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Did you hear the one about the hobo and the frat boy?

 
 
joefromchicago
 
  1  
Reply Thu 3 May, 2007 11:03 pm
boomerang wrote:
I think he's probably high risk. I think anyone that would do something like this is unbalanced at best. I think he's only sorry that he got caught. Five months in jail might sober him up a bit to his jerkiness but I think the guy is dangerous.

Well, I don't know the young man and I wasn't at the sentencing hearing, so I can only guess at what kind of risk he is. From the news reports, it sounds more like he was stupid than vicious. The notion that he was "hunting for sport" is just hyperbole, as far as I can tell. If he had gone up to the top of the university's belltower with a scoped rifle and several hundred rounds of ammunition, I'd think differently, but firing a single shot at an individual doesn't sound like he was hunting humans, it just sounds like a terribly callous, stupid mistake.

I'm sure there will be reactions to this post but I won't be able to respond to them -- I'll be offline for the next three days. Just don't want anyone thinking that I'm ignoring you.
0 Replies
 
OGIONIK
 
  1  
Reply Fri 4 May, 2007 02:54 am
is this for real? that is sickening.
0 Replies
 
Setanta
 
  1  
Reply Fri 4 May, 2007 08:36 am
joefromchicago wrote:
Which leaves only retribution. The state certainly has an interest in exacting a measure of revenge against any malefactor, both to satisfy the presumed desires of the victim and to demonstrate the value that it places on the sanctity of its laws and on the public order. And retribution alone could justify a much more severe sentence than the one handed down in this case. I wonder, however, if that's enough of a reason to destroy this young man's life when there is still the potential for him to become a productive member of society. And I wonder if anyone here has wondered that too.


I wonder why anyone would assume that a frat boy who is willing to behave in this manner--shooting someone with malice aforethought (as has been pointed out, he had to go find the gun, load it, and find a convenient point from which to shoot, and a point from which the "hobo" would likely not have seen the threat), and then ignoring the consequences of the act (going for a pizza), followed by lying to investigators (and therefore obstructing the investigation)--has a greater likelihood of becoming a productive member of society than would any other young man of the same age who did not grow up in an allegedly sheltered environment. Is one to assume that the mere fact that this joker is attending university evidence that he would become a more productive member of society? Does one assume that he would be more productive because the "old boy net" to which he would be more likely to have access than a working class young man of the same age, but differently placed economically, would afford him opportunities denied others?

James Kier Hardy stood, as an pre-adolescent boy, in the dining room of his employer, while his employer and his family ate a generous breakfast of the kind which Hardy himself had never had in his life--and was told that he was fired for being late (a matter of a few minutes). This was a severe blow to his family, which depended on his income, but his mother continued to educate him in the few hours available when they weren't both working, so that he would not be illiterate. At age 11, he found employment in a coal mine. He helped to found the union movement in the Scots collieries. Hardy was a founder of the Labour Party in England, which won 29 seats in the 1906, with Hardy chosen as party leader.

Andrew Carnegie had a similar background, having worked as a child due to the exegencies of his family's poverty, but also having educated himself (in his case, thanks to the generosity of a local retired officer who started a library for indigent boys). He came to the United States, found work as a telegrapher, and eventually became one of the richest men in the world, and sold U.S. Steel (along with its other owners), his share of the sale mounting to more than $200,000,000.

Do we assume that this boy is a better prospect for contributing to society because of his pampered background? Would that not suggest that men like Hardy and Carnegie ought never to have been considered to be likely to contribute to society in the same degree as the privileged boys of their respective generations? Can you name for me two scions of wealthy families in Scotland born in 1835 and 1856 who contributed more to society?

I find the gentler and more closely reasoned suggestion of Joe's part that this boy has a contribution to make to society to be based on no better argument than the more terse and impassioned argument of the gentleman from the police department who spoke of his sheltered background. Perhaps i am wrong and Joe can correct my misapprehension, but it appears to me that one is to assume that he is likely to have a contribution to make to society--despite this stark evidence of an apparently complete lack of compassion and empathy--based solely upon his social provenance.

I reject the notion that social position is a reliable indicator the potential value of anyone to the society of which they are a part. I see this argument as, even in not so intended, a call for the perpetuation of systems of privilege.
0 Replies
 
Setanta
 
  1  
Reply Fri 4 May, 2007 08:48 am
joefromchicago wrote:
. . . but firing a single shot at an individual doesn't sound like he was hunting humans, it just sounds like a terribly callous, stupid mistake.


