Ohio dad gets jail for mocking girl with cerebral palsy

Forum adverts like this one are shown to any user who is not logged in. Join us by filling out a tiny 3 field form and you will get your own, free, dakka user account which gives a good range of benefits to you:

No adverts like this in the forums anymore.
Times and dates in your local timezone.
Full tracking of what you have read so you can skip to your first unread post, easily see what has changed since you last logged in, and easily see what is new at a glance.
Email notifications for threads you want to watch closely.
Being a part of the oldest wargaming community on the net.

If you are already a member then feel free to login now.

**Ouze**

As Frazzled said, the fact he pleaded down indicates there is more to this story then the article has available. I also agree this doesn't seem like a jailin' type offense. Unfortunately "disorderly conduct" is a pretty damn broad umbrella; go ahead and google the statute for your state and see how a police officer can legally arrest you for almost no reason at all thusly.

In Iowa, there is a clause for funeral protesting, an odious practice that is nonetheless constitutionally protected.

edit: I somehow missed Mannahins post explaining it.

pretre wrote:
Nor, contrary to all the ITGs in this thread, something you should be beat up for.

Spoiler:

**Relapse**

One of my happiest moments was kicking the living gak out of a jackass like that.

**Testify**

I've done worse than that. Many people have.

The world is a cruel place.

**Cheesecat**

Relapse wrote:
One of my happiest moments was kicking the living gak out of a jackass like that.

That's nothing, I did the exact same thing except there was 100 of them and my limbs were tied together.

**Relapse**

Cheesecat wrote:
Relapse wrote:
One of my happiest moments was kicking the living gak out of a jackass like that.

That's nothing, I did the exact same thing except there was 100 of them and my limbs were tied together.

Then you used the rope to whip them, right?

**Cheesecat**

Relapse wrote:
Cheesecat wrote:
Relapse wrote:
One of my happiest moments was kicking the living gak out of a jackass like that.

That's nothing, I did the exact same thing except there was 100 of them and my limbs were tied together.

Then you used the rope to whip them, right?

Or strangle them, also what makes you think it was rope it was actually razor wire.

**Relapse**

Cheesecat wrote:
Relapse wrote:
Cheesecat wrote:
Relapse wrote:
One of my happiest moments was kicking the living gak out of a jackass like that.

That's nothing, I did the exact same thing except there was 100 of them and my limbs were tied together.

Then you used the rope to whip them, right?

Or strangle them, also what makes you think it was rope it was actually razor wire.

The questions now is to ask how much they used to tie you up with and were there any survivors.

**sebster**

Credit to Fraz for looking a little deeper and getting a more complete story.

That said, I can't help but think if this incident had occurred in the UK there'd be a lot of Americans posting to say how they should have free speach like in American.

whembly wrote:
He's free to say it... just not free from any sort of consequence.

That's not what freedom of speach means. It means you can't be punished by government for saying stuff.

Automatically Appended Next Post:

InquisitorVaron wrote:
Isn't that what I said, this doesn't involve government it's someone being disorderly and being charged for it.

You do realise that the people who are charging him are policemen and court officials. Those people are government, dude.

**Cheesecat**

sebster wrote:
I can't help but think if this incident had occurred in the UK there'd be a lot of Americans posting to say how they should have free speach like in American.

Actually there was similar thread a few months where the story was set in the UK and that's exactly what happened, American Dakkanauts started bashing the UK about how they have no free speech (which is untrue btw).

**Frazzled**

Cheesecat wrote:
Relapse wrote:
One of my happiest moments was kicking the living gak out of a jackass like that.

That's nothing, I did the exact same thing except there was 100 of them and my limbs were tied together.

I once rode a Mastadon down mainstreet naked. Yea I said it.

**Relapse**

So there I was, alone with the fisherman's daughter. When she saw my rod she reeled....

**Bromsy**

Cheesecat wrote:
sebster wrote:
I can't help but think if this incident had occurred in the UK there'd be a lot of Americans posting to say how they should have free speech like in American.

