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Esmonde: Schmidl’s role of avenger is justifiable (man protects 5-yr-old son, law comes down hard)
Buffalo News ^ | 6/6/07 | Donn Esmonde

Posted on 06/07/2007 3:21:34 PM PDT by LibWhacker

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To: Kevmo
Good for you. The other day I was at Lowes and this 8-10 year old was running from his Mom in the parking lot. I proceed to enter the store. As I was returning to my car the Mom was still chasing her kid. She decided to get in her car and “make believe” driving off. The kid just snickered. I was parked next to him and when the mother drove up I told her “he needs a belt”. She looked at me as if I just ran over he dog. I just shook my head.
21 posted on 06/07/2007 4:21:16 PM PDT by Orange1998
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To: cubreporter

It’s cool, that needs to be said more than once.


22 posted on 06/07/2007 4:21:31 PM PDT by loungitude (The truth hurts.)
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To: All

He loses in a court of law? Not with me on the jury. I got two words for ya: “JURY NULLIFICATION”

I would be on that jury and vote “not guilty” all day long.

A judge CAN overturn it, but it’s rare.

A cop CAN arrest you without seeing what you are alleged with having done. Besides this guy probably ADMITTED what he did, he was righteously pissed off.


23 posted on 06/07/2007 4:28:01 PM PDT by LSBeene
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To: LibWhacker

I have to disagree, not with what he did, but how he did it.

Any menace by the 10 year old is based on three things: his hockey stick and pucks, his fists, or his skates. By this account, he was using his hockey stick and pucks only.

This means if the man had taken away his hockey stick, either it would have ended the situation, or the boy would have used other weapons.

However, the man grabbed the boy, not his stick, which is a whole different kettle of fish.

Though it might be emotionally gratifying, you don’t want adults going around, grabbing or disciplining other people’s children. That can very rapidly turn into adult on adult aggravated assault or even homicide. A lot of people would go into a blind rage if a stranger grabbed their child. It is almost an instinctual reaction.

There are times when it is generally okay, such as breaking up a fight, or if the child is attempting to do something that could cause imminent harm. But again, the adult should be trying to stop what they are doing, not the child itself.


24 posted on 06/07/2007 4:30:40 PM PDT by Popocatapetl
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To: LibWhacker

Well maybe he’ll be able to get the same sheriff parole as Paris “stupid spoiled whore” Hilton


25 posted on 06/07/2007 4:38:10 PM PDT by Leofl (I'm from Texas, we don't dial 9-11)
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To: loungitude

Thank you.


26 posted on 06/07/2007 4:45:14 PM PDT by cubreporter
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To: JLS

“For a cop to arrest you without a warrant requires the cop to witness you committing what the cop believes is a crime.”

Uh, nope.


27 posted on 06/07/2007 4:52:10 PM PDT by Nik Naym (If Republicans are your problem, Democrats aren't the answer!)
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To: Popocatapetl
You supported the base argument:

or if the child is attempting to do something that could cause imminent harm.

Hockey pucks are potentially lethal, especially against a child. At the very least, they are extremly harmful if aimed directly at an unarmored person. The force generated by the slap of the stick can propel the puck at several hundred feet per second. A 5 year old would not stand a chance against a direct impact.
28 posted on 06/07/2007 4:59:52 PM PDT by rjsimmon
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To: Popocatapetl

I agree with the take away the stick approach. When the ignorant mother shows up to scream about it, break it in half and give it to her


29 posted on 06/07/2007 5:01:17 PM PDT by Starwolf
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To: LSBeene

The older I get, the more I beleive in jury nullification


30 posted on 06/07/2007 5:02:04 PM PDT by Starwolf
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To: LibWhacker

No jury composed of sane adults will convict. It’s amazing the DA went forward with this.


31 posted on 06/07/2007 5:23:08 PM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
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To: Popocatapetl
However, the man grabbed the boy, not his stick, which is a whole different kettle of fish.

I'm not a lawyer (and I give thanks every day for that fact) but there once was a standard of "reasonable" behavior implicit in the law. What this man did was reasonable. He didn't hurt the child and there's no allegation that he did.

