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Minn. protester (caught on camera) sets fire to pawn shop burning a man alive. He's only charged with arson, so he pleads guilty and only gets 10 years in prison. [reddit.com]
Is this on any major MSM news show? I'm guessing no.
In handing down the sentence, Judge Wilhelmina M. Wright granted a variance from sentencing guidance which outlined a 235- to 240-month sentence. [Note: In other words, the merciful judge gave half the minimum sentence despite the Insane Protestor being blatantly undercharged with just arson instead of arson plus murder/manslaughter.] Feel free to look up who this so-called Judge is, and how she got that position.

Can anyone here please explain how this is just punishment?

Captain_Feelgood 8 Jan 20
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11 comments

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2

This was covered by news outlets all across the board back in June 2020, and I recall it now. Just because you didn't notice it doesn't mean they didn't. Also, judges adjudicate cases brought before them. It's the prosecution that brings the case, so your direction to look up the judge smells much worse than what you're alluding to. It's not hard to presume the agenda behind this insane rant of yours either.

This Rhodes scholar is so utterly, mindmeltingly brilliant he assumed I deleted my previous comments because he couldn't find them.

He also assumed I blocked him, even though he was able to send me a message.

The level of genius roiling up in him must be simply staggering.

That's interesting, because they didn't find the body until July. The building was burned in May. The verdict was just announced this month (1-2022). The judge is the one, knowing full well the man died from smoke inhalation and burns, never even suggested any other charges be brought up. (It's not rocket science here Albert) and then cuts the normal charge in half???? Come on! If that's not blatant bias, I don't know what is. As far as Toonboy here, I guess somebody reported him for being a bit obnoxious. I don't block people much for such things, but I may make an acceptation for him.

@Captain_Feelgood

Remember--only pussy-asses block people.

Fuckheads just assume they do.

And coy only works when you're smart

@Captain_Feelgood

Not rocket science?

How the fuck would you be able to tell?

0

Is the reddit.com link there at the end of the first sentence not showing up to some/any of you? Even if it isn't, are you unable to google it and find any story about it? 🙄

1

Where's the link to the news story?

Is the Reddit link not there?

The references to this story are replete and abundant online, but you're right to put the onus on him to support his own contentious contentions. I'm not going to do his work for him either because like I said, he has a political agenda he's also being coy about which is disingenuous.

2

The site I found (jonathanturley.org) suggested they did consider adding the charge of manslaughter...Seems appropriate to me...why they eventually did not is a mystery.

3

Try giving a link to what you are posting about.

Is the Reddit link not there for you?

@Captain_Feelgood No link to anything.

@xenoview [reddit.com] at the end of the first sentence... Still there for me... Are you outside the US? I've heard sometimes links don't transfer if in Australia, New Zealand, etc.. Not sure why. Perhaps this comes across. [startribune.com] Or [money.yahoo.com]

@Captain_Feelgood Thank you for the links.

5

I find this story has plenty of sources reporting it, but nothing explaining the sentence or why murder or manslaughter charges weren't added by prosecuters. My guess is that while the probable cause of death was from the fire, the body wasn't discovered for 2 months after the fire. Nothing I read indicated how certain the coroner was the fire caused the man's death and nothing on the condition of the body. All the reporting was pretty bare bones.
[rochesternewsnow.com]
[justice.gov]

As for the Judge, she appears to be well qualified and was approved for her position on the federal bench by a number of Republican Senators in 2016.
[startribune.com]

We may have reason based on what I found to wonder why things went the way they did, but I found nothing either for or against this ruling to be something other than speculation for reasons why they did.

[money.yahoo.com] The remains of Oscar Lee Stewart Jr., 30, of Burnsville were recovered from the rubble nearly two months later. An autopsy found that Stewart died of smoke inhalation and excessive burns. He was one of two people who died during the civil unrest in the Twin Cities that followed Floyd's murder.

@Captain_Feelgood
I am more inclined to believe the reporting from the Department of Justice U.S. Attorney’s OfficebDistrict of Minnesota (the 2nd link above). Notice the quotes around the probable cause of death. It would be a good bet this was the cause of death, but my guess is that someone decided more than a probable cause of death was necessary for a murder or manslaughter conviction. I really don't know, but the presumption of innocence is a hallmark of our judicial system. Obviouly, someone decided not to bring this charge.

"According to court documents, on July 20, 2020, authorities located the body of a 30 year old man, O.S., in the rubble of the burned Max It Pawn building. The Hennepin County Medical Examiner’s Office attributed O.S.’s death to “probable inhalation of products of combustion and thermal injury (building fire).”"

You also blame the judge in this case but you neglect a couple of factors. First, the judge doesn't bring the charges to the court, the DA and prosecutors do. They decide what to charge a defendant, not the judge. Second, from the first paragraph of the Yahoo article you posted:

"A federal prosecutor told the judge he saw the defendant as a protester, not a rioter, and argued for leniency for a Rochester man who was accused of setting a deadly fire in a Lake Street pawnshop soon after George Floyd's death."

How is the judge to blame when the team charging the defendant argues for leniency?

@RussRAB By the time of sentencing the Judge knew the man had died due to the arson. Why would she give half the normal sentence normally given to any arsonist, especially with the new knowledge someone actually died in the fire?

