Posted on 12/29/2010 12:55:58 PM PST by Free ThinkerNY
A University Park man who killed a neighbor whose dog urinated on his lawn was sentenced today to four years probation.
"This is not justice," said Gail Williams, the slain man's aunt.
Charles Clements, 69, a great-grandfather, former Marine and retired truck driver who took great pride in his lawn's appearance, could have been sentenced to as much as 20 years.
In declining to send Clements to jail, Will County Judge Daniel Rozak noted the episode was Clements' first contact with the legal system in his 69 years.
He also said the slaying wasn't about a dog urinating on a lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man" The Will County state's attorney's office, which had asked for jail time, indicated it would not appeal the sentence. "He (Rozak) is an excellent judge and we respect his decision," prosecutors said in a statement.
Clements had apologized for his actions at a sentencing hearing that was interrupted last week when the slain man's mother began to hyperventilate in court.
A Will County jury convicted Clements of second-degree murder in October.
(Excerpt) Read more at chicagobreakingnews.com ...
The jury got this one right. The judge got it wrong.
I have heard that he had just turned his life around and skipped college and medical school and was accepted into the Harvard Medical School Neurosurgery program. He turned down a research grant in orbital mechanics saying “by practicing neurosurgery I can make a difference.”
You do know, don't you, that people die every year from blunt trauma to the head?
You've watch too much TV and spent too little time in emergency wards.
/johnny
If someone is standing still when you shoot them, you are not in mortal danger.
He was the initial aggressor, he escalated it by carring and pulling a concealed handgun, and he used deadly force when not required.
I confess I come off a long season of reading Louis L’amour western novels and short stories. I like the “old west” mantra. You tend to be careful about what you say and do when around armed people. They WILL shoot you.
Louis is an amazing authority on the “real” world of 1800’s western culture, in every region and time fo that particular century. One of the most fascinating things I learned was that women were almost 100% safe to travel alone in areas where indians were not a real threat. The most hardened of male criminals considered them off limits. And if you did cross the line, you were everyone’s enemy.
But I ramble...
Wrong. At least in FL:
However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself
“The older guy showed the kid he had two weapons” not to mention that he served our country.
Do you even need a spleen?
>>It’s quite possible he’ll do something else whacked out during the probation then he will go to jail.<<
If he comes across people similar to the guy he shot, yes.
On a related note, I think I’ll watch Death Wish again tonight.
Personally, I think it is a shame. I would much rather live in a world in which neighborhoods could legitimately take care of the neighborhood bully. I really do think it would be preferable to the feral environments so many people are stuck with today.
But I'm a bloodthirsty idiot.
“the guy punched him in the face. That’s a life-threatening act”
Given his age, I tend to agree. Also, if the first punch from a youthful assailant is to the face, it would not be unreasonable to anticipate a follow up punch to the body. For a 79 year old guy this could result in organ damage. That said, being a former marine he could have shot to mame.
I guess it's safe to assume the guy wasn't a genius...not that stupid deserves shooting. Punching an old man in the face does.
Hmmmm, never heard of a jury being wrong..... remember OJ!!!!!
>>...but given the situation, if he hadn’t shot him, he probably would have had grounds to fear. <<
It is what bullies depend on. The only way to stop them is to kill them, but most people don’t have the guts, and they know it.
So, its journalistic malpractice again?
A puppy peed on his lawn. This is not a capitol crime. My guess is the man who came out with a gun didn’t say to the man - “hey can you please not allow your dog to pee on my lawn.” He went out there with his gun to teach someone a lesson about his precious grass and it cost a father of three his life - it’s absurd. The man is a nut.
Someone who is at or beyond the normal retirement age is already at a disadvantage when dealing with some young strong and vigorous punk. Evidently the 23 year old guy never heard the expression that you should never take on an old guy. The old guy knows he doesn’t have a chance in a one-on-one, so his only recourse is to kill you as quickly as possible to avoid serious injury to hmself.
Of course, you know how silly you look venting your gall baldder?
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