He corralled him and went to look for a supervisor.

"Grabbing" a child does not necessarily equate to violence or sexual behavior as modern laws seem hysterically designed to punish. I hope we've got a reasonable judge up in Amherst who will dismiss this entire thing. And boy do I wish "loser pays" applied in this case.

32 posted on 06/07/2007 6:01:55 PM PDT by BfloGuy (It is not from the benevolence of the butcher, the brewer, or the baker, that we can expect . . .)
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To: cubreporter

What happened to “It takes a village”?


33 posted on 06/07/2007 6:16:54 PM PDT by Bob J (nks)
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To: LibWhacker

I don’t see the problem. The kid committed attempted assault and the father held him until police arrived.


34 posted on 06/07/2007 6:19:31 PM PDT by Bob J (nks)
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To: Popocatapetl
Right on! I can't believe it took 24 comments before someone came up with the right solution in this situation: disarm the assailant.
35 posted on 06/07/2007 7:30:41 PM PDT by TXnMA ("Allah": Satan's current alias...)
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To: LibWhacker

Charles Schmidl has my support. I work and live in the vicinity where all this happened. The government, its employees and the school system especially are the most PC liberal worthless pieces of human refuse that there are. They push an attitude where parental authority is stifled and children have no authority to answer to. When my oldest daughter was in third grade she was beat up every week or two as she walked home from school by three sixth grade boys. We went to the school and asked for help in the matter. The school refused to get involved. We called the parents of each boy and got nothing but stonewalled since their kids were all angels. Nothing could or would be done, so we enrolled our daughter in a local self-defense school so that she could learn how to protect herself. Two months went by and the three bullies decided that she needed beating up. When they attacked she grabbed the index finger of the first assailant and broke it. She then kicked the second in the face breaking his nose. The third she hit with her lunch box breaking the thermos bottle and knocking out 4 teeth. Now the school decided to get involved. We had to defend our decision to allow her to learn self defense. This community provides facilities for the children through high taxes, but then go on the cheap by not providing supervision for the facilities. The police at least decided that since no adults were involved, that she was merely defending herself. Thank got her mother and I did not try and stop these juvenile delinquents, we’d have been charged with touching or some other such nonsense.


36 posted on 06/07/2007 8:02:49 PM PDT by BuffaloJack
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To: LibWhacker
BUMP!

smack to kid again, too.

37 posted on 06/07/2007 9:27:02 PM PDT by skinkinthegrass ( just b/c, you suffer from paranoia, doesn't mean they're not out to get you....Run, Fred, Run :^)
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To: The_Reader_David
No jury composed of sane adults will convict. It’s amazing the DA went forward with this.
....Not really,think , Duke Lacrosse Case.
...it was for the Chil'ren.

38 posted on 06/07/2007 9:35:37 PM PDT by skinkinthegrass ( just b/c, you suffer from paranoia, doesn't mean they're not out to get you....Run, Fred, Run :^)
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To: BuffaloJack
...GOOD FOR HER! :)
...a righteous/measured response.
39 posted on 06/07/2007 9:42:05 PM PDT by skinkinthegrass ( just b/c, you suffer from paranoia, doesn't mean they're not out to get you....Run, Fred, Run :^)
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To: LibWhacker
Authorities are not stepping up to the plate. My son has been attacked at school and outside. Other than suspension for the perp, nothing is done. The police were called as suggested by the school after I took my son home.

When the policeman came to our home, he said if he didn’t see it, it didn’t happen. And further the school should have called them, BUT then he would only mediate between the parties.

After the perp’s suspension was over, the perp sent word to my son that he’ll get him in HS.

Now our next choice is to hire an attorney and threaten to sue the school. BTW, I wrote the principle of the police response to inform him not to send kids home to call the police. That the staff should call the police. His response was to call the district’s lawyer and confirm that he didn’t have to call the police. He assured me he thought bringing the police in was appropriate in this matter.

40 posted on 06/08/2007 5:18:24 AM PDT by AmericaUnite
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