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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBREAKING: Shaun King: Police have finally arrested Dan Borden, the white supremacist ...
Link to tweet
Solly Mack
(90,799 posts)Good.
L. Coyote
(51,129 posts)orangecrush
(19,661 posts)Fucking cowards!
uppityperson
(115,681 posts)Police charged Daniel Borden, 18, Thursday with malicious wounding weeks after after video and photos surfaced online showing several white men attacking 20-year-old Deandre Harris on Aug. 12 in a parking garage.
Sgt. J. Via, with the Charlottesville Police Department, said on Aug. 15 police considered Borden a person of interest....(more)
trof
(54,256 posts)WTF is 'malicious wounding"?
A misdemeanor?
MagickMuffin
(15,976 posts)A. If any person maliciously shoots, stabs, cuts or wounds any other person, or by any means causes bodily injury, with the intent to maim, disfigure, disable or kill, he shall be guilty of a Class 2 felony if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment.
jberryhill
(62,444 posts)Do you know there is no crime called "rape" in a lot of states?
What a state calls it when "someone does x and y with the intent to do z" is entirely a matter of nomenclature.
This is a felony charge.
trof
(54,256 posts)What brought THAT on?
The Velveteen Ocelot
(115,951 posts)The definition of malicious wounding is basically the same what my state calls assault in the first degree. There is no crime of rape in my state, but there is a felony called criminal sexual conduct in the first degree whose definition is what would colloquially be called rape. There's no kidnapping, but there is a crime called abduction. It all depends on what the legislature wants to call it.
Bladewire
(381 posts)The Velveteen Ocelot
(115,951 posts)Bladewire
(381 posts)Nazis beating blacks at a white supremacist rally is the epitome of a hate crime.
The Velveteen Ocelot
(115,951 posts)- in charge of a federal agency that prosecutes federal crimes - but these guys will be charged with state crimes according to the laws of the state of Virginia. They will be prosecuted by a district attorney with jurisdiction over the city of Charlottesville.
jmowreader
(50,580 posts)Dual sovereignty means if you commit an offense that's illegal under both federal and state law, both jurisdictions can try you without invoking double jeopardy.
The Velveteen Ocelot
(115,951 posts)of interstate involvement - that is, that the conduct constituting the crime occurred during the course of, or as the result of, interstate travel by the defendant or the victim, or a firearm or other weapon that was used traveled in interstate commerce. I can't tell from the article whether Borden, originally a local, came from out of state for the Nazi rally, or where Harris was from. In any event, there had to have been some sort of interstate involvement for the feds to have jurisdiction. If there wasn't any, it will be prosecuted by the state alone.
jmowreader
(50,580 posts)According to https://www.theroot.com/white-supremacist-daniel-borden-charged-in-charlottesvi-1798467504, Borden is from Mason, Ohio. He traveled from there to Virginia, committed his special crime in Virginia, returned to Ohio, was arrested by the Ohio police and is currently in an Ohio jail.
It don't get no better than this.
The Velveteen Ocelot
(115,951 posts)Dark n Stormy Knight
(9,773 posts)BigmanPigman
(51,649 posts)Charlottesville sucks but I am not surprised a bit. Many cops allow this to happen. I saw it first hand at a protest and rally to Impeach Trump in July when the Proud Boys made a special long distance trip to incite violence in blue San Diego, CA. The cops stood there and watched smiling until the assembly person who was a guest speaker (they disrupted her entire speech) called the chief of police.
politicat
(9,808 posts)I'm not going to entirely fault C'ville PD and their DA for making sure they got solid identifications.
The cops failing to stop it... on that, they get a LOT of blame and no leeway.
greyl
(22,990 posts)It does seem like this arrest took a while, but maybe it because they were gathering intelligence and preparing prosecution. Maybe that's too optimistic.
SMC22307
(8,090 posts)And the other white supremacist man-boys in on the attack?
Donkees
(31,517 posts)SMC22307
(8,090 posts)Heard anything about that red-bearded man-boy assaulting Deandre? He shouldn't be that hard to identify.
Donkees
(31,517 posts)riversedge
(70,420 posts)folks get into horrible trouble.
oberliner
(58,724 posts)Perhaps there is time.