Actually there was similar thread a few months where the story was set in the UK and that's exactly what happened, American Dakkanauts started bashing the UK about how they have no free speech (which is untrue btw).

And there are plenty of Americans on here saying this is BS or there is a lot more to the story that we don't know for this sentence to be handed down, so....

**Testify**

Relapse wrote:
So there I was, alone with the fisherman's daughter. When she saw my rod she reeled....

She was only the fishmonger's daughter but she could lay her kipper on the slab and say "fillet".

**Debbin**

Frazzled wrote:
Ah here we go. The original charges were much stronger: "Misdemeanor charges of disorderly conduct and aggravated menacing were filed last month against Bailey."

Aggraved menacing - thats a big deal. Definitely more going on here.

CHARGES REDUCED

On Tuesday, Bailey pleaded “no contest” to amended charges and was found guilty by Poulos.

Tricia Knight, the girl’s mother, filed the menacing complaint with the prosecutor’s office, saying that Bailey threatened to choke her with a chain, said Jennifer Fitzsimmons, assistant city prosecutor. A Stark County sheriff’s deputy filed the disorderly conduct complaint as a result of the video recording of Bailey and his son at the bus stop, citing Bailey’s actions as “offensive behavior,” Fitzsimmons said.

At a hearing Tuesday, the prosecutor’s office reduced the first-degree misdemeanor menacing charge to a fourth-degree charge, citing that “after further investigation, it was determined the threat made was a threat to harm and did not occur in the vicinity of a school,” court papers said.

Also, the fourth-degree misdemeanor charge of disorderly conduct was amended to a minor misdemeanor charge because the incident “did not occur on the day in question and the act did not occur in front of a police officer,” as required by the statute, the paperwork said.

That sounds like assault to me, at least in Florida. Assault is not covered by Free Speech. All it takes is that the person being assaulted believe that the person making the treats has the ability and means to follow through with the threat and that they are in fear of that person. I can see a child with cebral palsy being afraid of an adult threatening to choke them with a chain. If that melon-fether came to my jail and was placed in my unit I would look for a reason to give him some personal counseling, off camera of course.

**Squigsquasher**

Testify wrote:
Relapse wrote:
So there I was, alone with the fisherman's daughter. When she saw my rod she reeled....

She was only the fishmonger's daughter but she could lay her kipper on the slab and say "fillet".

She was only a fishmonger's daughter, but she certainly knew her plaice.

Bonus points to anyone who gets the reference.

**Piston Honda**

So sticks and stone may break my bones but words can get you a coke can

up your

?

**Portugal Jones**

Sticks, stones, and threatening to choke someone with a chain.

If you don't want to go to jail, not threatening to attack someone seems like a pretty low hurdle to clear.

**kronk**

Dumbass threatened to choke a little girl with a chain. Yeah, that guy has some issues that need sorting out via some jail time and a lawsuit.

**Seaward**

Albatross wrote:
So let me get this straight:

PEOPLE CAN GO TO PRISON FOR HURT FEELINGS IN THE USA?

Nope. We're not the UK.

**Grey Templar**

Seaward wrote:
Albatross wrote:
So let me get this straight:

PEOPLE CAN GO TO PRISON FOR HURT FEELINGS IN THE USA?

Nope. We're not the UK.

Really? Somebody better tell the Judge.

**Frazzled**

Grey Templar wrote:
Seaward wrote:
Albatross wrote:
So let me get this straight:

PEOPLE CAN GO TO PRISON FOR HURT FEELINGS IN THE USA?

Nope. We're not the UK.

Really? Somebody better tell the Judge.

You missed the "threatening to strangle with a chain" part.

**Albatross**

Wasn't the original complaint because there was video evidence of people's feeling being hurt? Also, threatening someone, and then being jailed for it, is effectively the same thing as being sent to jail for hurt feelings. He didn't ACTUALLY strangle the kid.

**Frazzled**

Albatross wrote:
Wasn't the original complaint because there was video evidence of people's feeling being hurt? Also, threatening someone, and then being jailed for it, is effectively the same thing as being sent to jail for hurt feelings. He didn't ACTUALLY strangle the kid.

