Posted on 06/16/2013 8:28:41 AM PDT by Behind Liberal Lines
Clyde, N.Y. --- A Wayne County man is now facing four charges for Endangering the Welfare of a Child after he interrupted an act of vandalism at a home he was renovating for his father-in-law.
The incident unfolded around 9 p.m. Saturday when Jesse Daniels said he told his wife to call 911 after he heard loud noises coming from the home next door and saw an individual striking a wall with a hammer.
Daniels... ran next door and found four children, ages eight and ten, doing damage to the property. Daniels said he took a hammer from one of the kids and corralled them into a closet while he waited for police to arrive. Daniels estimated that the damage to his father-in-law's property exceeds $40,000...
Clyde Village Police took the children back to their parents and filed felony criminal charges of Burglary 2nd Degree and Criminal Mischief 2nd Degree. Those cases will be handled in Family Court and the results of each case is likely to remain sealed.
On Monday police returned to Daniels' home and arrested him on four counts of Endangering the Welfare of a Child.
The parents of the children insisted on the charges according to authorities. They claim that their children were shoved into the closet, that one was grabbed around the neck, and that Daniels' threatened them with the hammer.
Daniels was arraigned on those charges and is due back in court later this month. The maximum sentence on each charge is one year in county jail.
Wayne County District Attorney Richard Healy tells 13WHAM News that the entire incident is still under investigation and he is still gathering information. While Healy can decide not to prosecute he said he does not have enough information at this time to make that decision....
Paul Bowler lives not far from Daniels’ home and the home that was vandalized and he made no excuses for the actions of his boys and their two alleged accomplices when 13WHAM News confronted him....
Bowler said his two boys are traumatized by the incident and their mother showed 13WHAM News a picture of the incident that she says one of them drew. Bowler also provided 13WHAM News with a photo of the neck of one of his boys because he said Daniels grabbed his son by the neck and left a mark.
“Oh they're traumatized, they haven't been to school they don't sleep until the sun comes up,” said Bowler.
"I don't know why he didn't get more charges than just Endangering the Welfare of a Child because if you're asking me that's imprisonment, that's unlawfully dealing with a child,” said Bowler.
"I would like to see them (the charges) dropped against me because I was just protecting my family and had the house torched it would've affected my home and everything,” Daniels responded. "I hope the children learn a lesson, I don't want to see them grow up to be bad people. I mean they're intelligent kids. What happened\ happened and I just want to get it over with and not have any more problems that's all I want.”
No,they don’t have ANY shame because they don’t even know how to spell the word!It’s obvious that these kids are being brought up by parents who don’t know right from wrong!!It’s the parents who should be charged!!!!!!!!!!!!!!!
No good deed goes unpunished.
in many cases (like this one), a court hearing on a charge needs to be conducted by a judge, B4 any formal charge and arrest
and only a formal criminal charge made on the judge’s order
leaving a “plaintiff” only a civil suit if they care to try it, having already lost the criminal charge
Ridiculous...
Subsection 1 doesn’t require the defendant be a parent, etc. Daniels was presumably charged with that subsection.
This law is constantly overused by cops in NYS. People have been charged with cursing in front of kids or arguing with their spouses. I know of one case where a landlord was threatened with it if he evicted a deadbeat family with children because that would “endanger” them.
It’s NY’s number one tool for criminalizing everyone.
Not in NY. In order to charge someone with endangering all that is required is that a police officer swear out a complaint.
The purpose of the Courts and law enforcement is to control whar are normal law abiding citizens while protecting crools and criminals. If an law abiding citizen happens to get murdered, robbed, or raped they could not care less. What is important to them is that the law abiding productive [taxpaying] citizen be kept in their place [on their knees begging their masters for “protection” from the criminal and not protecting themselves.
Trauma might not be a bad thing - anyone heard of “Scared Straight”?
Fourteenth Amendment explained / Eric Williams
First - forget everything you ever knew about the Fourteenth Amendment - then carefully read the below expose:
Take the Amendment’s opening clauses, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state where in they reside...”
Now, consider the same clauses with the central, explanatory clause removed, and it then reads: “All persons born or naturalized in the United States are citizens of the United States and of the state wherein they reside...”
Under the rules of English grammar and punctuation, the second clause, “and under the jurisdiction thereof, “ is an explanatory clause. Explanatory clauses do not add to nor in any way change or alter the meaning of the writing in which they are included; their purpose is to explain. As it is self evident that naturalized persons volunteer into the jurisdiction of the United States as an inherent aspect of their voluntary naturalization, the explanatory obviously was not relevant thereto. Therefore the inclusion of this explanatory clause is to clarify that persons born in the
United States, in deference to the Thirteenth Amendment, do not become and are not, at the moment of their birth in the United States, automatically citizens thereof because such newborn persons are incapable of personally volunteering themselves into servitude. I contend that the inclusion of “persons naturalized” was somewhat obfuscatory.