CanonRay
(14,132 posts)and he won't get any better in jail. Just hope he's in so long he doesn't reproduce
politicat
(9,808 posts)It's not hyperbole to say that G-mr-g8 and the nastier corners of reddit are catching these jackwagons at an early age. They get resentful that they can't get dates (nevermind that they don't put any effort into it, don't even try) and think they're entitled to a relationship where they never have to do any work and can do whatever they want to someone who has no rights or ability to refuse. Once the MRAs have them, they add in racism and other forms of hate.
It's our version of radicalization. It plays on cultural tropes we have, as does all radicalization, but it often boils down to snowflake babies who are convinced their entitled to having their boners serviced and bawling because the world just isn't FAIR to their specific set of impulses.
liquid diamond
(1,917 posts)can't get a date, they hate POC? Da fuck? Those sound like two different issues.
politicat
(9,808 posts)Resenting women who date outside their race (because if those white girls would just be assigned to the worthy white Incel, all would be fine) to resenting all people who aren't them. They are completely related, and there is significant radicalization manipulation ongoing. I'm oversimplifying a little, but not much. It's fairly linear.
Keep an eye on wehuntedthemammoth.com; Dave tracks this progression.
catrose
(5,077 posts)dalton99a
(81,680 posts)Have fun in jail, stupid Nazi
smirkymonkey
(63,221 posts)And I hope his prison experience scares some sense into him.
blogslut
(38,021 posts)Police charged Daniel Borden, 18, Thursday with malicious wounding weeks after after video and photos surfaced online showing several white men attacking 20-year-old Deandre Harris on Aug. 12 in a parking garage...
<snip>
A classmate at Mason Middle School told police in 2012 that Borden held a knife inches from his face, according to a police report. He also said Borden drew swastikas, called him "Jew Boy" because he had a big nose and claimed he belonged to a gang called Brothers of Confederacy, the report states.
Another student said Borden said he was going to kill him because he wouldn't buy Borden a cookie, according to the report. Borden said he was joking. Mason Police Officer Joshua Wells said police charged Borden with possessing a deadly weapon in a school safety zone and aggravated menacing...
heaven05
(18,124 posts)czarjak
(11,316 posts)JohnnyRingo
(18,675 posts)He's 18 now, and this isn't like getting detention for strong arming a fellow student in the school cafeteria. Unless dad's extremely wealthy...it's goodbye asshole.
the rest of us will be fine without you.
heaven05
(18,124 posts)on his white privileged and entitled hand, spend a week on probation and be free to join the storm troopers of the hitler clone, trump the orange baboon....to beat and kill as many black people he can, at the numerous rallies and protests upcoming with the 2018 election fast approaching.... again. No doubts in trump's white supremacist paradise called ameriKKKa, the new nazi lover country.
trof
(54,256 posts)Malicious Wounding
There are three elements to the criminal offense of malicious wounding in Virginia.
The government must first prove that the defendant shot, stabbed, cut, wounded, or caused bodily injury to another person.
Second, it must prove that the defendant intended to maim, disfigure, disable or kill the other person at the time he committed the act.
Finally, the government must prove that the act was done with malice. The penalty for malicious wounding is 5 to 20 year imprisonment and/or a fine of up to $100,000.
OK, I'm good with that.
Stonepounder
(4,033 posts)grantcart
(53,061 posts)uppityperson
(115,681 posts)sharedvalues
(6,916 posts)jberryhill
(62,444 posts)Here are the titles of crimes in VA. You can click on them for their definitions:
http://law.justia.com/codes/virginia/2006/toc1802000/toc18020000004000000000000.html
There is a misdemeanor called "Assault and battery". This is a much more serious charge than that.
sharedvalues
(6,916 posts)There is no literal "felony assault" crime but it seems that malicious wounding is the felony assault crime in VA in practice.
Someone who committed that same action in PA would be charged under felony aggravated assault.
jberryhill
(62,444 posts)People get hung up over the titles of these things but the general act of "beating the crap out of someone" is a felony everywhere, regardless of what it's called. There's a predictable DU freak out everytime some pervert somewhere is charged with some grade of "sexual assault" in states that don't have "rape" over "why wasn't he charged with rape?"
ProudLib72
(17,984 posts)2006 Code of Virginia § 18.2-46.5 - Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty
18.2-46.5. Committing, conspiring and aiding and abetting acts of terrorismprohibited; penalty.
A. Any person who commits or conspires to commit, or aids and abets thecommission of an act of terrorism, as defined in 18.2-46.4, is guilty of aClass 2 felony if the base offense of such act of terrorism may be punishedby life imprisonment, or a term of imprisonment of not less than twenty years.
