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  1. #1
    Pedro56's Avatar
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    Prosecutors: Attack not hate crime

    Prosecutors: Attack not hate crime

    July 20, 2006

    BY GARY WISBY Staff Reporter


    Prosecutors on Wednesday stood by their contention that the three teens who allegedly beat and robbed a 14-year-old Beverly boy won't be charged with a hate crime -- even though one of the trio told police they picked the boy because he was "a goofy-looking white boy."

    They instead charged the three black teens with aggravated battery and robbery, both felonies. Bond was set Wednesday at $300,000 for Micha Eatman, 17, and two 16-year-olds were in juvenile detention.

    Meanwhile the condition of the victim, Ryan Rusch, was upgraded from critical to serious.

    Chicago Police said after the incident Sunday they were investigating it as a robbery. But Tuesday, in light of the suspect's statement in court, the case was assigned to the department's civil rights section.

    'Happened to be white'



    Still, at Eatman's bond hearing Wednesday, Assistant State's Attorney Lorraine Scaduto said Ryan's race "appears not to be the motivating factor" in the attack at Beverly Park, 103rd and Campbell.

    "They said they went there to take a bike," Scaduto said.

    After a Juvenile Court hearing Wednesday for one of the 16-year-olds, supervising prosecutor Al Tomaso told reporters, "If I thought it was a hate crime, I would have filed it. They could have said 'a goofy girl.' What they said doesn't necessarily mean they were out to assault or rob a white person."

    Ryan, who has a heart condition, was "an easy victim who happened to be white," Tomaso said. "If it had been a black kid, they would've picked on him."

    No longer in coma



    Police will continue to investigate the incident as a hate crime, which is a lesser felony than aggravated battery or robbery, spokesman Pat Camden said. If investigators conclude it was, a judge could consider that finding at sentencing.

    Prosecutors said Ryan was struck, pushed to the ground and kicked on both sides of the head. Ryan, who had previously undergone three surgeries for a heart defect, suffered a brain injury and seizures from the beating, Scaduto told Criminal Court Judge Thomas Hennelly in Bond Court.

    Doctors at Advocate Christ Hospital in Oak Lawn induced a coma in an effort to reduce swelling in Ryan's brain, Scaduto said. A hospital spokesman said he was no longer comatose and was in serious condition.

    Eatman, of the 9900 block of South Malta, told investigators he acted as lookout while the younger teens beat Ryan and took his cell phone, prosecutors said. Whether that is true, Eatman was equally culpable because he helped plan the crime, they said.

    The three suspects face a Monday court hearing.

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  2. #2
    Retdetsgt's Avatar
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    Having worked hate crimes my last three years, I can kinda understand the prosecutor's position. Just because the assailants were one race and the victim another doesn't prove that the primary motive was race. Here it seemed to be robbery.

    I know a lot of people are going to disagree with that, but as we all know, this stuff has to be proven in court. And that can be a bitch in a case like this.

    An example I used to use when I did training was if I went up to a black guy in a bar and said, "You fucking N*****R" and hit him, then it would be a hate crime because it's apparent his race was the motivating factor for me hitting him. However, if that same black guy and I are playing dice at the bar and I discover he's cheating and say the same words and hit him, it's not a hate crime. Even though I called him a racial slur, the primary reason I hit was that he was cheating at dice, not because of his race. The utterance didn't change the motivation. One kid saying they picked him because he was a goofy looking white kid probably isn't going to change the fact they mostly wanted to rob somebody.
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  3. #3
    Five-0's Avatar
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    It is not a hate crime because the victim is white. PERIOD. Charging a minority group with a hate crime would not be politically correct. If the roles were reversed I would bet a weeks pay that the hate crimes horn blowers would making plenty of noise. I would love to see just one example where an individual of a "minority group" was listed as an offender in a hate crime against a caucasian.
    Last edited by Five-0; 07-21-06 at 11:12 PM.

    Meanwhile, fishing in Russia:

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  4. #4
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    I believe "hate crime" laws are unconstitutional anyway. They are telling people it's illegal to think a certain way.

    Sorry, but I have a right in this country to be a bigot if I choose to be one. Commiting a violent crime against another person should call down a harsh sentence, no matter what the perp is thinking at the time of the attack.
    The virtue of spirit has no need for thanks or approval. Only the certain conviction that what has been done is right. -Jor El, as played by Marlon Brando

  5. #5
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    Quote Originally Posted by Centurion44
    I believe "hate crime" laws are unconstitutional anyway. They are telling people it's illegal to think a certain way.

    Sorry, but I have a right in this country to be a bigot if I choose to be one. Commiting a violent crime against another person should call down a harsh sentence, no matter what the perp is thinking at the time of the attack.
    You do have a right to be a bigot in this country. You just can't act on it and cause harm to others for it. I have no problems with the way the prosecutors handled this case as it would have been hard to prove in court. Had they said ahead of time "let's go find some white guys to rob and beat up" then that would have been different. Sounds like they were just some thugs out looking to rob someone.

