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  1. #1
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    May. 1, 2006
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    Default 4 years probation for killing someone

    This just makes me sick:
    http://www.msnbc.msn.com/id/40843342...me_and_courts/

    If someone punches you in the face after they let their dog pee on your lawn, shoot them. You'll only get 4 years probation.

    Here's another article that adds a bit more info:
    http://articles.chicagotribune.com/2...joshua-funches
    Last edited by RubyLink; Jan. 2, 2011 at 04:41 PM.



  2. #2
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    Aug. 9, 2007
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    I spent over 28 yrs in the business (over 20 in big city and over 8 in the sticks) and was a federal law clerk before that.

    If the victims knew what the cops know about prosecutors. We had guys who dismissed cases because they were afraid to try cases. And guys who gave probation to stone cold killers.

    In the countryside, lots of DAs and assistants are alcoholics, so they try their cases but lose them because they do not care or because they are so hung over.

    If you are every the victim of a crime, check out the stats of your prosecutor. (won-loss, pleas, sentences, dead dockets, nolle pros etc.) Ours were computer printouts.



  3. #3
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    Oct. 27, 2010
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    Default

    Quote Originally Posted by RubyLink View Post
    This just makes me sick:
    http://www.msnbc.msn.com/id/40843342...me_and_courts/

    If someone punches you in the face after they let their dog pee on your lawn, shoot them. You'll only get 4 years probation.

    Reads like a case of stupid meeting more stupid...I mean, really, you argue with an old man who pulls out a gun and then puts it away and THEN you hit him in the face instead of leaving? This guy might be a nominee for the Darwin Awards.



  4. #4
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    Jan. 14, 2003
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    Massachusetts
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    Default

    Quote Originally Posted by coloredcowhorse View Post
    Reads like a case of stupid meeting more stupid...I mean, really, you argue with an old man who pulls out a gun and then puts it away and THEN you hit him in the face instead of leaving? This guy might be a nominee for the Darwin Awards.
    Agreed. He doesn;t sound like the sharpest tool in the shed. It isn't like the guy pulled out the gun and shot him - he had already displayed the weapon once before pulling it out again. I guess calling someone's bluff didn't go to well this time.

    It sounds like the guy who was killed should have walked away but let testosterone rule the day. I honestly would like to hear what the jury heard regarding the young man's role and history between the two neighbors before judging.



  5. #5
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    The man who died did make some stupid decisions (so did Clements), but I don't think he deserved to die for them. Nor do I think that the man who shot him should have received only probation.

    That being said, I'm sure there is more to the story than what is being released in the news and my opinions are based only on what I read in the article.



  6. #6
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    Jul. 11, 2004
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    Default

    I read several of the stories on this event.

    The facts are simple.

    -The home owner was sitting on his porch.
    -The dog is running around without a leash and pees on the man's yard.
    The home owner gets off the porch and tells the owner there's a leash law and to keep his dog off his yard.
    -The dog owner comes on the home owners yard and is swearing at him and verbally threatening the home owner, telling him to mind his own business that he's not going to tell him what to do.
    -The home owner was on his own property, an ex-Marine and pulls out a legal pistol showing it to the thug on his yard threatening him...most times, a gun only has to be shown to give the criminal the message, "Leave me alone". The attacker didn't take the hint.
    -The young guy (43 years younger) threatens him further and punches him in the face.
    -The home owner defends himself on his property and shoots a young thug attacking him once.

    It's not about peeing on a yard, it's about a punk attacking an older guy on his own property because he dared to not just ignore a young thug and dared say something (dissed?....both people were black so we're not hearing nose about racism clouding the situation). That the thug who attacked the home owner also bred 3 kids...so what, doesn't make him a sympathetic character or any less a thug who attacked someone for daring to tell him something he didn't want to hear.

    It's a simple case...if you don't have facts, you go for emotion...this is the way the thugs supporters have gone... saying he was shot due to the dog peeing on the yard...not at all.
    "Sic Gorgiamus Allos Subjectatos Nunc"



  7. #7
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    Thanks Trakehner, I didn't know the facts.