You're again missing the "threatening" part. In both the US and UK, depending on the fact pattern, thats assault -threat of harmful or offensive touching.

**Mr. Burning**

The guy was going to prison for x amount of time for threatening behaviour. He copped to a lesser charge which still has a jail sentence attached. Good job. Things have come to a head and are being dealt with.

Time out, cool heads, statements made to perps etc etc etc.

Automatically Appended Next Post:

Frazzled wrote:
Albatross wrote:
Wasn't the original complaint because there was video evidence of people's feeling being hurt? Also, threatening someone, and then being jailed for it, is effectively the same thing as being sent to jail for hurt feelings. He didn't ACTUALLY strangle the kid.

You're again missing the "threatening" part. In both the US and UK, depending on the fact pattern, thats assault -threat of harmful or offensive touching.

Yup In the UK its assault if you threaten with intent to cause harm. if I raise my hand and you flinch, that's assault. You threaten to hit me, also assault, if I feel I may be in danger then that's a higher level charge.

Using language with intent to cause harm, emotional distress, its a crime.

**The Foot**

That guy is a grade jackwagon. While I don't think making fun of someone, while not appropriate, deserves jail time, threatening a person should get something. I think the issue here is he looks like the dude that most people would believe to do things like that. He has a mustache, must be evil.

Please don't attach non wargaming images to Dakka. YOu need to use off site hosting if you wish to include any such image.
Reds8n

**Seaward**

Albatross wrote:
Wasn't the original complaint because there was video evidence of people's feeling being hurt? Also, threatening someone, and then being jailed for it, is effectively the same thing as being sent to jail for hurt feelings. He didn't ACTUALLY strangle the kid.

That's probably true, on some alternate plane of existence. Here in Reality A, though, there's a vast gulf between, "I'm going to knife you," and, "You smell funny."

**Albatross**

Seaward wrote:
Albatross wrote:
Wasn't the original complaint because there was video evidence of people's feeling being hurt? Also, threatening someone, and then being jailed for it, is effectively the same thing as being sent to jail for hurt feelings. He didn't ACTUALLY strangle the kid.

That's probably true, on some alternate plane of existence. Here in Reality A, though, there's a vast gulf between, "I'm going to knife you," and, "You smell funny."

Both result in hurt feelings, which we've established you can go to jail for in the US.

**Kanluwen**

Albatross wrote:
Seaward wrote:
Albatross wrote:
Wasn't the original complaint because there was video evidence of people's feeling being hurt? Also, threatening someone, and then being jailed for it, is effectively the same thing as being sent to jail for hurt feelings. He didn't ACTUALLY strangle the kid.

That's probably true, on some alternate plane of existence. Here in Reality A, though, there's a vast gulf between, "I'm going to knife you," and, "You smell funny."

Both result in hurt feelings, which we've established you can go to jail for in the US.

No, we haven't?

There's a huge difference between "communicating a threat" and "making fun of someone".

I'm inclined to think you're just trolling though.

**Inquisitor Ehrenstein**

MeanGreenStompa wrote:
This is not 'insulting another person' or 'being an ass', this is psychological child abuse, by an adult, towards a child with quite enough on her plate already.

Screw him, hope he enjoys prison and the lifetime of complications that will earn him.

"Psychologicial child abuse"?

Are you kidding? I really hope you are; either way, that comment is highly insensitive to children who have actually suffered real abuse, "Psychological abuse;" give me a fething break! I grew up in a real world situation where I had to deal with people who were donkeycaves!

I suppose maybe you think that everyone who made fun of me in middle school for being Autistic should be arrested? No, that would ridiculous! Someone should find something sensitive about this guy and viciously make fun of it. When kiddies made fun of me, I returned the favor. Far better than locking people up for making fun of people. At that point there would have been no point in fighting WWII.

**Grey Templar**

Psychological abuse is no joke. My family has been personally effected by it.

My nephew's father was highly abusive psychologically. Almost drove them to suicide before my sister finally got full custody and her new husband adopted them. Now its all better by dang it was the worst thing on earth to go through.