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Racists get 20 years in prison for being racist


The Cysko Kid

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Yeah they're scumbags and fuck them but, uh, 20 years? They didn't commit assault or robbery or murder. Seems kind of extreme. I expect appeals will overturn it.

 

http://www.npr.org/sections/thetwo-way/2017/02/28/517688757/racist-assault-on-a-childs-birthday-party-yields-long-prison-terms-in-georgia

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There's probably more to it. They didn't specifically list all of the charges involved. With that said, just going by the article the sentencing does seem stiff. I'll see what I can dig up on it. To include the statutes that were mentioned.

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The punishment is way overboard for the crime. Ridiculous in fact and nobody is condoning what they did but this punishment does not fit their crime. Not even close.

 

"Some of those points are summed up in two top-rated responses to the district attorney's Facebook posting that announced the punishment":

 

One commenter writes:

 

"To all the people on here saying the punishment was unjust. Let's be real, if it had been any other terrorist group committing these felonies you guys wouldn't bat an eye if they went away for life.... but when the terrorist look like you all of a sudden you get a soft heart."

 

But another commenter says:

 

"Did they actually attack anyone or just guilty of being racists? Not condoning their actions by any means but I'm not sure the punishment fit the crime here. If they attacked the kids or something, let them rot, but just being ignorant racists shouldn't constitute a 20 year sentence. Does that not seem a little extreme?? What am I missing? If everyone in Douglas County that is ignorant and racist (on both sides of the fence) had to serve 20 years, they'd have to build many new jails."

 

 

*Somewhere in the middle between these viewpoints is the right answer IMO. The judge obviously sided with the one extreme view of this.

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This'll probably become case law. I'm looking at some of the charges and they don't line up to the sentencing. Especially since there were lesser charges that were more applicable. Decisions like this do not help address the real issue in cases like this.

 

This looks more like an example being made.

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"The sentencing comes weeks after a jury found Torres and Norton guilty of making terroristic threats and violating the Georgia Street Gang Terrorism and Prevention Act. The jury also convicted Torres of aggravated assault. Although Georgia doesn't have a law specifying a hate crime, that's the term both McClain and District Attorney Brian Fortner used to describe the group's behavior."

 

Aggravated Assault in Georgia is the equivalent to Attempted Murder in other states. I missed that part originally.

 

Now, that does carry a heavy sentence here in Georgia. 13 years to serve with 7 on probation does sound par for the course.

 

Rather or not Agg Assault and Terroristic Threats should've held up is what's going to make this case law. As far as what the law prescribes for a penalty is spot on with the sentencing.

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That's not in the story. Heresay is a major problem

 

"Several members of the group some of whom are now serving prison terms of their own got out of their trucks and approached the partygoers, threatening to kill them all. According to their fellow defendants and witnesses, it was Norton who retrieved Torres' shotgun a tactical 12-gauge with a pistol grip and loaded it before giving it to him."

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That's not in the story. Heresay is a major problem

DOUGLAS COUNTY, Ga. - A young couple was sentenced to years in prison for their part in a racially charged crime at a black child's birthday party.

Kayla Norton and Jose Torres, who have three children, were part of a larger group in July 2015 called Respect the Flag. Their convoy of trucks, flying the Confederate battle flag, pulled up to a birthday party for an 8-year-old black child, where they threatened the family and yelled racial slurs. At one point, Torres pulled out a shotgun and pointed it at the family.

A Douglas County judge sentenced the defendants to a year longer in prison than the state was seeking. He sentenced Torres to 20 years, with 13 to serve in prison. Norton was given 15 years, with six to serve. Upon their release, McClain ordered them to be permanently banished from Douglas County.

Both Norton and Torres wept as their sentences were handed down Monday.

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When I read it closer it was more serious than I first realized but still think the sentences were too harsh. In the end these racists were guilty of trying to intimidate people and 13 years is a lot of prison time for that (actually 20 years with a minimum of 13 to serve).

 

You want to send a message that intimidating anyone is not going to be tolerated and some prison time would send that message...but 20 years? Seems too stiff.

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When I read it closer it was more serious than I first realized but still think the sentences were too harsh. In the end these racists were guilty of trying to intimidate people and 13 years is a lot of prison time for that.

That's why I said it's a question of if the charges of Aggravated Assault and Terroristc Threats should've held up in court as opposed to being reduced to lesser more applicable charges. The convicted charges as they are, call for sentencing in the area of 13 years or more.

 

This is more of an issue of if the correct charges were applied. The conviction is what it is based on the charges.

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That's why I said it's a question of if the charges of Aggravated Assault and Terroristc Threats should've held up in court as opposed to being reduced to lesser more applicable charges. The convicted charges as they are, call for sentencing in the area of 13 years or more.

 

This is more of an issue of if the correct charges were applied. The conviction is what it is based on the charges.

 

Good point. The judge only exceeded the prosecutor's recommendation by one year so the judge was not that out of line with the sentence like I originally thought. Were they terrorist threats? They were despicable for sure.