    Altho, before my time in Atlanta, a guy driving a Porsche downtown almost ran a light and bumped a pedestrian who spit on his Porsche. The driver shot and killed the pedestrian, was indicted and tried for murder, and the ex- U.S. Congressman (later my judge) who defended him got the jury to acquit the driver.

    We did once have a grand jury that refused to indict a guy who left his Corvette running at a gas station, and a guy tried to steal it and the owner shot and killed him.

    Our judicial system is somewhat inconsistent.



  8. #8
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    Jan. 15, 2003
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    Virginia
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    Well, I'm sure there are details about the relationship between these two men that we don't know, and the old geezer sure sounds like an unlikeable old fart, but...

    if someone steps into my yard and punches me in the face? They'd better hope I don't have a gun in MY pocket. The fact that the old fart showed him the freaking gun and then he punched him tells me he wasn't playing with a full deck anyway.

    Ooops, just read Trak's post. If his details are correct, old man was justified, IMHO.



  9. #9
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    Quote Originally Posted by cloudyandcallie View Post
    Thanks Trakehner, I didn't know the facts.
    It really took a lot of digging to find the facts and what actually happened without the "peeing on the yard" obscuring the cause. I only saw one photo of the young guy, lots of the older man. The young guy had a lot of cop run-ins and some neighbors made comments about his tude'. The older man had no run-ins with anyone except for his yard. The neighbors thought he was just nuts for his yard, but a good neighbor.

    It's amazing, no matter how thuggish and criminal history people have, there's always an aunt or a relative saying, "He was such a good boy, he was wonderful to his momma".
    "Sic Gorgiamus Allos Subjectatos Nunc"



  10. #10
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    Default

    I sorta just feel bad for the dog....



  11. #11
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    Quote Originally Posted by Trakehner View Post
    I read several of the stories on this event.

    The facts are simple.

    -The home owner was sitting on his porch.
    In one article it said Clements had an idea who's dog was making a mess and wanted to talk to him. He had a plan and he had a gun with him while he was waiting on the porch(I never foudn anything that said he was waiting on the porch so I am going off your statement)
    -The dog is running around without a leash and pees on the man's yard.
    -The home owner gets off the porch and tells the owner there's a leash law and to keep his dog off his yard.
    -The dog owner comes on the home owners yard and is swearing at him and verbally threatening the home owner, telling him to mind his own business that he's not going to tell him what to do.
    I never read anything about him going onto Clements' property so don't know anything about that
    -The home owner was on his own property, an ex-Marine and pulls out a legal pistol showing it to the thug on his yard threatening him...most times, a gun only has to be shown to give the criminal the message, "Leave me alone". The attacker didn't take the hint.
    -The young guy (43 years younger) threatens him further and punches him in the face.
    -The home owner defends himself on his property and shoots a young thug attacking him once.
    I didn't find anything saying that Funches was on his property but I will look around some more. Some say he just blindly shot the guy as he was falling backwards while others say Funches was standing there after he punch Clements and then Clements fired

    It's not about peeing on a yard, it's about a punk attacking an older guy on his own property because he dared to not just ignore a young thug and dared say something (dissed?....both people were black so we're not hearing nose about racism clouding the situation). That the thug who attacked the home owner also bred 3 kids...so what, doesn't make him a sympathetic character or any less a thug who attacked someone for daring to tell him something he didn't want to hear.

    It's a simple case...if you don't have facts, you go for emotion...this is the way the thugs supporters have gone... saying he was shot due to the dog peeing on the yard...not at all.
    I guess it depends on what stories you read. Believe it or not but I did read quite a few articles on this story when I heard about it. The jury found this man guilty of Second Degree Murder but the judge only handed him a 4 year probation sentence. I don't agree with that based on the stories I read. As more information comes out I may change my opinion on this case, but as of now that is how I feel.

    Edited to add: I found an article that said Funches was not on Clements property when he was shot



  12. #12
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    Default

    Quote Originally Posted by IntegritySporthorses View Post
    I sorta just feel bad for the dog....



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