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Baton Rouge DA decides against hate crime in beating
WWLTV ^ | 7/13/2013

Posted on 07/14/2013 1:19:27 PM PDT by Altura Ct.

A Louisiana prosecutor says he won't pursue hate crime charges against a black man accused of beating a white man and telling the victim he was in "the wrong neighborhood."

The Advocate reports that Donald Ray Dickerson, 41, is charged with assaulting the man at a Baton Rouge gas station in May.

East Baton Rouge Parish District Attorney Hillar Moore III said Friday that he'll prosecute Dickerson as a habitual offender, instead of hate crime charges.

Moore says Dickerson faces a much longer sentence under the habitual offender law and the victim supported his decision.

Under the state's habitual offender law, Moore said a defendant can be sentenced to life in prison without the possibility of parole when someone is convicted of four felonies -- at least two of which are crimes of violence.

Dickerson, who had recently been released from federal prison at the time of the attack, has previously been convicted of purse snatching, carnal knowledge of a juvenile and armed robbery.

Online jail records didn't list an attorney's name.

Moore had considered charging Dickerson with a hate crime "enhancement" to second-degree battery because of the racial overtones of the attack. A hate crime conviction in Louisiana enhances a felony sentence by up to five years, but prosecutors say it can be challenging to prove a crime was motivated by a suspect's bias.

Prosecutors have filed charges of second-degree battery against Dickerson in the gas station attack. He also faces a charge of failing to register as a sex offender.

The beating happened about 11 p.m. on May 12 at a Chevron station on Scenic Highway in north Baton Rouge.

Dickerson is accused of knocking the white man unconscious after telling him he was "in the wrong neighborhood and he was not going to make it out," according to court filings.

Two other suspects, Devin Bessye, 24, and Ashley Simmons, 22, allegedly struck the man's wife and 14-year-old daughter. Both were issued summonses for simple battery, a misdemeanor.

Provisional Police Chief Carl Dabadie Jr. has said the officers who decided not to book Bessye and Simmons into East Baton Rouge Parish Prison were counseled for an "error in judgment."

Baton Rouge police Lt. Don Kelly has said officers did not feel there was probable cause for Dickerson to be booked with a hate crime in the attack. Under state law, a hate crime occurs when a person selects a victim "because of actual or perceived race, age, gender, religion, color, creed, disability, sexual orientation, national origin, or ancestry ..."

A witness, Mykeisha Henderson, has said the assault began with Dickerson teasing the victim about wearing a pink shirt, but she did not recall hearing any remarks from Dickerson about the white man being in the "wrong neighborhood."


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; US: Louisiana
KEYWORDS: ashleysimmons; batonrouge; carldabadiejr; devinbessye; donaldraydickerson; habitualoffender; hillarmooreiii; louisiana; scenichighway; sexoffender

1 posted on 07/14/2013 1:19:27 PM PDT by Altura Ct.
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To: Altura Ct.
"All animals are equal, but some animals are more equal than others."

George Orwell

2 posted on 07/14/2013 1:21:46 PM PDT by Stepan12
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To: Altura Ct.

PRES RELEASE - The White House

President Obama asks for calm, saying “Mr. Dickerson could be my son.”

Wait. Never mind.


3 posted on 07/14/2013 1:22:43 PM PDT by Makana (Patience is minor despair dressed up as a virtue.)
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To: Altura Ct.

There are no hate crimes, just reparations.


4 posted on 07/14/2013 1:23:35 PM PDT by jimfree (In November 2016 my 13 y/o granddaughter will have more quality exec experience than Barack Obama)
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To: Altura Ct.

You can bet a white man attacking a black man in Baton Rouge would be a hate crime.


5 posted on 07/14/2013 1:24:29 PM PDT by Artie (We are surrounded by MORONS)
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To: Altura Ct.

Despite the obvious double-standard on the hot-button issue of “hate crimes” it is difficult to fault the tactical decision of the prosecutor in this case if he is pursuing the habitual offender sentence.


6 posted on 07/14/2013 1:25:52 PM PDT by volunbeer (We must embrace austerity or austerity will embrace us)
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To: Altura Ct.

This is why Americans cannot allow this administration to take away their Second Amendment rights. This government isn’t interested in their safety.


7 posted on 07/14/2013 1:27:23 PM PDT by FlingWingFlyer (If America is a nation of immigrants, where's my free stuff?)
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To: Altura Ct.

Only one answer to this insanity...

8 posted on 07/14/2013 1:28:22 PM PDT by Kenton
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To: volunbeer

Seems like he could pursue both though. Why is it either or?