  6. #6
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    Quote Originally Posted by Five-0
    It is not a hate crime because the victim is white. PERIOD. Charging a minority group with a hate crime would not be politically correct. If the roles were reversed I would bet a weeks pay that the hate crimes horn blowers would making plenty of noise. I would love to see just one example where an individual of a "minority group" was listed as an offender in a hate crime against a caucasian.
    I used to arrest Blacks, Asians and Native Americans for assaulting white people all the time. And they got convicted. The only difference was they didn't get the news coverage that white on minority cases got with the exception of one where a large group of Blacks beat the shit out of a white guy on a commuter train.

    I never found our prosecutor's office to be bias at all, but the news media was.
    When I used to be somebody (I'm center top)

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  7. #7
    Retdetsgt's Avatar
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    Quote Originally Posted by Centurion44
    I believe "hate crime" laws are unconstitutional anyway. They are telling people it's illegal to think a certain way.

    Sorry, but I have a right in this country to be a bigot if I choose to be one. Commiting a violent crime against another person should call down a harsh sentence, no matter what the perp is thinking at the time of the attack.
    Like K9ForLife said, it's not at all unconstitutional to "think" anything you want. It's acting on it that's illegal. I can "think" about robbing a liquor store all I want.

    The charge is always an "add on" to another crime anyway.
    When I used to be somebody (I'm center top)

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  8. #8
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    I have never worked a hate crime that the victim was white
    Any Post I make is my opinion only!
    I do not have the authority or the permission to post for my Sheriff's Office.



  9. #9
    Retdetsgt's Avatar
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    Quote Originally Posted by CountyFourteen
    I have never worked a hate crime that the victim was white
    Are you saying none were reported or the prosecutor wouldn't take them as hate crimes?

    When I was working hate crimes exclusively, we had more white on minority crimes because we had a bunch of ignorant skinhead groups around here. I do have to say they made my job easy because they were collectively the dumbest assholes I ever came across in this job. And they went around targeting minorities and gays.

    But I have a significant number of minorities on white to assure me that the DA here would prosecute any that met the criteria. Maybe he's an aberration, but he's been the DA in this county for about 20+ years and I've always had a lot of respect for him.
    When I used to be somebody (I'm center top)

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  10. #10
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    Quote Originally Posted by K9ForLife
    You do have a right to be a bigot in this country. You just can't act on it and cause harm to others for it.
    My point being you can't cause harm to others for any reason. The punishement shouldn't be more or less severe because of what one was simply thinking at the time.

    As the whole world gone crazy?!?! Am I the only who sees laws against what you're thinking being very dangerous ground in our personal freedoms?
    The virtue of spirit has no need for thanks or approval. Only the certain conviction that what has been done is right. -Jor El, as played by Marlon Brando

  11. #11
    Five-0's Avatar
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    Quote Originally Posted by Centurion44
    My point being you can't cause harm to others for any reason. The punishement shouldn't be more or less severe because of what one was simply thinking at the time.

    As the whole world gone crazy?!?! Am I the only who sees laws against what you're thinking being very dangerous ground in our personal freedoms?

    This is right on. Hate crime legislation is making thought a crime. I don't want any government anywhere deciding what thought is criminal and what thought is ok. Just to stir the pot a bit.....do you assault or murder someone because you like them? Kinda makes alot of crimes against a person(s) hate crimes doesn't it.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  12. #12
    Retdetsgt's Avatar
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    Quote Originally Posted by Centurion44
    As the whole world gone crazy?!?! Am I the only who sees laws against what you're thinking being very dangerous ground in our personal freedoms?
    So anyone that doesn't think the same way you do is crazy? You don't think someone has the freedom to not be subject to attack just because they were born a particular race?

    The difference is they are attacking someone simply for who they are, not what they did or anything else. And motivation and intent have been elements of crimes since the beginning.

    When I was in the first grade in W. Texas, my mom bought me a long wool coat. The first day I wore it to school, someone said it was a girl's coat and the fight was on. I got into about 4 or 5 fights that day.

    I came home and told my mom and surprisingly, she took it back and got me another coat. I went back to school the next day with it and there was no problem.

    I could solve my problem by changing coats and stop the attacks. If they were doing it because of my race, there would be nothing I could do. There are a lot of people in that position, they get attacked over something they have absolutely no control over.

    That's why I clarified the difference between hitting someone simply because of race and because they had done something else.
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  13. #13
    Retdetsgt's Avatar
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    Quote Originally Posted by Five-0
    This is right on. Hate crime legislation is making thought a crime. I don't want any government anywhere deciding what thought is criminal and what thought is ok. Just to stir the pot a bit.....do you assault or murder someone because you like them? Kinda makes alot of crimes against a person(s) hate crimes doesn't it.

    Okay, is there only one degree of murder in your state? If someone is speeding, runs a red light and kills someone, is that murder? The same charge as someone else stalking their ex spouse and shooting and killing them? Probably not. The reason? It is based on what the perpetrator is thinking! What was in their mind when they killed the other person even though both victims are just as dead.

    Again, you can think anything you like, it's the intent or motivation in committing a crime. There is nothing new or original in that.
    When I used to be somebody (I'm center top)

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  14. #14
    Five-0's Avatar
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    Quote Originally Posted by Retdetsgt
    So anyone that doesn't think the same way you do is crazy?

    Again you are missing the point, and this is going nowhere.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

 

 

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