B. Any person who commits, conspires to commit, or aids and abets thecommission of an act of terrorism, as defined in 18.2-46.4, is guilty of aClass 3 felony if the maximum penalty for the base offense of such act ofterrorism is a term of imprisonment or incarceration in jail of less than twenty years.
jberryhill
(62,444 posts)And the definition of that is.... what?
ProudLib72
(17,984 posts)"Act of terrorism" means an act of violence as defined in clause (i) of subdivision A of 19.2-297.1 committed with the intent to (i) intimidate the civilian population at large; or (ii) influence the conduct or activities of the government of the United States, a state or locality through intimidation.
"Base offense" means an act of violence as defined in clause (i) of subdivision A of 19.2-297.1 committed with the intent required to commit an act of terrorism.
"Weapon of terrorism" means any device or material that is designed,intended or used to cause death, bodily injury or serious bodily harm,through the release, dissemination, or impact of (i) poisonous chemicals (ii) an infectious biological substance; or (iii) release of radiation or radioactivity.
An act of violence with the intent to intimidate the civilian population at large: CHECK
Influence the conduct or activities of the government of the US, a state or locality: CHECK (stop the removal of statues)
judesedit
(4,443 posts)Maraya1969
(22,509 posts)demmiblue
(36,911 posts)Fuckers, all of them.
msongs
(67,478 posts)HughBeaumont
(24,461 posts)STOP PROTECTING TERRORISTS AND STOP ARRESTING THE TERRORIZED.
"Why do people not respect police?" "Gee, Mr. Spicoli . . . I don't KNOW."
yardwork
(61,752 posts)obamanut2012
(26,181 posts)Lee-Lee
(6,324 posts)I get that much of society is spoiled and demands instant gratification, but your bashing them for taking 17 days?
Do you have any idea what it takes to make a case?
The video is good. Then you have to positively identity that person. No, a bunch of people on Twitter isn't admissible proof. You can take that as a lead, but you need further proof it's the right guy. past a resemblance. So you get a warrant for their cell phone records and credit card records and see that they show he was in town- that takes time. Then you go over his social media and show he has previously made statements supporting this kind of violence.
This work doesn't happen like it does on TV where some smart but quirky behind the scenes computer genius gets you data instantly. You get a warrant, you send the warrant to the levels department of the big phone company or credit card company, you wait for them to send it to their data people, you wait for their data people to send you results responsive to the warrant. You don't go digging into their systems like on TV. It can take anywhere from 24-96 hours from "Judge we would like a warrant" to getting data. And several hours to prepare the request for the warrant from the judge before that.
So you do all that and build a case. Now you find out he is in another state. So you go back in front of the judge asking for an arrest warant. Takes time to get thatbarrstnwarrant package complete. Then you have to find where he may be in that other stage and coordinate with the local police there to get him.
Oh, and all the while there are probably working a dozen or two dozen more people from this same incident at the same time to get information and possibly warrants on. He wasn't the only one they were after for sure.
And had they messed up one single step on this his defense lawyer will seize on it as an excuse to get him off, so their work must be meticulous in every step and well documented.
And your mad it took them 17 days and think that's a reason to bash them?
HughBeaumont
(24,461 posts)When a felony assault is being committed, YOU ARREST THE FUCKERS COMMITTING IT THEN AND THERE. COME on.
And please spare me the bullshit that "police cannot be everywhere at any given time". What's "being spoiled" about asking police to give the same treatment to people committing actual CRIMES as opposed to people exercising their First Amendment rights? Where were the police at that same rally where one of the Nazis was on video firing a live round at a counter-protestor?
Given your history of cop defense, you're likely going to spew forth a giant essay as to why that cannot POSSIBLY be.
Police give very disparate treatment of white vs black, rich vs poor, Conservative vs Liberal. Video doesn't lie. This should NOT have taken this damned long. These guys were on more than one video.
Lee-Lee
(6,324 posts)Yeah, if the cops are not there they are not there.
Do you expect them to have Scotty beam them over right away when it happens as soon as the Enterpises scanners detect an assault? Or what other mystical technology exists in your world where they can instantly be transported to the scene of a crime in progress to effect an instant arrest?
