Woman who threw slushie on Matt Gaetz at Pensacola event sentenced to 15 days in prison

[Zorro]

Source: Pensacola News-Herald

Amanda Kondrat'yev, the woman who threw a red slushie drink on U.S. Rep. Matt Gaetz at a campaign event in June, was sentenced Monday to 15 days in prison for assaulting a U.S. congressman.

The 35-year-old wife and mother of two, who briefly ran against Gaetz as a Democratic challenger in the 2016 election, will turn herself in to the U.S. Marshals to begin her sentence Dec. 2.

Kondrat'yev pleaded guilty in August and admitted to throwing the cup at Gaetz as he was leaving the Brew Ha Ha restaurant for an "Open Gaetz" event on June 1.

Sentencing guidelines called for a prison sentence of eight months to a year, but U.S. Magistrate Judge Hope Cannon said the fact that Kondrat'yev had no prior criminal history and that the crime in question had a "limited duration" justified a departure from those guidelines.

Read more: https://www.pnj.com/story/news/2019/11/18/woman-who-threw-slushie-matt-gaetz-sentenced-15-days-prison-amanda-kondratyev/4227935002/

[dewsgirl]

1. A buncha BS.

[mahatmakanejeeves]

13. So assault is just great, right? NT

[dewsgirl]

14. No, but 2 weeks in jail is a bit much. She shouldn't have done it

Of course, but now she has a record. Probation would have been fine. IMO.
This all boils down to her running against him.

[paleotn]

25. And George Papadopoulos served how much time in jail?

Maybe the time should fit the crime.

[SterlingPound]

28. 1000%

She got a day more in jail for not taking a part in treason against this nation!

[Farmer-Rick]

29. Because slushies are just so dangerous and sticky

Wow, our justice system is seriously broken. Maybe a fine, maybe a week probation but come on....jail time for a slushie in June?

If she were one of the good old boys would this have happened?

[jberryhill]

59. How strongly did you object to six months plus a year probation...

...for the woman who threw a shoe at Hillary Clinton and missed?

Since she missed Hillary Clinton, then it should have been no jail time at all, right?

[Farmer-Rick]

69. If she had thrown a slushie in June, I would have come to the same conclusion

Actually I think shoes can be dangerous if thrown with some accuracy. Heels can be very hard and high heels can be very dangerous. Besides, there is a reason Hillary had Secret Service around her, while this idiot probably had Russian agents around him.

But RepubliCONS are always pushing for "both sides are the same" ism even when their lethality is always much worse.

[LanternWaste]

45. I'm not surprised you think that's the only inference possible.

I get it... it can be tough to advertise our self-righteousness in a subtle, yet efficient manner, and sometimes we have to pull out a logical fallacy or two to make sure everyone knows.

[Funtatlaguy]

2. They should build her a statue.

[groundloop]

24. Yes, and who WOULDN'T have felt threatened by him?

Hell, for that matter she should have claimed self defense. "Your honor, he looked threatening to me and I defended my self with the only weapon I had. I was merely standing my ground".

[treestar]

49. Yes, it's Florida, should have tried that

[riversedge]

4. good god! she will have a prison record because of throwing a

drink at the drunk. life is not fair.

[LakeArenal]

5. Boooooo! Goetz should be the one in jail.

[keithbvadu2]

6. Did the snowflake melt?

[bluestarone]

7. BULLSHIT

This is total bullshit.

[mahatmakanejeeves]

18. So assault is just great, right? NT

[dem4decades]

27. Seriously? It was a drink.

[jberryhill]

30. Do people think it is legal to throw things at people?

Could I see a list of objects you’d approve to be thrown at Nancy Pelosi?

[dware]

70. I'm just astounded by the double standards here.

If this had been a repig throwing a slushie at, say, Kamala Harris, or Nancy Pelosi, or anyone with a D after their name, you can take it to the bank that the same people applauding would be screaming with outrage and demanding prison time for the perpretator.

I don't condone violence against any politician, no matter what party they belong to, and I think the punishment is appropriate for the crime.

[jberryhill]

71. IMHO, some people do this sort of thing...

...so they can post links to DU elsewhere to make some point about how liberals support physical attacks on politicians.

Same thing here:

https://www.democraticunderground.com/100212122586

They want to encourage others to do this sort of thing, but would never actually do it themselves. Big talking cowards.

[dware]

72. I just read that thread and all I can say is,

WOW!!!

I think you hit the nail on the head with your post.