I'm not trying to beat up on you personally, Joe, so i hope that you won't take it this way.

It was also stupid and callous to have gone out for a pizza afterward, and the implications of that act don't require one to have attended the sentencing hearing, or to have known the young man personally to arrive at such a conclusion. Lying to investigators was stupid as well, although probably not motivated by a callous attitude, but rather by fear of legal retribution. I personally feel that the evidence of the sequence of events is sufficient to form a reasonable conclusion that whether or not one alleges that his act was a mistake, when taken in the context of the testimony of the sequence of events given in the news reports, and especially his behavior after the shooting, this young man has a seriously flawed view of his place in society, and the places of others, and particularly his relation to the rule of law. I wouldn't like to think of someone with such evinced attitudes in a position of authority and trust in either private industry or public affairs. The problem i continue to have with this is that it is alleged by those defending him in the news reports that his background somehow entitles him to a consideration which one wonders if it is to be expected will be applied to those who lack the background of privilege which this boy has.
0 Replies
 
OGIONIK
 
  1  
Reply Fri 4 May, 2007 08:59 am
Is this story for real? i cant believe our judicial system stands for such injustice and monetary discrimination so blatantly. This judge needs to fired for incompetence, better yet instiutionalized because he obviously lives in a different reality from the rest of us. I know drug dealers who got more time for something that shouldnt even be illegal.

they sentence countless people to prison every year for drugs and related offenses, non-violent crimes. And this peice of **** gets off the hook, showing nothing but blatant disregard for life and limb, not to mention the fact that the person he shot was at the bottom of the poverty scale,throwing salt on the wound.

this kids needs to be imprisoned, for a good long time. if you say otherwise you do not stand for justice or democracy. this kid got off the hook for attempted murder. i mean seriously. some of my good friends are imprison for life FOR DRUG POSSESSION! this is beyond retarded.

there is a new form of discrimination running rampant in america, and it is towards the poor. long live democracy and justice eh? not. pathetic.
0 Replies
 
Setanta
 
  1  
Reply Fri 4 May, 2007 09:43 am
OGIONIK wrote:
there is a new form of discrimination running rampant in america, and it is towards the poor.


I will quibble with your statement to point out that there is nothing new about economic discrimination--it's as old as the hills. It is also, in my never humble opinion, antithetical to all that the United States alleges itself to stand for.
0 Replies
 
DrewDad
 
  1  
Reply Fri 4 May, 2007 10:30 am
The sinner secretly wishes to be caught.

The criminal just wants to get away with it.
0 Replies
 
boomerang
 
  1  
Reply Sun 6 May, 2007 03:44 pm
I'm squarely with Setanta on this but I know that joe.f.c. does stand for justice and democracy.

To me, though, joe, this kid sounds more vicious than stupid. Maybe it isn't sport. Then..... what..... fun? He shot the "hobo" for fun. That doesn't sit any better with me. There really isn't any other reason it could have been.

As to drug dealers.... hmmmmmm.

I have friends who are DEAD because of drugs.

I know kids in foster care because of drugs.

I know people whose hearts are broken because of drugs.

Drug dealing and drug use are not victimless crimes. The drug trade is very violent and murderous.
flushd
 
  1  
Reply Sun 6 May, 2007 08:15 pm
How is this a 'mistake'?

Purely because it was not possible to prove to the court's satisfaction that it was not?

To me, it is one of those situations where everyone knows he intended to do it, why (for fun), and that he intended and expected to get away with it.

The appeals to emotion (to wealthier, more priveledged folk) and their fear of going to jail or having their kids actually pay for their misdeeds is sickening.

His pathetic whining in court, the letters streaming in to defend that he is 'a good boy, please don't put him in jail', the guy who had the audacity to claim that 'his sheltered background' should somehow be grounds to be lighter on him and that his value to soceity is high.

Ugh. I share Setanta's disguist at the play to his social position.

So far he has proven he will be a drain on soceity - with little proof contrary.
He sits in school, goes running to the Mommy's and Daddy's of his world when things go wrong : and evaded responsibility for a criminal act!

I don't buy it.

I'd like to see an outcry. If only to set a higher president (or whatever the proper term is) that the next "Frat ass" will follow.
0 Replies
 
joefromchicago
 
  1  
Reply Mon 7 May, 2007 09:00 am
Setanta wrote:
I wonder why anyone would assume that a frat boy who is willing to behave in this manner--shooting someone with malice aforethought (as has been pointed out, he had to go find the gun, load it, and find a convenient point from which to shoot, and a point from which the "hobo" would likely not have seen the threat), and then ignoring the consequences of the act (going for a pizza), followed by lying to investigators (and therefore obstructing the investigation)--has a greater likelihood of becoming a productive member of society than would any other young man of the same age who did not grow up in an allegedly sheltered environment.

