Freethought & Rationalism Archive

Gawdawful · 07-04-2003, 01:35 AM

Quote:

Originally posted by LeftCoast
Not that I went around spiting on police officers, or anyone else for that matter, but Damn; this makes me even more certain that leaving Oklahoma was the right thing to do.

Oddly enough this incident and trial was right here in my little town of Sapulpa, Oklahoma. Doesn't it make us look good? Sure glad we made national news, but I wonder what took so long, this verdict was last week's news.

Rape was not the crime for which he was arrested, this time. He was fined $3000 for domestic assault and $500 for resisting arrest. I know he's not a tower of virtue, but life for spitting, Geezus Cripes, WTF? I hope the ACLU takes up his case and gets that stupid law overturned, which only applies to spitting on government employees).

Warren

Gawdawful · 07-04-2003, 01:45 AM

Quote:

Originally posted by LeftCoast
Not that I went around spiting on police officers, or anyone else for that matter, but Damn; this makes me even more certain that leaving Oklahoma was the right thing to do.

Oddly enough this incident and trial was right here in my little town of Sapulpa, Oklahoma. Doesn't it make us look good? Sure glad we made national news, but I wonder what took so long, this verdict was last week's news.

Rape was not the crime for which he was arrested, this time. He was fined $3000 for domestic assault and $500 for resisting arrest. I know he's not a tower of virtue, but life for spitting, Geezus Cripes, WTF? I hope the ACLU takes up his case and gets that stupid law overturned, which only applies to spitting on government employees).

Warren

Ronin · 07-04-2003, 06:47 AM

From the article ~

The jury took 15 minutes on May 14 to recommend the life sentence. Marquez's prior felony convictions, including rape and burglary, were taken into consideration in determining the sentence.

Many states have habitual offender sentencing guidelines that allow judges and juries to consider the totality of a defendant's behavior and his or her ability to rehabilitate.

This appears to be the stronger factor in determining the sentence in spite of the 'final straw' of spitting on and biting a police officer that was taking this suspect to jail for assaulting and even breaking a woman's arm.

In addition to the life term, Marquez received one year in jail and a $3,000 fine for his conviction for domestic assault and a $500 fine for resisting a peace officer.

The 'resisting a peace officer' charge sure seems like double jeopardy to me as the biting and spitting was the resisting. However, there may have been more elements to the story than what is printed that could have substantiated the charge.

I would have charged him with domestic aggravated assault ~ as the woman sustained a severe injury ~ and made this the catalyst for the life sentence.

This would have averted many of the reactions found on this post.

So, all the elements are still present to support a life sentence...it appears that it was just done in an unpopular sequence.

--------------------------

Fwiw...on various occasions I've been spit on, bitten, beaten and thrown through a door...each could have been considered felony simply assault on a police officer ~ I opted for the misdemeanor version because it is just more convenient to handle it in city court and I realize that I represent all that is bad about the power of the state to some people...despite all my good intentions.

contracycle · 07-04-2003, 06:48 AM

Quote:

Originally posted by Arken
Apparently, we are to presume from this that spitting is a greater crime than rape.

Ah well. It was a police officer, you see, and the spitter was clearly not [southpark]respecting his authoritah![/southpark]

contracycle · 07-04-2003, 06:50 AM

Quote:

Originally posted by Jesus Tap-Dancin' Christ
Given that they knew he was a rapist, any woman on that jury would likely jump at the chance to put his ass away for life.

Actually, women jurors are loathe to do so I understand. Possibly fo fear that they will be accused of political correctness.

Hubble head · 07-04-2003, 08:57 AM

Oklahoma is one wierd state. Its not an easy place to live for rational freethinkers, that's for sure. The whole state seems stuck in the 50's.

And some of the billboards...well, you'd just have to see them for yourself. But they are generally nice people. (as long as you pretend to have unquetioning devotion to Uncle Sam and gawd)

Gawdawful · 07-04-2003, 03:06 PM

You've got that right, hubblehead.

Warren, stuck in Oklahoma

TGE · 07-05-2003, 02:35 AM

Quote:

a law that makes it a felony to place bodily fluids on law enforcement officers.

How does the police officers wife feel about this?

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07-04-2003, 06:47 AM	#13
Ronin Veteran Member Join Date: Jun 2002 Location: Mississippi Posts: 5,047	From the article ~ The jury took 15 minutes on May 14 to recommend the life sentence. Marquez's prior felony convictions, including rape and burglary, were taken into consideration in determining the sentence. Many states have habitual offender sentencing guidelines that allow judges and juries to consider the totality of a defendant's behavior and his or her ability to rehabilitate. This appears to be the stronger factor in determining the sentence in spite of the 'final straw' of spitting on and biting a police officer that was taking this suspect to jail for assaulting and even breaking a woman's arm. In addition to the life term, Marquez received one year in jail and a $3,000 fine for his conviction for domestic assault and a $500 fine for resisting a peace officer. The 'resisting a peace officer' charge sure seems like double jeopardy to me as the biting and spitting was the resisting. However, there may have been more elements to the story than what is printed that could have substantiated the charge. I would have charged him with domestic aggravated assault ~ as the woman sustained a severe injury ~ and made this the catalyst for the life sentence. This would have averted many of the reactions found on this post. So, all the elements are still present to support a life sentence...it appears that it was just done in an unpopular sequence. -------------------------- Fwiw...on various occasions I've been spit on, bitten, beaten and thrown through a door...each could have been considered felony simply assault on a police officer ~ I opted for the misdemeanor version because it is just more convenient to handle it in city court and I realize that I represent all that is bad about the power of the state to some people...despite all my good intentions.

07-04-2003, 08:57 AM	#16
Hubble head Veteran Member Join Date: Nov 2002 Location: Corn rows Posts: 4,570	Oklahoma is one wierd state. Its not an easy place to live for rational freethinkers, that's for sure. The whole state seems stuck in the 50's. And some of the billboards...well, you'd just have to see them for yourself. But they are generally nice people. (as long as you pretend to have unquetioning devotion to Uncle Sam and gawd)

07-04-2003, 03:06 PM	#17
Gawdawful Veteran Member Join Date: Jun 2003 Location: In a cardboard box under the viaduct. Posts: 2,107	You've got that right, hubblehead. Warren, stuck in Oklahoma

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