[Polybius]

36. Suppose it was thrown at Kamala Harris (for example)?

Would you be saying the exact same thing here?

[dware]

73. I think we all know the answer to that.

[czarjak]

37. You say assault...

I say protest. Physical harm is assault, Slushcake.

[jberryhill]

42. That's surprisingly uninformed

No. Physical harm is not required. This may come as a surprise to some here, but you aren’t allowed to touch other people directly or with thrown objects for the purpose of causing alarm or distress.

Even if “she deserves it”.

[csziggy]

44. In Florida, assualt does not require physical harm or even contact

It just has to be a threat.

Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.011?Assault.—
(1)?An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.011.html

Battery, on the other hand, requires physical contact and/or bodily harm:

Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.03?Battery; felony battery.—
(1)(a)?The offense of battery occurs when a person:
1.?Actually and intentionally touches or strikes another person against the will of the other; or
2.?Intentionally causes bodily harm to another person.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.03.html

[jberryhill]

51. Assaulting a member of Congress is a federal crime

[csziggy]

55. True and the federal assault crime covers both apprehension of harm and actual injury

1610. Assault -- 18 U.S.C. 351(e)

The assault provision of 18 U.S.C. § 351(e) divides assault into two categories: those that result in personal injury, which are punishable by 10 years of imprisonment and a fine; and all others, which are punishable by one year of imprisonment and a fine. The applicable fine is determined by the provisions of 18 U.S.C. § 3571. The legislative history of the section shows that the lower penalty was intended for situations in which a person strikes with his or her fist at a Member of Congress without landing the blow, or strikes only with an open hand and causes no lasting injury.

Absent a statutory definition of assault, the courts have looked to the common law and have concluded that an "assault" is:

An attempt with force or violence to do a corporal injury to another; may consist of any act tending to such corporal injury, accompanied with such circumstances as denotes at the time an intention, coupled with present ability, of using actual violence against the person.

Guarro v. United States, 237 F.2d 578, 580 (D.C. Cir. 1956). But, of course, an assault can also be committed "merely by putting another in apprehension of harm whether or not the actor actually intends to inflict, or is capable of inflicting that harm." Ladner v. United States, 358 U.S. 169, 177 (1958). Proof of this form of assault requires establishment of a reasonable apprehension of the immediate application of force to the victim. Note also that a condition in an offer of violence may negate the element of apprehension. For an excellent discussion of this concept, see Watts v. United States, 402 F.2d 676 (D.C. Cir. 1968), rev'd on other grounds, 394 U.S. 705 (1969). While the conviction of assaulting a Congressman requires proof that the defendant willfully caused an offensive touching, it is not necessary to prove a more severe injury. See also United States v. Masel, 563 F.2d 322 (7th Cir. 1977), cert. denied, 445 U.S. 927 (1978) (spitting into the face). Throwing eggs at a Congressman running for President was an assault under the statute and did not constitute protected symbolic political speech. See United States v. Guerrero, 667 F.2d 862 (10th Cir. 1981), cert. denied, 456 U.S. 964 (1982).

As the statute does not provide for aggravated assaults, involving use of deadly or dangerous weapons without inflicting personal injury, application of the attempted homicide provision should be considered in those cases where the penalty for simple assault appears unsuitable.
https://www.justice.gov/jm/criminal-resource-manual-1610-assault-18-usc-351e

After my first post about this, I realized that the charge for this woman was federal but got interrupted and didn't get back to amend the post.

[BeyondGeography]

8. 15 days and she didn't even stain his shirt ffs

[Gothmog]

9. Gaetz is an asshole with no sense of humor

[olddad65]

10. She was charged with extreme waste of a slushi.

[Guilded Lilly]

11. Methinks this tidbit from the article speaks loudest...

“The 35-year-old wife and mother of two, who briefly ran against Gaetz as a Democratic challenger in the 2016 election...”

Gaetz is such a repugnant human being.

[Calista241]

86. She was sentenced well under the guidelines for this sort of crime.

Good riddance I say. People that resort to violence shouldn't be welcome in our party.

[rzemanfl]

90. Bookmarking. n/t

[LenaBaby61]

12. Woman who threw slushie on Matt Gaetz at Pensacola event sentenced to 15 days in prison.

She wasted a good slishie on that drunkard, and she has to serve 15 days in prison.

He wasn't worth it.