@Captain_Feelgood
Why would the prosecutor argue for leniency? I don't know the answer to either your or my question. Nothing I've read gives any indication. For all we know, the prosecutor asked for only 5 years, and the judge decided based on everything you have presented that 5 years wasn't enough and gave the man 10 instead. Could have been the guy had a plea deal and the judge decided not to contest it. I'm unwilling to assume an answer.

This link is to how federal criminal charges are brought against a defendent. The judge may not have the option to consider the man's death if no charges are brought for it. No conviction typically means that a defendent must be considered innocent of a crime. No charges brought would make the presumption of innocence an even stronger argument. To believe the judge has the option to sentence a defendent more harshly because of unproven or unconvicted charges just might be above what a judge is allowed to do.
[justice.gov]

You are attacking this judge based on a series of assumptions and expectations that are based these assumptions. I am simply not willing to go there. It is too QAnon-esque for me.

2

Can you, or will you, please clarify the issues the court/judge had to deal with, which you have not identified?

DA and Judge don't add murder/manslaughter charges should be first to pop up in one's head.

2

Let ‘s face it there is a three tier legal court system depends on where you live, your race, you social economic background and to which political party you belong too!!!

Most judges are politically appointed or elected!!!

The last election here in Central Texas twelve Republicans were on the Ballot for local judgeships!!!

No one opposed those those obstructionist republican fascists!!!

Most individuals who vote are not even aware of that these judgeships exist!!!

I did not vote for any of these obstructionist republican Fascists.

It really was mute since no one opposed those any of those twelve judge elected positions!!!

5

All my life I’ve heard he chest thumping cry “ America has the best judicial system in the world!”

That may in fact be true (not sure how you would measure that), but that statement merely implies that the others are worse, not that ours is good. our judicial system sucks….

Ours is without a doubt NOT the best. Some people would say it's the best because we lock away more people than any other country in the world per capita- more than China, or Saudi Arabia, Russia..... That is not the proper measure.
[nationmaster.com]

@JonnaBononna totally agree, it is failing us

@JonnaBononna Measuring how good or bad a judicial system is by counting per capita prison rate is like measuring a hurricane by how many deaths it caused.

Neither has anything to do with the true picture.

Our judicial system was LITERALLY the only thing that kept Trump et. al's antics at bay.

I cannot fault a system that can do that too harshly....

@TheMiddleWay now we are feeling results of his packed courts. Should not be about politics

@Canndue "Packed" Courts. That is an obvious misuse of the word. ALL Prsidents have the obligation to fill vacant Federal Court seats. The fact that Trump's tenure had numerous vacancies that he filled has NOTHING to do with "packing". Try to acquaint yourelf with terminology.

@Alienbeing I would agree with you if Obama’s choice wasn’t blocked

@Alienbeing Obama's choice was blocked because a justice died in January of an election year, but when RBG died 2 months before the election, they rushed through Amy Coney Barrett. THAT is packing the court.

@JonnaBononna that’s what I mean

@Canndue You are still wrong. Presidents nominate, the Senate confirms. That is the law. The fact that politicians play politics is NOT new, nor does it make the misuse of the word "Packing" any more correct.

@Canndue, @JonnaBononna No it is not. the word "packing" is used to describe adding Justices to change a majority. You are misusing the word.

@Alienbeing ok, let’s call it “stacking…..”. Or any other that pleases you, I suspect you got the point despite the words…

@Canndue I got the point when it happened, I'm not sure you did. BOTH major political parties do all they can to help themselves. I didn't think it was fair when Republicans would not even sit with Obama's Supreme Court nominee, but it was legal.

I guess being a lawyer makes me view things fro a legal standpoint. However I know I see that BOTH parties do all they can to assure their positions.

In closing, it was not stacking either, it was usual foul politics.

4

American Justice varies from state to state, City to city and judge to judge. It's a very idiosyncratic institution where combinations of laws make for absurd judgments like this. Barring higher intervention from governors or presidents, as we saw in the case of the man who got 110 years for accidentally killing individuals, then people going through the court system are always subject to a hodgepodge, confusing, and often contradictory set of laws.

Compounding the problem is that our judicial system is reactive not proactive. Hence we have to see absurd judgments like this for the legislative body to act and enact new rules, or take away old ones, to prevent that from happening. Unfortunately, as this is a focus Endeavor that doesn't take into account the entire legal environment, the addition of new rules or it's subtraction leads exactly to new and novel
unintended consequences that the rules were meant to prevent in the first place

I don't believe the Americans judicial system is the only one that has these issues.

Any system has to be created by law and no one thinks of all possibilities at the beginning. Anything that includes human beings will never be perfect.

4

Better than not even an indictment for the traitor, insurrectionist, tax defrauding con man Trump!

Trump is still buried under hundreds of pending lawsuits.

He will die before he ever pays off all of his personal debts.

Which is why I laugh at anyone who claims that
"Trump is able pay off the national debt in it's entirety" .

@Umbrella_Guard nothing you said involves treason or sedition.

@Mofo1953
I like Glenn Kirschner's Youtube channel. He is a former DC prosecutor who has plenty to say about trump and company's treason and sedition. He has me convinced that justice is coming for trump even though it is taking an frustratingly long time. In one of his videos, Kirschner compared the timeline we are currently on with that of Watergate. It took about two and a half years until Nixon and Republicans were backed into a corner they couldn't get out of and Nixon finally resigned. Hopefully, this process won't take that long because I don't know that we have two and a half years with this Republican party. Hold on tight, justice will come for trump eventually - at least I hope so.

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