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(JSOnline)   Man charged with felony murder for punching to death another man who entered his "bubble" after an argument. Apparently he did not feel that "the moops" was the correct answer   (jsonline.com ) divider line
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9533 clicks; posted to Main » on 29 Nov 2007 at 10:06 PM (8 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2007-11-29 07:06:01 PM  
Comedy Gold, Jerry!
 
2007-11-29 08:22:13 PM  
West Bend man charged with felony murder

Stay the fark away from Wisconsin, they have misdemeanor murder!
 
2007-11-29 09:30:37 PM  
paging moops
 
2007-11-29 09:42:11 PM  
This sucks actually. The guy cold cocked him, he went unconscous and died of blunt force trauma from the fall. Calling that murder is a major freakin' stretch. Last I checked, murder took intent. Hell, involuntary manslaughter would even be a stretch.

This matter will probably be dismissed, or reduced to aggravated assault if he bothers to pony up for a real lawyer.
 
2007-11-29 10:09:03 PM  
gasdf2002: West Bend man charged with felony murder

Stay the fark away from Wisconsin, they have misdemeanor murder!


Cause of death: Got in my way.
 
2007-11-29 10:09:48 PM  
rcain: This sucks actually. The guy cold cocked him, he went unconscous and died of blunt force trauma from the fall. Calling that murder is a major freakin' stretch. Last I checked, murder took intent. Hell, involuntary manslaughter would even be a stretch.

This matter will probably be dismissed, or reduced to aggravated assault if he bothers to pony up for a real lawyer.


Hence the charge being felony murder. The intent is in committing the battery, which results in death.
 
2007-11-29 10:10:01 PM  
It' not "the Moops", it's just "Moops".

"That's easy...The Moors."
"Oh Nooo. I'm sorry, the correct answer is Moops."
"Moops? What are you talking about, lemme see that. That's not Moops you idiot, it's Moors, it's a misprint."
 
2007-11-29 10:10:29 PM  
At least Kramer can't burn down anyone's cabin in this thread.
 
2007-11-29 10:12:10 PM  
Here we say...

He was in my face, he pissed me off, he needed killin'

and they say bubble?
 
2007-11-29 10:12:11 PM  
Geez, Wisconsin needs more anger management centers.
 
2007-11-29 10:13:02 PM  
birdmanesq: rcain: This sucks actually. The guy cold cocked him, he went unconscous and died of blunt force trauma from the fall. Calling that murder is a major freakin' stretch. Last I checked, murder took intent. Hell, involuntary manslaughter would even be a stretch.

This matter will probably be dismissed, or reduced to aggravated assault if he bothers to pony up for a real lawyer.

Hence the charge being felony murder. The intent is in committing the battery, which results in death.


Thanks, birdman. For those of you playing at home:

940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.19, 940.195, 940.20, 940.201, 940.203, 940.225 (1) or (2) (a), 940.30, 940.31, 943.02, 943.10 (2), 943.23 (1g), or 943.32 (2) may be imprisoned for not more than 15 years in excess of the maximum term of imprisonment provided by law for that crime or attempt.
 
2007-11-29 10:14:45 PM  
PC LOAD LETTER: paging moops

You're damn straight IT WAS THE MOOPS!
 
2007-11-29 10:14:51 PM  
Let's see. Come out of a bar, run into someone and have words. Then walk all the way across the street, come back get in the guys face.

Yep I would have punched the twit also..
 
2007-11-29 10:15:20 PM  
well done subbie
 
2007-11-29 10:17:31 PM  
FTA: "He stated that he considers himself a street fighter."

I'm lazy someone post pics of guile or ken or something.
 
2007-11-29 10:17:34 PM  
I came in here to say what rcain said, but these cases piss me off, so I'll go on a bit longer: THIS...

...is so farking stupid. This same exact thing happened in Rapid City a few years ago when I lived there: an airman from Ellsworth AFB got into a fight outside a bar, when..well shiat, it's the exact same farking story. While it's possible for a person to be killed by a single punch, really, what are the odds? There was no baseball bat, knife, brass knuckles, multiple assailants, etc., why not just charge the puncher with assault, which was absolutely his intent, and be done with it?

Life sucks, buy a helmet.

/Chokin' on my own rage here.
 
2007-11-29 10:18:49 PM  
www.j-archive.com
 
2007-11-29 10:20:16 PM  
y'know we think we are all so clever, but 25 years from now we will be mocked just as someone quoting 'The Dick Van Dyke' show is now....

/not sure of that spelling
 
2007-11-29 10:21:58 PM  
How stupid. Whatever happened to "excuse me?" Wouldn't that have prevented the entire incident.
 
2007-11-29 10:22:58 PM  
I'm thinking Involuntary Manslaughter myself. This was a bar fight where one of the contestants really lost. But hey, I'm not a DA, so what do I know.
 
2007-11-29 10:24:09 PM  
You're all in my bubble. Get out or face the consequences.

The above threat does not apply to Jennifer Anniston or Tina Fey. The rest of you, find another bubble.

