guy's death. This was not done in self defense...it was done out of anger at words.
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