[braddy]

15. She'll go to county jail, not a prison.

[Mr.Bill]

19. Sounds like it was a federal charge.

[Massacure]

20. Yes, it was a federal charge, but

The article also quotes the defense attorney who mentions that the local jail has a contract with the federal government to hold inmates for "short periods of time"

[braddy]

33. The article assumes that she will go to county for her 2 weeks, not sent to a real prison.

[jayfish]

79. She Would Probably Be Much, Much...

better off in a federal prison than a county jail.

[braddy]

84. Very true.

[exboyfil]

16. So how many days did the Congressman who assaulted a reporter

get.

None. 40 hours of community service.

Animal Farm is right, Some animals are more equal than others.

[bucolic_frolic]

23. +100x

..

[Ponietz]

34. Yes, that was a body slam

Whole other category of violence.

[mjvpi]

35. That was the richest man in either house of Congress

She was an angry mother of two

[Judi Lynn]

39. Exactly! Instead of throwing a slushie at someone, the scum threw the reporter on the concrete,

broke his glasses, harmed him, and mocked him.

Later the President revelled in it, gibbered about it publicly, waved his flabby arms around pretending he was the Congressman hurling a man on the concrete, and probably wet himself, as well, with excitement, in the retelling.

World of difference.

Thanks for mentioning that one. I wish he'd had a heart attack at the same time.

[jberryhill]

60. The woman who threw a shoe at Hillary Clinton - and missed - got six months in prison...

...plus a year probation.

Surely you objected to that, right?

[exboyfil]

61. That is more dangerous

I wasn't really following it. I actually think the 15 days might be about right for the shake thrower (I would have her pick trash up on the side of the road). Same applies to the pie in face crowd or anyone else who commits a battery.

I probably would give the woman who threw the shoe two months - again doing some sort community service. It might depend on circumstances as well (how hard the shoe etc.)

I would have the Congressman in a minimum security prison or county jail for six months. Also he should never have been seated (shame on the voters for voting him in).

[jberryhill]

62. Missing someone is not dangerous at all

Look at this thread. Most seem to subscribe to a no harm, no foul rule.

[exboyfil]

63. You throw an object with the intent to hit someone

That is a crime and should be punished. Like I said it is the circumstances surrounding the act.

Assault
In some jurisdictions, assault is defined as an act intended to cause fear of bodily harm or offensive contact. This does not require that any physical contact be made. In other jurisdictions, however, assault is defined as an attempt to injure another person.

Regardless of physical contact, an assault requires an intentional act. Verbal threats on their own are generally not enough for assault. However, throwing a punch (making contact doesn't matter) could be considered an assault.

https://resources.lawinfo.com/criminal-defense/what-is-assault.html

[Yo_Mama_Been_Loggin]

17. Oh FFS

Next time use a rock.

[inwiththenew]

47. She would have received a lot more than 15 days for a rock

Probably would be aggravated assault with a deadly weapon which is a felony 3. 3-5 years in prison without any additional for him being a Congressman.

[beastie boy]

21. I am so jealous!

I would have done 30 days for the pleasure.

[bucolic_frolic]

22. Drunk driving charges against Gaetz were dismissed

So, since these two were political opponents, why isn't this Free Speech?

I mean to say, money is free speech. Roberts Court told us so. She bought a slushi with money, and threw it at him.

What kind of lawyer did she have? Dumb as rocks.

[jberryhill]

26. You believe that physical assault is free speech?

That there is some political exception to assaulting someone, let alone a member of Congress?

And when one of them throws something on Nancy Pelosi, it will all be fair play and good fun?

[Nitram]

32. She served prison time. That's what patriots do. As opposed to Assange and his ilk.

She caused no bodily harm. I doubt he needs psychiatric therapy. What about Cheney yelling "Go fuck yourself" on the House floor? that's assault, too.

[Jedi Guy]

52. Since when is yelling "go fuck yourself" considered to be assault?

If that's assault, then there are millions of instances of assault just about every day on the nation's roads, in schoolyards, and boy howdy, the Internet is a hotbed of assault. Clearly it's a crisis, and someone should do something about it right away.

[jberryhill]

53. Amazing that some people cannot distinguish between words and throwing objects at people

And that they somehow think throwing objects at people is acceptable behavior.

[Nitram]

66. You're right, although if the person to whom the epithet is directed fears bodily harm, in many

jurisdictions it does qualify as assault. Assault does not require bodily or physical contact.

[Jedi Guy]

67. I'm not sure that's necessarily the case, regarding how the targeted person felt.

If the person doing the yelling makes a threat of some kind (e.g., I'm gonna beat your ass!) then yeah, I can see that qualifying as assault, since it's a threat of imminent bodily harm. If the person doing the yelling calls the other person a shithead, or whatever, then that's just name-calling. At most, it might qualify as disorderly conduct in some jurisdictions, or maybe disturbing the peace, if someone's bellowing vulgarities in public.

