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Alyallen
Joined: 29 Mar 2004
Location: The 4th Greatest Place on Earth = Jeonju!!!
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 Posted: Sun Sep 02, 2007 6:59 am Post subject: |
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| Fresh Prince wrote: |
Here is a copy of a written complaint that appears to have been written by a witness, which can be found at the 0:49 second mark on this site (all names have been removed):
http://www.whileseated.org/photo/003244.shtml
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| Me and ***** was walking out of the gym when all of a sudden a tan black boy came running from the side and jumped ***** and slammed his head on the concrete beam that people sometimes sit on. ***** and a group of other blacks were all standing there waiting on **** and after he was knocked out cold on the ground ***** and ***** started kicking his head for no reason at all. Me and ****looked over and there was blood pouring out of his ears and his hands were shaking because he was knocked out cold, then Mrs. **** made us go to class. |
I don't know how long the letter will remain part of this particular website as the website appears to be one-sided in favor of the "Jena 6," however it would give credence to the severity of the charges. |
That account is far different than the one in the BBC article supplied in the OP....
I couldn't find the law for attempted second degree murder but here is the statute for second degree murder. I suppose one simply has to put attempt to somewhere appropriate to the gist of the attempted second degree murder charge. After reading the different articles and this statue, I suppose one can give a more informed opinion about the appropriateness of this charge...
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Louisiana Second Degree Murder
LA R.S. 14:30.1
A. Second degree murder is the killing of a human being:
(1) When the offender has a specific intent to kill or to inflict great bodily harm; or
(2)(a) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, drive-by shooting, armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm.
(b) When the offender is engaged in the perpetration of cruelty to juveniles, even though he has no intent to kill or to inflict great bodily harm.
(3) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I or II of the Uniform Controlled Dangerous Substances Law* which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance.
(4) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I or II of the Uniform Controlled Dangerous Substances Law* to another who subsequently distributes or dispenses such controlled dangerous substance which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance.
B. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. |
http://www.babcockfirm.com/statutes/seconddegreemurder.html |
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Fresh Prince
Joined: 05 Dec 2006
Location: The glorious nation of Korea
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| Posted: Sun Sep 02, 2007 7:06 am Post subject: |
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One thing of interest that should be noted, is that there is a massive amount of support online for the "Jena 6," however there very little information from the other side of the issue.
What we do know is that:
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* A student asked if it was OK to sit under a tree that was allegedly reserved for White students only, and they were given permission to the school authorities.
* Three Black students sat under the tree.
* Later on, three hangman style nooses appeared on the tree.
* Three White students admited to placing the nooses there and were suspended by the school authorities.
* Later on, Black students held a protest under the tree. (There is no indication of what the time period involved in this protest was, or whether it took place during school hours or after school hours)
* During the protest the police came and told the protesters to leave however there was refusal to do so.
* A White person showed a gun to, or threatened a group of Black people at a local gas station. (There is no indication as to why a gun was shown, or why the person felt threatened enough to show a gun, however the fact has been used to show evidence of racism by supporters of the Jena 6.
* The school was set on fire. (Once again we don't know who set the school on fire or why.)
* A group of Black students attacked a White student on school property.
* The group of Black students were arrested and one was convicted.
* Massive protests internationally have begun, accusing the local authorities of being racist. |
According this website:
http://pursuingholiness.com/2007/08/28/the-jena-6-mychal-bells-criminal-history/
The convicted member of the "Jena 6," is reported of having a previous criminal record of:
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Battery - 12/25/2005
Criminal damage to property - 7/25/2006
Battery - 9/2006
Criminal damage to property - 9/2006 |
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Fresh Prince
Joined: 05 Dec 2006
Location: The glorious nation of Korea
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| Posted: Sun Sep 02, 2007 7:16 am Post subject: |
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Since no actual human being was killed it's hard to see why that charge was warranted in the first place. It's also worth noting that he convicted student was a minor that was being charged as an adult. |
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Alyallen
Joined: 29 Mar 2004
Location: The 4th Greatest Place on Earth = Jeonju!!!
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| Posted: Sun Sep 02, 2007 7:30 am Post subject: |
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| Fresh Prince wrote: |
Since no actual human being was killed it's hard to see why that charge was warranted in the first place. It's also worth noting that he convicted student was a minor that was being charged as an adult. |
Yeah....I just used that statue and just in my head put in the word "attempt" in the appropriate spots. So it would be "Attempted Second degree murder is the attempted killing a human being" or some crap like that....