Finish the article here:
http://freedom-school.com/eric-williams/02-25-2006.pdf
14th Amendment:
“All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the state wherein they reside...”
RULE: Never accept a presentment without contesting it, but remember that the ONLY thing you want to contest is the “style of the case,” i.e. the corruption of your Christian appellation into a corporate fiction form. To argue anything else in the pleading (even a contention that you are an ax murderer) instantly causes you to traverse into the opposition’s jurisdiction-and you’re dead!
The burden is upon them to prove that they have jurisdiction over you.
Did you ‘knowingly and willingly’ volunteer to become a US citizen?
Did you fully comprehend the fact that you were ‘voluntarily’ waving your constitutional rights to become a 14th amendment debt slave?
Brady v. United States, 397 U.S. 742, 748 (1970)
Waivers of Constitutional Rights not only must be voluntary, but must be knowingly intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences.
================================================== ================================================== ============
17. Under the Federal and State Constitutions, “... We the People” did not surrender our individual sovereignty to either the State or Federal Government. Powers “delegated” do not equate to powers surrendered. This is a Republic, not a democracy, and the majority cannot impose its will upon the minority simply because some “law” is already set forth. Any individual can do anything he or she wishes to do, so long as it does not damage, injure or impair the same Right of another individual. The concept of a corpus delicti is relevant here, in order to prove some “crime” or civil damage.
18. The case law surrounding the 13th and 14th Amendments all rings with the same message: “These amendments did not change the status of Common Law Citizenship of the white Citizens of one of the several States of the Union” (now 50 in number).
19. This goes to the crux of the controversy because, under the so-called 14th Amendment, citizenship is a privilege and not a “Right”. (See American and Ocean Ins. Co. v. Canter, 1 Pet. 511 (1828); Cook v. Tait, 265 U.S. 47 (1924).)
20. It was never the intent of the so-called 14th Amendment to change the status of the Common Law Citizens of the several States. (See People v. Washington, 36 C. 658, 661 (1869); French v. Barber, 181 U.S. 324 (1900); MacKenzie v. Hare, 60 L.Ed. 297). Intent is always decisive and conclusive on the courts.
21. However, over the years, the so-called 14th Amendment has been used to create a fiction and to destroy American freedom through administrative regulation. How is this possible? The answer is self-evident to anyone who understands the law, namely, a “privilege” can be regulated to any degree, including the alteration and even the revocation of that privilege.
22. Since the statutory status of “citizen of the United States, subject to the jurisdiction thereof” (1866 Civil Rights Act) is one of privilege and not of Right, and since the so called 14th Amendment mandates that both Congress and the several States take measures to protect these new “subjects”, then both the Federal and State governments are mandated to protect the privileges and immunities of ONLY these “citizens of the United States”.
(See Hale v. Henkel, 201 U.S. 43 (1906).)
23. Of course, the amount of protection afforded has a price to pay, but the important fact is that the “privilege” of citizenship under the so-called 14th Amendment can be regulated or revoked because it is a “privilege” and not a RIGHT. It is here that the basic, fundamental concept of “self-government” turns into a King “governing his subjects”.
http://www.supremelaw.org/fedzone11/htm/chapter9.htm
Not in NY.
I was not speaking on what current law and practice is but what it ought to be, in my view.
I'm guessing that's a standard day in the life of these little punks.
if someone is on your property and tearing down your house in many states, I think you are within your rights to shoot them.... but in NY you cannot even corral them?
They haven’t been to school?
summer school?
This state is so screwed up.
Hopefully Daniels’s lawyer brings that up to Bowler. Let him do a little pokey time.
We had a similar incident some years ago with 2 neighborhood kids vandalizing one of our cars. The Fairfax County (VA) police (God bless ‘em) pursued what might have appeared a trivial matter and found the two.
The parents’ immediate reaction was “not MY son” which quickly changed to “mea culpa” when presented with evidence and the kids’ acknowledgment of their wrongdoing. If their parents’ reaction had been Bowlers, I’d have pursued the matter beyond a good lesson from FCPD.
It's Ithaca......
School just got out this weekend for much of NY. I wouldn't be surprised if some kids still have to go.
Depends how much time they lost for snowdays during the winter.
this is called counterpunch.
It is why we have no morality in this country.
This happens all the time. in lots of ways.
Not unless Ithaca has been uprooted and transported from Tompkins County to Wayne County without anyone noticing.
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