I have to make a number of assumptions here, due to the lack of information in the news stories. One of those assumptions is that the judge was swayed by the content of the character witnesses' testimony. I assume, therefore, that all of that testimony supported the argument that the defendant was not likely to commit another such crime.

Now, is such character evidence an infallible predictor of future behavior? Of course not, and it is beyond question that rogues and scoundrels have, in the past, also been able to get witnesses to testify to their "good" behavior. Nevertheless, although character evidence is not always a reliable predictor, it is frequently the only predictor that we have. As such, I assume that the judge was convinced that the defendant's character was good enough to take the risk that he might be mistaken.

Setanta wrote:
I find the gentler and more closely reasoned suggestion of Joe's part that this boy has a contribution to make to society to be based on no better argument than the more terse and impassioned argument of the gentleman from the police department who spoke of his sheltered background. Perhaps i am wrong and Joe can correct my misapprehension, but it appears to me that one is to assume that he is likely to have a contribution to make to society--despite this stark evidence of an apparently complete lack of compassion and empathy--based solely upon his social provenance.

No, it's not, although I don't deny that the defendant's background may have played a role in the judge's decision. But then I would argue that a poor defendant with the same type of character testimony and lack of prior criminal record should have been given the same consideration.

Setanta wrote:
I reject the notion that social position is a reliable indicator the potential value of anyone to the society of which they are a part. I see this argument as, even in not so intended, a call for the perpetuation of systems of privilege.

I never said anything about social position.

Setanta wrote:
I personally feel that the evidence of the sequence of events is sufficient to form a reasonable conclusion that whether or not one alleges that his act was a mistake, when taken in the context of the testimony of the sequence of events given in the news reports, and especially his behavior after the shooting, this young man has a seriously flawed view of his place in society, and the places of others, and particularly his relation to the rule of law.

Even if all of that is true, what then? What purpose would it serve to give the defendant a harsher sentence?
0 Replies
 
OGIONIK
 
  1  
Reply Mon 7 May, 2007 09:05 am
boomerang wrote:
I'm squarely with Setanta on this but I know that joe.f.c. does stand for justice and democracy.

To me, though, joe, this kid sounds more vicious than stupid. Maybe it isn't sport. Then..... what..... fun? He shot the "hobo" for fun. That doesn't sit any better with me. There really isn't any other reason it could have been.

As to drug dealers.... hmmmmmm.

I have friends who are DEAD because of drugs.

I know kids in foster care because of drugs.

I know people whose hearts are broken because of drugs.

Drug dealing and drug use are not victimless crimes. The drug trade is very violent and murderous.


Only if the person is weak-minded enough to let themselves be controlled by them.
0 Replies
 
joefromchicago
 
  1  
Reply Mon 7 May, 2007 09:05 am
boomerang wrote:
To me, though, joe, this kid sounds more vicious than stupid. Maybe it isn't sport. Then..... what..... fun? He shot the "hobo" for fun. That doesn't sit any better with me. There really isn't any other reason it could have been.

Well, if we are to believe the defendant, he shot the homeless man by mistake. Now, I will readily agree that shooting near someone is about as stupid as shooting at someone, but I assume that the defendant's testimony on that point was uncontradicted. Of course, shooting in the general direction of a person, even without the intent to hit that person, is criminally negligent, but then we must remember that the defendant was convicted of a crime, so it's not as if he didn't pay some price for his actions. The question remains: what purpose would be served by giving the defendant a harsher sentence?
0 Replies
 
Setanta
 
  1  
Reply Mon 7 May, 2007 09:12 am
joefromchicago wrote:
I have to make a number of assumptions here, etc., etc. . . .


That was all plausible, but it leads us to another ponit, which you did address.

Quote:
But then I would argue that a poor defendant with the same type of character testimony and lack of prior criminal record should have been given the same consideration.


This is largely what i was driving at. However, my cynicism suggests to me that the impoverished do not have access to a network of plausible individuals to act as character witnesses. Furthermore, how can we be certain that a judge, any judge, who is her- or himself a product of a rigorous education and who will have long associated with the affluent and well-educated will not ascribe a greater value to the character testimony of the affluent and well-educated than to other descriptions of character witnesses?

Quote:
I never said anything about social position.