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Its 6 years with 9 years probation after that, for rolling up unprovoked on a children's birthday party like old school kkk threatening to shoot people including children.

 

 

Im sorry what exactly is garsh about this sentence?

Based on what they were charged with it's not. It's a question of if they fit every element of the crimes they were charged with.

 

As wrong and as deserving of punishment they are, they are still entitled to protection under the 14th Amendment (Due Process).

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Blm folk shout death to corrupt pigs and "some" of u equate them with Isis....you all know who I'm talking about. But white guys drive up on a child's birthday party......I mean guys, srsly. It wouldn't bother me if the court gave these people 25 years with no parole possible. I dont want people on the street like that. You could touch off a major racial incident with shit like that.

 

And lets be perfectly real, if a group of black people did this to a birthday party for white children...........ok? Got the picture?

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Good point. The judge only exceeded the prosecutor's recommendation by one year so the judge was not that out of line with the sentence like I originally thought. Were they terrorist threats? They were despicable for sure.

Threatening a group of people with a weapon "generally" qualifies as Terroristic Threats in this state. There have been exceptions but it's mostly about what the District Attorney will prosecute.

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"According to Douglas County prosecutors, Norton was not one of riders who pointed shotguns at the adults and children in the yard of the Douglasville home, but Assistant District Attorney David Emadi she was among many who hurled menacing threats while yelling the N-word.

 

They repeatedly yelled death threats saying they were going to killing all the N----. They said, 'We'll blow the heads off all the little b------ and the little n----- can get one too,' Emadi told Judge William McClain during the sentencing hearing."

 

 

So they did point multiple weapons at the adults AND the children. Really cysko? Did u read that part? If u had a kid and a black dude pointed a shotgun at him cause he wanted to point a firearm at some white people that day.....6 years enough in ur eyes?

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Blm folk shout death to corrupt pigs and "some" of u equate them with Isis....you all know who I'm talking about. But white guys drive up on a child's birthday party......I mean guys, srsly. It wouldn't bother me if the court gave these people 25 years with no parole possible. I dont want people on the street like that. You could touch off a major racial incident with shit like that.

 

And lets be perfectly real, if a group of black people did this to a birthday party for white children...........ok? Got the picture?

 

Baloney Cleve. Nobody condones what these racist idiots did.

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Blm folk shout death to corrupt pigs and "some" of u equate them with Isis....you all know who I'm talking about. But white guys drive up on a child's birthday party......I mean guys, srsly. It wouldn't bother me if the court gave these people 25 years with no parole possible. I dont want people on the street like that. You could touch off a major racial incident with shit like that.

 

And lets be perfectly real, if a group of black people did this to a birthday party for white children...........ok? Got the picture?

I understand what you're saying partner, as a black man and more importantly as a father of young black children. But I don't get to take that into consideration as law enforcement officer. I have what the law and what my department policy say.

 

The law says the sentencing is right where it should be per the charges. But the question is did the acts fulfil the elements of the crimes they were charged with. Terroristc Threats I can see that sticking in this state (lesser instances have). Aggravated Assault is iffy to me. Especially since it's the equivalent to Attempted Murder in other states.

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You get to look at it through an emotional lens. I don't. I understand the way you see it. I see people like that as a real threat particularly here in the south as well. That's why making sure they're charged according to the law is of the utmost importance.

 

If they take this to the Court of Appeals or the U.S. Supreme Court, the reality is that they can win. Let that sink in for a moment. They then get away with the crime virtually altogether on one of the nation's grandest of stages.

 

Don't you think that would empower groups like these even more? Doing things the right way (by law and procedure) has to take precedence over our feelings and emotions. By not doing so, means the innocent suffer far more dire consequences.

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Then I need a "legal" explanation why pointing loaded firearms at children doesn't warrant 6 years in prison and 9 years probation. That sounds awful lenient to me. I need to hear some precedent where someone pointed loaded firearms at children and got far less. And remember there's an obvious racial element to this which legally elevates this

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16-11-37. Terroristic threats and acts; penalties

(a) A person commits the offense of a terroristic threat when he or she threatens to commit any crime of violence, to release any hazardous substance, as such term is defined in Code Section 12-8-92, or to burn or damage property with the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience. No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated.

( b ) A person commits the offense of a terroristic act when:

(1) He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household;

(2) While not in the commission of a lawful act, he or she shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers; or

(3) He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance for the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience.

© A person convicted of the offense of a terroristic threat shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. A person convicted of the offense of a terroristic act shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than ten years, or both; provided, however, that if any person suffers a serious physical injury as a direct result of an act giving rise to a conviction under this Code section, the person so convicted shall be punished by a fine of not more than $250,000.00 or imprisonment for not less than five nor more than 40 years, or both.

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Pretty low standard for Terroristic Threats in Georgia. I imagine that this charge will stick as it's been prosecuted as such for much less than what has happened in this case. Aggravated Assault is where it gets sporty for this one.

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