9 posted on 07/14/2013 1:29:30 PM PDT by DannyTN
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To: volunbeer

Seems like he could pursue both though. Why is it either or?


10 posted on 07/14/2013 1:29:30 PM PDT by DannyTN
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To: Altura Ct.

JUSTICE FOR THE GENERIC WHITE GUY!!!!


11 posted on 07/14/2013 1:32:48 PM PDT by VanDeKoik
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To: DannyTN

Likely because the courts have recognized that hate crimes laws are vile bulldada, so have quietly set up some obstacles to it in the process. Whereas, habitual offender statutes have some real teeth, and are not as subject to legal morass, precisely because they work.


12 posted on 07/14/2013 1:34:06 PM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: Altura Ct.

Open season on “crazy-ass cracker”s

So much for “equal justice under law”.


13 posted on 07/14/2013 1:36:15 PM PDT by lightman (Prosecute the heresies; pity the heretics.)
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To: Altura Ct.
Dickerson, who had recently been released from federal prison at the time of the attack, has previously been convicted of purse snatching, carnal knowledge of a juvenile and armed robbery.

How unfair to bring up the past!

Two other suspects, Devin Bessye, 24, and Ashley Simmons, 22, allegedly struck the man's wife and 14-year-old daughter. Both were issued summonses for simple battery, a misdemeanor.

Provisional Police Chief Carl Dabadie Jr. has said the officers who decided not to book Bessye and Simmons into East Baton Rouge Parish Prison were counseled for an "error in judgment."

What race/political affiliation were the officers, I wonder.

14 posted on 07/14/2013 1:36:36 PM PDT by workerbee (The President of the United States is DOMESTIC ENEMY #1)
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To: Altura Ct.

Well, if (IF) true that he will face a longer sentence as charged, rather than being charged with a hate crime, then I’m OK with it. Plus, regardless of that, I’m sure Prince Eric will launch a civil rights violation investigation, right? Right?


15 posted on 07/14/2013 1:37:30 PM PDT by clintonh8r (white Caucasian)
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To: Altura Ct.

The whole idea of “hate crime” was stupid to begin with.

And I’ll certainly excuse this DA if the penalty will really be longer for being a habitual defender.


16 posted on 07/14/2013 1:38:33 PM PDT by Cicero (Marcus Tullius)
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To: Cicero

Offender.


17 posted on 07/14/2013 1:38:49 PM PDT by Cicero (Marcus Tullius)
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To: yefragetuwrabrumuy
Likely because the courts have recognized that hate crimes laws are vile bulldada, so have quietly set up some obstacles to it in the process. Whereas, habitual offender statutes have some real teeth, and are not as subject to legal morass, precisely because they work.

Now let me give you my LIBERAL brother-in-law's take on the habitual offender condition. He states the only reason the habitual offender condition exists is because lobbyists for private prisons have convinced the legislatures that the condition needs to exist. He argues that because of this condition the sentencing of these felons results in longer sentences and thus more population in the prisons. So it is only to make profit for the private prisons.

And it gets even more bizarre. He claims there are no public prisons, either federal, state, or local, in the United States any more. He claims those bad guys, private corporations have bought all the prisons and are using them to make a profit. So they need as many beds filled as possible, hence lobbyists forcing legislatures to make laws which have lengthy sentences.

So I asked him would you rather have the criminals running loose so the corporations do not make a profit or have them in prison so he could be safe. Instant silence.

18 posted on 07/14/2013 1:42:17 PM PDT by ProudFossil (" I never did give anyone hell. I just told the truth and they thought it was hell." Harry Truman)
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To: VanDeKoik

That’s good!

How about compiling a stack of papers with all the crimes blacks have perpetrated against other races in the last 5 years and presenting it to Holder, Obama, Sharpton, and Jackson? It would probably be as thick as the NYC phone book.


19 posted on 07/14/2013 1:47:05 PM PDT by Pining_4_TX (All those who were appointed to eternal life believed. Acts 13:48)
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To: DannyTN

Louisiana law is a bit different and I have no experience with it. However, prosecutors usually go after the easiest charge to prove with the best sentence and ignore or don’t pursue other charges.

From a cursory review of the facts presented, this could be construed as a hate crime. However, there is little doubt this was a violent assault. Therefore, the prosecutor can embroil himself in a flawed law where hate must be proven or he can simply prove that an assault took place for a much bigger sentence.