No, nor am i necessarily saying that you did, although i inferred it from your assumption that this individual would have a contribution to make to society. How can we know that, other than to rely upon the character testimony, which, once again, comes from people of a social position at least roughly equivalent to that of the judge, which is to say, affluent and well educated. You may not have had social position in mind, but how are we to know if that were a consideration (even if unconscious) of the presiding judge?

Quote:
Even if all of that is true, what then? What purpose would it serve to give the defendant a harsher sentence?


Simple equity occurs to me immediately. A son of a poor family, who could not line up a dozen impressive character witnesses, is very likely to feel the full weight of "the majesty of the law," runs a great risk of receiving the full sentence. If we do in fact live a society which assumes that all men a created equal, then either the frat boy pays the same price as the ignorant, uneducated boy of few or no prospects, or neither of them should be obliged to pay that heavy price. If the frat boy is not to serve the five years, why should anyone else?
0 Replies
 
OGIONIK
 
  1  
Reply Mon 7 May, 2007 09:15 am
monetary discrimination is all the rage in america. who needs color nowdays when money is what seperates us?
0 Replies
 
Setanta
 
  1  
Reply Mon 7 May, 2007 09:18 am
OGIONIK wrote:
monetary discrimination is all the rage in america. who needs color nowdays when money is what seperates us?


This is a foolish and uninformed statement. "Monetary discrimination" has been "all the rage" right across the globe for about as long as we have records of human affairs. In colonial and in post-Revolutionary America, most members of the electorate only attained the franchise based on a property qualification. To attempt to suggest that this is unique to America, or to our own times, displays an ignorance of human society which can best be described as regrettable.
0 Replies
 
joefromchicago
 
  1  
Reply Mon 7 May, 2007 09:26 am
Setanta wrote:
This is largely what i was driving at. However, my cynicism suggests to me that the impoverished do not have access to a network of plausible individuals to act as character witnesses.

Well, poverty should have no bearing on whether a person has friends who can testify as to his good character, unless you're suggesting that poor people have fewer friends than wealthier individuals.

Setanta wrote:
Furthermore, how can we be certain that a judge, any judge, who is her- or himself a product of a rigorous education and who will have long associated with the affluent and well-educated will not ascribe a greater value to the character testimony of the affluent and well-educated than to other descriptions of character witnesses?

We can't be certain of that. And in fact I would assume that the judge did take that into account. And it's also a fact that wealthier people have more post-conviction opportunities than poor people. But then that's a criticism of society as a whole, not on this one particular defendant. Why should he, after all, pay the price for society's inequalities?

Setanta wrote:
Simple equity occurs to me immediately. A son of a poor family, who could not line up a dozen impressive character witnesses, is very likely to feel the full weight of "the majesty of the law," runs a great risk of receiving the full sentence. If we do in fact live a society which assumes that all men a created equal, then either the frat boy pays the same price as the ignorant, uneducated boy of few or no prospects, or neither of them should be obliged to pay that heavy price. If the frat boy is not to serve the five years, why should anyone else?

You're willing to sentence him to five years because of the crimes that someone else committed? That hardly sounds equitable to me.
0 Replies
 
JPB
 
  1  
Reply Mon 7 May, 2007 09:27 am
Some additional info on the case. I was specifically looking for the actual charges and convictions.

Quote:
Grimes has been charged with assault in the second degree, a Class B felony, and unlawful use of weapon, a Class C felony.
Arrest and charges brought


Quote:
Former OSU student and former member of Alpha Gamma Rho fraternity, Joshua Grimes, pled guilty on Monday to charges of unlawful use of a firearm and assault in the third degree.

In the hearing Monday, Grimes pled guilty on the two of four counts against him. The two other charges were dismissed as part of a plea agreement.
Plea agreement


I also find this to be incredulous (from the second link above)!

Quote:
During the investigation, police discovered an unused .22 caliber cartridge on the ground near the AGR trash dumpster.

Through conducting interviews with house members, one member was singled out as visibly shaking and agitated.

Through the course of more interviews with this individual, Grimes' name came up when a cartridge of ammunition he had given the individual was discovered, which had the same logo as the one found outside the dumpster and the bullet extracted from Sanderson's leg.

The AGR member denied shooting Sanderson but said he "messed with bums" on occasion by shooting at them, the warrant said. He said Grimes was the only other person he knew with those specific bullets.
[/color]

'messing with bums' seems to have been a pastime at AGR beyond Mr Grimes' "mistake".
0 Replies
 
Setanta
 
  1  
Reply Mon 7 May, 2007 09:43 am
joefromchicago wrote:
Well, poverty should have no bearing on whether a person has friends who can testify as to his good character, unless you're suggesting that poor people have fewer friends than wealthier individuals.