You've been warned.

Is that all it takes?
 
2007-11-29 10:27:33 PM  
Fuggin Bizzy: There was no baseball bat, knife, brass knuckles, multiple assailants, etc., why not just charge the puncher with assault, which was absolutely his intent, and be done with it?

Because the guy died, and in most cultures, that's kind of a big deal. Here's a helpful hint to avoid nasty legal entanglements: don't hit people.
 
2007-11-29 10:28:12 PM  
Did anyone read the Darwin story below this one
 
2007-11-29 10:29:04 PM  
That is why you don't go to bars and get in fights. If that is your idea of a night on the town, you need to grow the fark up.

It isn't that hard to just walk away. If you cause the death of another, then the consequences are going to suck big time.

It will probably be lowered to manslaughter, but he decided to hit the guy, so he responsible for the consequences. That is how the grown up world works, boys.
 
2007-11-29 10:30:25 PM  
rcain: This sucks actually. The guy cold cocked him, he went unconscous and died of blunt force trauma from the fall. Calling that murder is a major freakin' stretch. Last I checked, murder took intent. Hell, involuntary manslaughter would even be a stretch.

I've got zero sympathy. The guy considers himself a fighter, he's 29, and he punches a 46 year old guy in the face because he felt threatened? Whatever.

If you lay hands on somebody, especially if you throw the first punch, you are responsible for what happens. If the guy dies, it's on you. He intended to cause harm, and guess what: he caused harm.
 
2007-11-29 10:32:56 PM  
Told you I was hardcore.
 
2007-11-29 10:33:33 PM  
Milo Minderbinder: Because the guy died, and in most cultures, that's kind of a big deal. Here's a helpful hint to avoid nasty legal entanglements: don't hit people.

Good plan... especially if you are on probation (or whatever his prior conviction got him that adds bonus years to his sentence).

I think the puncher in this case has a shot if he establishes clearly that the deceased was very threatening and he feared for his safety, that his physical reaction was of self-defense. In retrospect, however he wasn't justified because the other guy didn't strike, nor threaten to strike (one can guess), nor brandish a weapon. I've been in similar situations and diffused it with a little humility and well-chosen words. Too late for this guy.
 
2007-11-29 10:36:25 PM  
Listen all! This is the truth of it. Fighting leads to killing, and killing gets to warring. And that was damn near the death of us all. Look at us now! Busted up, and everyone talking about hard rain! But we've learned, by the dust of them all... Bartertown learned. Now, when men get to fighting, it happens here! And it finishes here! Two men enter; one man leaves.

/I like me some Thunderdome
 
2007-11-29 10:36:41 PM  
birdmanesq: The intent is in committing the battery, which results in death.

Because Schellinger returned to re-engage the matter, self-defense might be a reasonable defense.
 
2007-11-29 10:41:06 PM  
Wrong time to point out what a good street fighter you are. But a drunk will babble.

/Don Ho = tiny bubbles
 
2007-11-29 10:41:10 PM  
I was reading Lolz everythime the said Lotz. I think I might spend too much time on Fark.
 
2007-11-29 10:41:20 PM  
nesler: If you lay hands on somebody, especially if you throw the first punch, you are responsible for what happens. If the guy dies, it's on you. He intended to cause harm, and guess what: he caused harm.

What if I tickle someone who reels back who knocks over another person who frightens a bird who takes off who hits a squirrel in a tree who falls out of the tree who hits a man on the head who drops his ice cream cones which causes his kids to cry which distracts a woman who crashes her car into a light poll which falls over and crushes the tickled man to death? Would I still be responsible for buying those brats some new ice cream? :(
 
2007-11-29 10:41:35 PM  
drjekel_mrhyde: Did anyone read the Darwin story below this one

That was no Darwin story, and the five year old was NOT on the first floor. The mom is covering for him, and I bet the older child will mostly forget the incident in full detail.

Messed up.
 
2007-11-29 10:42:12 PM  
light pole rather than "poll"

/FTFM
 
2007-11-29 10:42:21 PM  
KrispyKritter: Wrong time to point out what a good street fighter you are. But a drunk will babble.

/Don Ho = tiny bubbles


Adrenaline has that effect as well.
 
2007-11-29 10:43:48 PM  
cdn.channel.aol.com

/Not Impressed.
 