Your right, I will say the cops can't be everywhere at once. You may not be able to comprehend that is reality, but your inability to comprehend it doesn't make it any less a real fact. If they were not there to see it happen they can't make an on the spot arrest.... because they are not there to do it. It's really not that hard to understand.
This irrational and immature demanding of actions that are physically impossible- like police making an arrest when they are not on scene- is nothing but immature demands of instant gratification totally out of touch with reality.
wryter2000
(46,127 posts)Now get the rest of them
TexasBushwhacker
(20,233 posts)The moles on his neck were a strong identifier.
shanti
(21,675 posts)I thought they werer blood splatters. Apparently, he was recognized because of them.
Kashkakat v.2.0
(1,752 posts)ProudLib72
(17,984 posts)Let the Tent City Murderer have him for twenty years.
Bladewire
(381 posts)Lee-Lee
(6,324 posts)They have plenty of time to add more charges once he is back in VA.
NNadir
(33,582 posts)rurallib
(62,477 posts)Although i have hopes that pardon will really boomerang on those assholes.
Hoping for a conviction and a long sentence.
What was that I always used to hear from the law'n'order righties "you do the crime you do the time."
Initech
(100,129 posts)haveahart
(905 posts)Turbineguy
(37,396 posts)to be so young and so fucked up.
herding cats
(19,569 posts)He needs to be heals accountable for his actions!
m-lekktor
(3,675 posts)Response to Donkees (Original post)
Post removed
C Moon
(12,225 posts)Donkees
(31,517 posts)Daniel Borden and his family have cooperated fully with the FBI in its investigation of the events in Charlottesville. When Dan was advised yesterday afternoon that a warrant for his arrest had been issued by Virginia authorities, he immediately surrendered himself to the FBI and, later, the Hamilton County Sheriff's Department.
Dan is awaiting extradition to Virginia. He will defend himself against charges filed as a consequence of rioting caused by the City of Charlottesville's decision to allow BLM and Antifah members to attack those protesting the removal of Robert E. Lee's statue from a local park.
As Dan attempted to leave the protest grounds, he was struck in the head and tear gassed multiple times. Dan repeatedly requested protection from Charlottesville Police and was ignored. We believe Dan will be exonerated."
http://www.wlwt.com/article/man-with-local-ties-arrested-in-connection-to-charlottesville-beating/12100986
SonofDonald
(2,050 posts)He traveled interstate to get there, he brought his own club, he brought his own customized hard hat, what did he need that for? he attended the rally?, he is on media beating the victim.
I don't think it matters what he says went on, the evidence shows what his intention and actions were that day.
Game over
SweetieD
(1,660 posts)downeastdaniel
(497 posts)workinclasszero
(28,270 posts)LOCK HIM UP!
PatrickforO
(14,602 posts)That was a hate crime if ever there was.
Donkees
(31,517 posts)hexola
(4,835 posts)Seems pretty relevant...
Hortensis
(58,785 posts)whose poor family won't be surprised.
Borden Is From Mason, Ohio & Has a Troubled Past. ... According to WLWT-TV, there were signs of trouble in his past. ... Borden, 18, was previously accused of pulling a knife on a classmate years ago, WLWT reported. The mother of that classmate told the television station, I wasnt surprised, I was disgusted and just sick about everything I was seeing. The mother alleged that Borden called her son Jew Boy and made fun of the size of his nose, according to WLWT.
Borden attended Mason High School in Mason, Ohio, but he didnt graduate, according to Cincinnati.com. ... There were earlier signs that Borden aligned with white supremacist ideology, WLWT reported. According to a report from 2012, Borden brought a knife to school, took it out and put it 5 inches from another boys face, That boy also told police that Borden allegedly drew swastikas on paperwork, according to WLWT.
According to Cincinnati.com, Borden allegedly belonged to a gang called the Brothers of Confederacy, drew swastikas on his school papers and performed Nazi salutes.
His deleted Facebook name used the middle name Boc, according to reports.
This is one of 3 or 4 arrests, and there'll be still more.
Lee-Lee
(6,324 posts)Going to admit they were wrong and maybe apologize to the officers and departments they bashed?
I bet not. I went back to a post just last week where the original poster was bashing the cops for not acting yet and then attacked me for simply saying that they don't have any idea what's going on behind the scenes and its irresponsible to bash them and make accusations they are intentionally not doing anything. Seems the response was to do the cowardly thing and self delete the original post instead of admitting they were wrong.