It is inescapable, however, that affluence confers privilege which is denied those who are not affluent. A son of a poor family is unlikely to have retained legal counsel, but rather to rely on a PD, who may well be (and in my admittedly not comprehensive experience, will be) harassed and overworked, and unlikely to have met the defendant before the process begins. The son of a middle class family will likely be represented by retained counsel, and this lawyer will likely either know the defendant or the defendant's family, or be an acquaintance of someone who does--and therefore it seems plausible to me that such a lawyer is better placed to line up reliable character witnesses. Additionally, retained counsel bill for their time, and if the family can afford to foot the bill (and if they don't have the ready cash, they have access to credit which poor people do not), he or she would take the time to line up plausible character witnesses--something which one could not necessarily expect a PD to have the time or resources to do. But more about that in a moment.

Quote:
We can't be certain of that. And in fact I would assume that the judge did take that into account. And it's also a fact that wealthier people have more post-conviction opportunities than poor people. But then that's a criticism of society as a whole, not on this one particular defendant. Why should he, after all, pay the price for society's inequalities?


I see no reason to assume that any such thing occurred to the judge, since we are comparing this case to a hypothetical case in which a poor boy is accused of the same behavior as this defendant. Therefore, there was no basis for the judge to have considered whether or not he or she would ascribe the same value to the character witnesses brought by a poor defendant, if indeed any such character witnesses were likely to be brought to seek mitigation of the sentence of a poor defendant.

My remark about equity was in no way a suggestion that this particular individual should pay the price of society's inequities. What i am suggesting is that so long as a defendant such as this is seen to suffer less as a direct result of enjoying the privilege attendant upon affluence, there will be an apparent inequality which the poor and ignorant would justifiably resent. Further, my point is that the way to end the inequity is either to assure that the affluent suffer the same penalties as the poor, or that the poor do not suffer greater penalties than do the affluent.

Quote:
You're willing to sentence him to five years because of the crimes that someone else committed? That hardly sounds equitable to me.


No, nor has what i have contended a basis for suggesting that i am willing to see him sentenced to five years because of the crimes others have committed. My point remains that if anyone is to pay such a price, everyone should pay such a price, or no one should. Which is what i understand by the word equity.
0 Replies
 
Debra Law
 
  1  
Reply Mon 7 May, 2007 10:30 am
joefromchicago wrote:
The question remains: what purpose would be served by giving the defendant a harsher sentence?


The Oregon State Legislature determined that armed offenders are subject to a mandatory minimum sentence of 5 years. Is there an exception to the mandatory minimum sentencing statute for frat boys who shoot hobos? Frat boy or not, the defendant was an armed offender. If the victim had been a child rather than a hobo, this armed offender probably wouldn't be the recipient of a slap-on-the-wrist-is-sufficient mentality.
0 Replies
 
joefromchicago
 
  1  
Reply Mon 7 May, 2007 10:40 am
Setanta wrote:
I see no reason to assume that any such thing occurred to the judge, since we are comparing this case to a hypothetical case in which a poor boy is accused of the same behavior as this defendant. Therefore, there was no basis for the judge to have considered whether or not he or she would ascribe the same value to the character witnesses brought by a poor defendant, if indeed any such character witnesses were likely to be brought to seek mitigation of the sentence of a poor defendant.

I can offer no opinion on your hypothetical situation.

Setanta wrote:
My remark about equity was in no way a suggestion that this particular individual should pay the price of society's inequities. What i am suggesting is that so long as a defendant such as this is seen to suffer less as a direct result of enjoying the privilege attendant upon affluence, there will be an apparent inequality which the poor and ignorant would justifiably resent. Further, my point is that the way to end the inequity is either to assure that the affluent suffer the same penalties as the poor, or that the poor do not suffer greater penalties than do the affluent.

But again, I ask: what purpose does that serve?

Setanta wrote:
No, nor has what i have contended a basis for suggesting that i am willing to see him sentenced to five years because of the crimes others have committed. My point remains that if anyone is to pay such a price, everyone should pay such a price, or no one should. Which is what i understand by the word equity.

I agree that everyone should pay the same price for the same crime. But then, what crimes are identical? Certainly, the Oregon legislature doesn't regard a crime committed by a first-time offender as identical to one committed by a recidivist -- that's why the judge in this case had discretion to sentence the defendant to a lesser punishment.
0 Replies
 
 

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