quote:

Originally posted by PowerSurge:

We all know the hate crime legislation should be repealed, but that isn’t gonna happen.

I'm sure you're right but why is that? I can't think of anything within our legal framework more out of bounds than hate crimes. How is it there is no effective legal counter to a notion that flies in the face of real fairness? How many crimes wouldn't exist without the hate crime qualifier? To be trite, it's the very definition of a "1984" thought crime and we'd be much better off without hate crimes.

quote:

Originally posted by Scurvy:

quote:

Originally posted by zipriderson:
16 years seems harsh for being a douchebag.

Who exactly is the victim in this 'crime'?

The organization he stole the flag from and their property that he then destroyed...

The organization was gay? I doubt it, but who knows these days maybe buildings or organizations should be able to declare their gender and sexual orientation. They were the victim of theft, not a hate crime. Unless the church got up off it's foundation and walked the building over to the titty bar, I guess that is possible.

Or maybe the hate crime was at the strip club? Possible he went to a gay strip club to burn the flag?

15 years for doing what I wonder? Was there any significant property damage? If this guy has just stolen 3-4 pride flags and burnt them with no collateral damage, it's pretty harsh. If he burned down a gay church then perfectly deserved.

quote:

Originally posted by jimmy123x:
16 years is an incredibly long sentence for the crime......I could see probation to 6 months MAXIMUM.

Could a good lawyer get it overturned as "cruel and unusual"?

flashguy

'habitual offender'

So, what kind of record does this guy have...Public drunkenness? Petty thief? Assault?

I get that there's SJWs that now populate both the bench and the DA table but, handing down a 16-year sentence for property destruction, does this guy have a laundry list of priors?

If the appeal of this verdict and sentence hasn't already been filed then this guys attorney(s) are mentally challenged. This is "stupid on steroids". He burnt a damn flag. So what. He should get tagged with theft of personal property and maybe a violation for burning something outdoor. Call it a fine and community service. Anything beyond that is simply retarded.

quote:

On June 11, Ames Police responded to a call at the Dangerous Curves gentleman’s club at 111 Fifth St., because a man was making threats and acting disorderly. When officers arrived at the scene, Martinez had been kicked out.

Later that night, Martinez returned to the club and told an employee that he wanted to burn a pride flag, and was going to burn down the club.

1st Degree Stupid.

The guy is a Class A dipshit and needs mental health intervention. Prison isn’t going to provide what he really needs but start enough fires and that’s where you end up.

Yet if a member of any “protected class” stages a fake hate crime and gets caught anything more than probation is cruel and unusual punishment and even that will elicit outcries. Go figure.

Here is another example of the media leaving out key facts. I agree that the sentence seemed disproportionate to the crime so I did some research of the reporting. I had to dig for it but turns out he is a habitual offender with prior felony convictions. Only one of the reports I found had the integrity to point that out. Even so I think the defense has a good chance of getting that sentence overturned on appeal.

quote:

Originally posted by corsair:
'habitual offender'

So, what kind of record does this guy have...Public drunkenness? Petty thief? Assault?

I get that there's SJWs that now populate both the bench and the DA table but, handing down a 16-year sentence for property destruction, does this guy have a laundry list of priors?

Habitual offender sentencing in Iowa requires two prior felony conviction. Public intoxication, thefts under $1000 ($1300 since 7/1), and MOST assaults are not felonies in Iowa.

quote:

he is a habitual offender with prior felony convictions.

None of the media outlets detailed his prior convictions. Shoplifting over 500 is usually a felony. A small amount of mamajuana , about 8 oz was a felony.

Fact is he only got that sentence because of the type of flag. If it were a Blue line flag they would have let him go on a small fine.

If it were a US flag nothing would have been done outside of the criminal mischief charge.

The state will be paying hundreds of thousands in fees and incarceration costs to appease one group.

quote:

Originally posted by rscalzo:

quote:

he is a habitual offender with prior felony convictions.

None of the media outlets detailed his prior convictions. Shoplifting over 500 is usually a felony. A small amount of mamajuana , about 8 oz was a felony.

Not in Iowa.

Theft above $1000 ($1300 after 7/1/19) is the cutoff for a felony. The only "simple" drug possession that is a felony is a third offense non-marijuana.

Now that doesn't mean his prior felonies were in Iowa, but I am intimately familiar with the laws of the state.

For what it's worth, he was actually convicted of Arson in the 3rd Degree. That is defined as "...causing a fire or explosion, or placing any burning or combustible material, or any incendiary or explosive device or material, in or near any property with the intent to destroy or damage such property, or with the knowledge that such property will probably be destroyed or damaged..."

Arson in the third degree is an aggravated misdemeanor normally, but is enhanced to a Class D felony here for the hate crime and then enhanced in penalty due to his habitual offender status.

How many of you like in a state that even has a misdemeanor level of arson?

The judicial system is screwed up.

That officer who shot the unarmed guy in his own apartment got less time.

Do we value rainbow flags more than human lives?

WTF Iowa.

Seems harsh, if they steal an NRA flag off a building, will a leftist get the same punishment?

I am willing to say no.

HK Ag

quote:

Originally posted by kramden:
The judicial system is screwed up.

It’s a system, and there is no justice.