2007-11-29 10:44:19 PM  
"Lemme talk bout it as I rock it
Now Imma draw the lines in the ground and show you my squares
At least arm's distance, so stand over there
Hey love you know I miss you, and how we embrace
But I'll let you know if I wanna kiss you or see how you taste
Yo we all got issues we need to face
So don't think I'm trying to dis you when I tell you the case
In case you're wondering it's just like that it
I like this telepathy
I already know whatchu gonna say before you step to me
I hate crowded elevators and downtown rush
Packed trains, crazy ass people on the bus
Sometimes I roll plush looking so Cold Crush
But I'd rather teleport through space so ya'll could bite my dust
Use body language, baby, I can dig that
But homie you need to kick back and relax on the act
The bottom line is don't invade nobody's zone or maybe yo's
Sincerely Aceyalone
Talkin shiat while he was walkin the streets
Somebody shot him in the face
(Hurtin brother, hurtin mother)
He didn't know that disrespect would lead to such a serious case
(Wicked ways, wicked days)
If you knew how to read the situation you would stay in your place
(Cuz you don't understand it, don't knock it)
If there's one thing everyone needs is they goddamn space

Lemme talk bout it as I rock it
Gimme five feet
All around the world, yeah!
Ugh, gimme a zone
My space, my square
And to each his own
To each man and woman and child
Yeah, alright



-Aceyalone
 
2007-11-29 10:46:00 PM  
notice how they played up the killee was a city council member, but the killer was a street fighter angle?

/he's farked
 
2007-11-29 10:49:00 PM  
i79.photobucket.com
'tween that & the story beneath it...these guys coulda sorted out their differences over pancakes @ George Webb's
 
2007-11-29 10:53:46 PM  

"This sucks actually. The guy cold cocked him, he went unconscous and died of blunt force trauma from the fall. Calling that murder is a major freakin' stretch."


The first time I ever heard of someone dying from a punch, I thought that must've been some punch. I didn't reason that the punched person fell and hit his head on the ground.


But even with that first story I heard, they always charge the person with a murder charge. And I agree with that. One thing to get into a fight, another to cost someone their lives.


Then again, what the hell was the 46 year old guy thinking when he walked back to the guy and coming up close to the guy? That's the kind of bullshiat these punk kids in the poor neighborhoods be pulling; they get up in your face to provoke you. The older guy tried to pull rank, but his bluff got called.

 
2007-11-29 10:56:50 PM  
img526.imageshack.us


Fail.
 
2007-11-29 10:58:40 PM  
I'm wondering how long it will be before this happens in MMA (especially UFC). I assume it probably has, but anyone seeing how Nate Quarry fell like a stone after Rich Franklin tagged his chin probably had the same concern.
 
2007-11-29 10:59:01 PM  
lohphat: Because Schellinger returned to re-engage the matter, self-defense might be a reasonable defense.

I don't think you can draw that conclusion from the facts in the article. Self-defense requires more than punching a dude for getting all up in your grill.
 
2007-11-29 11:01:00 PM  
The Darwin story mentioned above:

Damn.

3-year-old finds gun, fatally shoots self

A 3-year-old boy died this morning in Kenosha after he discovered a family member's handgun in a night stand and accidentally shot himself, police said.

Joshua Lesnick suffered one gunshot wound to the chest around 9:23 a.m. Joshua was rushed to Catherine's Hospital, where he was pronounced dead.

Kenosha police said in a statement that Joshua's mother, Jessica Lesnick, was in a second-floor bathroom when she heard a loud bang. She went into her bedroom and found her wounded son on the floor. The woman's 5-year-old son was on the first floor at the time, police said.

Kenosha Police Sgt. Erik Larsen said the .40 caliber gun belonged to someone in the family, and he believes the gun was hidden in a drawer when Joshua found it.

The incident, which happened in the 6000 block of 55th Street, is still under investigation, Larsen said.

--------------------
 
2007-11-29 11:01:42 PM  
"Lotz stated that he knows what he is capable of doing and that he is not a nice person to get into a fight with," the complaint states. "He stated that he considers himself a street fighter."

You have the right to remain silent.
You have the right to remain silent.
You have the right to remain silent.
What part about that is difficult for idiots to comprehend?
 
2007-11-29 11:06:42 PM  
Actually, is there a federal law some where about fighting words? I tried to look it up once or twice but all I found was that words meant to provoke a reaction are not considered free speach. Any one got any more than that?

/On a side note he could just pay a Weregild and be done with it
//wait you can't just kill people and pay off the family any more?
///whats this world coming to
 
2007-11-29 11:08:15 PM  
that felony murder is to scare him into a plea bargain for manslaughter 1....if he's smart, he'll tell em to fark off and go jury.
 
2007-11-29 11:08:21 PM  
birdmanesq: lohphat: Because Schellinger returned to re-engage the matter, self-defense might be a reasonable defense.

I don't think you can draw that conclusion from the facts in the article. Self-defense requires more than punching a dude for getting all up in your grill.


Actually getting all up in your grill can count as assault. Assault doesn't require contact, just the threat of it.
 
2007-11-29 11:10:42 PM  
doshus: I'm wondering how long it will be before this happens in MMA (especially UFC). I assume it probably has, but anyone seeing how Nate Quarry fell like a stone after Rich Franklin tagged his chin probably had the same concern.

You mean what would happen if someone died during a sanctioned fight? Nothing, as long as it was sanctioned and the fighter obviously had no malice.
 
2007-11-29 11:13:21 PM  
Illinois Law
(720 ILCS 5/7‑1) (from Ch. 38, par. 7‑1) (pops)
Sec. 7 1. Use of force in defense of person.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93 832, eff. 7 28 04.)
 
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