Why bother with “could be” and cloud the trial when “he did it” results in a huge sentence? I would bet the “hate crime” would run concurrent to the better charge so there is no benefit beyond a political point and that is not the job of a prosecutor as many of us pointed out in the recent travesty.


20 posted on 07/14/2013 1:48:01 PM PDT by volunbeer (We must embrace austerity or austerity will embrace us)
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To: ProudFossil

Well, he got one thing right. Private prisons are not a good idea. The legitimate role of government is public safety and national defense. It government weren’t busy doing things it shouldn’t maybe it could do a better job on what it is supposed to do.


21 posted on 07/14/2013 1:48:38 PM PDT by Pining_4_TX (All those who were appointed to eternal life believed. Acts 13:48)
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22 posted on 07/14/2013 1:53:30 PM PDT by RedMDer (When immigrants cannot or will not assimilate, its really just an invasion. Throw them out!)
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To: volunbeer
"Despite the obvious double-standard on the hot-button issue of “hate crimes” it is difficult to fault the tactical decision of the prosecutor in this case if he is pursuing the habitual offender sentence."

I'm good with it too. Otherwise we're like the people who got their knickers all twisted because the killers of James Byrd in Texas weren't prosecuted for hate crimes. Two of the three were sentenced to death and the third for life under existing law, but that wasn't enough for some since there was no hate crime charges.

Yes it would be nice to see all laws applied equally, but that is really the best argument against hate crimes legislation altogether.

23 posted on 07/14/2013 1:53:55 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: Altura Ct.

Since I oppose the very notion of a “hate crime”, being a charge against thought, I support this action.


24 posted on 07/14/2013 2:08:51 PM PDT by CharlesWayneCT
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To: Altura Ct.
The purpose of hate-crime legislation is to manufacture white, heterosexual thought-criminals.

Hate-crime charges must not be used for any other purpose.

25 posted on 07/14/2013 2:32:18 PM PDT by E. Pluribus Unum (Who knew that one day professional wrestling would be less fake than professional journalism?)
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To: Altura Ct.

“...Under the state’s habitual offender law, Moore said a defendant can be sentenced to life in prison without the possibility of parole when someone is convicted of four felonies — at least two of which are crimes of violence.

Dickerson, who had recently been released from federal prison at the time of the attack, has previously been convicted of purse snatching, carnal knowledge of a juvenile and armed robbery....”
********************************************************************
Reading the article, it makes sense. The “habitual criminal” beef carries a longer sentence and is less problematic proving.

Plus “hate crimes” are a stupid category which are frequently abused (mainly against white non-gay defendants).


26 posted on 07/14/2013 2:41:02 PM PDT by House Atreides ( D)
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To: Altura Ct.

The justice system won’t defend us, and the government wants to take away our guns. This government better start treating us all as equal human beings, or there will be trouble.


27 posted on 07/14/2013 3:05:15 PM PDT by popdonnelly (The right to self-defense is older than the Constitution.)
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To: Altura Ct.

Hate crime laws were created for the express purpose of putting Whites in jail for anything they say or do, or don’t say or don’t do, and setting free any non-White who assaults them.


28 posted on 07/14/2013 3:53:14 PM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: ProudFossil

After reading your post, what we all want to know is “What did you do in a previous life to be cursed with such an in-law?”


29 posted on 07/14/2013 5:14:18 PM PDT by GladesGuru (Islam is antithetical to, and Islam is irreconcilable with, America. Therefore - Islam Delenda Est)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks Altura Ct.
A Louisiana prosecutor says he won't pursue hate crime charges against a black man accused of beating a white man and telling the victim he was in "the wrong neighborhood."
The assailant won't last a year, he'll be capped by one of his peers. No jury, just a peer.


30 posted on 07/14/2013 5:18:54 PM PDT by SunkenCiv (McCain or Romney would have been worse, if you're a dumb ass.)
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To: GladesGuru
After reading your post, what we all want to know is “What did you do in a previous life to be cursed with such an in-law?”

Nothing in any prior life. My first wife was about as bad as the current brother-in-law. My intro to this brother-in-law was marrying the most wonderful, intelligent, and beautiful woman any man would want to be associated with. And the brother-in-law was not really that bad when we got married. Since then he married a real true Berkley screaming liberal. He has been corrupted. Since I only have to associate with him once or twice a year it is not that bad (other than he does drink up all my rum other than that I hide from him).

31 posted on 07/14/2013 5:32:50 PM PDT by ProudFossil (" I never did give anyone hell. I just told the truth and they thought it was hell." Harry Truman)
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