It's past my bedtime and have no time to search for the exact statute...
But this story is very strange and doesn't seem like it should take place in this century....sigh... |
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mack4289
Joined: 06 Dec 2006
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| Posted: Sun Sep 02, 2007 5:59 pm Post subject: |
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Attempted murder would be judged on intention rather than results, right? So you could shoot at someone and miss and that would still count as attempted murder. The fact that this white kid was only in the hospital for two hours doesn't necessarily mean it wasn't attempted murder.
People who get involved in stories like this have a tendency to romanticize the "victims". Obviously the kid who got convicted wasn't innocent. But whether or not he intended to kill the white kid is another matter. |
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Privateer
Joined: 31 Aug 2005
Location: Easy Street.
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| Posted: Mon Sep 03, 2007 7:34 pm Post subject: |
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| Fresh Prince wrote: |
Since no actual human being was killed it's hard to see why that charge was warranted in the first place. It's also worth noting that he convicted student was a minor that was being charged as an adult. |
It's 'attempted second degree murder' and if the account quoted about slamming his head into a concrete post and kicking him in the head while he was on the ground are accurate then the charge is warranted. It's still far from the whole story tho'.
I still want to know what the hell this 'reserved for Whites' business is. |
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cbclark4
Joined: 20 Aug 2006
Location: Masan
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| Posted: Tue Sep 04, 2007 3:56 pm Post subject: |
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Charges reduced for 2 more in Jena case
Tensions flare in town after 6 black students allegedly attack white teen
Updated: 4:44 p.m. ET Sept. 4, 2007
JENA, La. - Prosecutors on Tuesday reduced the attempted murder charges against two more teenagers among the �Jena Six,� a group of black high school students who were arrested following an attack on a white schoolmate.
Five of the teens were originally charged with attempted second-degree murder and conspiracy to commit murder, carrying sentences of up to 80 years in prison. The sixth faces undisclosed juvenile charges.
Civil rights advocates have decried the charges as unfairly harsh.
On Tuesday, charges against Carwin Jones and Theo Shaw were reduced to aggravated second-degree battery and conspiracy. That same reduction was made earlier for Mychal Bell, who was tried and found guilty and could be sentenced to 22� years at a hearing Sept. 20.
Also awaiting trial are Robert Bailey Jr. and Bryant Purvis, who still face attempted murder charges, and the unidentified juvenile.
The attack on Justin Barker, 18, came amid tense race relations in Jena, a mostly white town of 3,000 in north-central Louisiana where racial tensions have grown since incidents that started last school year at Jena High. After a black student sat under a tree on the school campus where white students traditionally congregated, three nooses were hung in the tree.
Students accused of placing the nooses were suspended from school for a short period.
The six black students were accused of beating and kicking Barker on Dec. 4. A motive for the attack was never established. Barker was treated at a hospital emergency room and released after about three hours.
Shaw�s attorney, George Tucker, said Tuesday that he still doesn�t believe his client will get a fair trial in Jena.
Shaw himself has dreams of attending Gramling State University. �Just drop all the charges and let us go on with our lives,� the teenager told CNN Tuesday.
http://www.msnbc.msn.com/id/20589789/?GT1=10357#storyContinued |
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The_Conservative
Joined: 15 Mar 2007
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| Posted: Tue Sep 04, 2007 4:30 pm Post subject: |
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So he has dreams of attending university does he? Too bad he didn't think about that while he was busy assulting another person.
"Drop all the charges and let us go on with our lives." Riiightt. So apparently he feels there should be no consequences for putting someone else in hospital. |
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Alyallen
Joined: 29 Mar 2004
Location: The 4th Greatest Place on Earth = Jeonju!!!
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| Posted: Tue Sep 04, 2007 5:12 pm Post subject: |
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| The_Conservative wrote: |
So he has dreams of attending university does he? Too bad he didn't think about that while he was busy assulting another person.
"Drop all the charges and let us go on with our lives." Riiightt. So apparently he feels there should be no consequences for putting someone else in hospital. |
I have to agree with the conservative. That last line in particular is very strange. But I have the feeling it's because fights like that have happened before without charges being brought. But that's just a guess because otherwise, that comment is just bizarre... |
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