What someone thinks/feels is entirely subjective and impossible to prove. If I call you a shithead because you, say, zipped into a parking space I was angling for, it'd be a real stretch for you to claim fear of bodily harm. Now if I get out of my car and I'm screaming at you through your window, that's a different matter. To my mind it's less what any person involved thinks/feels, and much more the totality of the circumstances.

Insofar as Cheney is concerned, he's an asshole, and yelling "go fuck yourself!" at someone apropos of nothing is the sort of thing assholes do.

[jberryhill]

75. Correct, it is an objective standard, not a subjective one

The usually test is a dual one - (a) would a reasonable person have felt threatened under the circumstances, and (b) did this person feel threatened. You need to tag both bases.

A politician having an unknown chemical substance thrown on them is going to be rightfully alarmed.

These shitheads going on about "it's just a slushie" do not live with a constant background fear of being violently attacked, and do not know the chemical composition of some liquid that some nut just threw on them.

It was obvious in kindergarten that one of the cardinal rules of life is "don't throw things at other people". Some people did not pass that grade.

[lostnfound]

40. What would our founding fathers think? That Gaetz is a pantywaist? He has no value. Nt

[jberryhill]

43. Ah, good, managed to get a homophobic slur in too!

[lostnfound]

64. Why do you say it's homophobic? I looked it up first, it refers to short pants.

Before I posted it, I looked it up to be sure. It’s root meaning refers to short pants.

[Piasladic]

89. "A boy or man who is considered weak or effeminate"

I looked it up too. I don't think most people think it's about short pants.

[Nitram]

31. Good for her! She's an American hero!

[William Weehours]

38. Matt Gaetz, Snowflake Extraordinaire

What a fucking wuss!

[packman]

41. She should have used the Florida "Stand your ground" defense

Matt makes ANY sane person afraid of what he will do next. I know I perceive him as a threat.

[pecosbob]

46. C'mon people...it's clearly assault, whether politically motivated or not.

But at the same time, for the judge to limit the sentence to less than a year or two is definitely a victory. This was only different from the attack on Steve Scalise in the severity of the attack. Next thing you know the haters will be throwing acid on other people, like in Russia and both-sidering it to the milkshake attacks.

[Marengo]

48. I'd wager if Gaetz had a D following his name, DU would be screeching 15 days is too lenient

[Jedi Guy]

50. Imagine if the target of the slushie had been Nancy Pelosi, AOC, or Hillary... N/T

[Marengo]

54. Right??? The contrast would be breathtaking.

[jberryhill]

57. No need to guess

Six months lockup and a year probation for throwing a shoe at Hillary Clinton and missing.

https://www.nbcnews.com/politics/hillary-clinton/alison-ernst-charged-hilary-clinton-shoe-throw-sentenced-one-year-n316556

A Phoenix woman charged for throwing a shoe at Hillary Clinton during a Las Vegas speech last April was sentenced to a year of probation in federal court, her lawyer said Tuesday.

Alison Michelle Ernst, 36, had already served six months of detention for being a flight risk and pre-trial mental health evaluation in the attention-grabbing stunt.

https://www.democraticunderground.com/1017186474

[Marengo]

58. Impressive memory counselor, I'd completely forgotten about that. Seems I'm not alone, or perhaps...

[JonLP24]

68. I see different posters in this thread than the other thread

One of those posters is not even a fan of Hillary Clinton.

[Poeraria]

56. This is fair.

Stupid, stupid act. Learn a lesson. Move on.

[jayfish]

74. Bull Fucking Shit.

Why are so many people dying in US prisons and jails?

Anyone who thinks 15 days in an American jail for tossing a frozen drink at anyone should be ashamed of themselves.

[Poeraria]

76. Such class.

Best way to avoid jail is to avoid committing crime. This person broke the law, as well as standards of decent behavior. One of the worst parts of Trump's America is the elimination of an expectation of decent behavior. I will not allow Trump and his minion lower my standards.

[AncientGeezer]

77. A federal crime should be ignored?

Answer this honestly....if a trumpanzee threw a "frozen drink" at a sitting Senator...Ohh say... Sen. Sanders....would you think 15 days in jail is excessive?
I said "honestly"......

[jayfish]

78. Bit Of A Strawman, No?

As I don't believe I said the "crime" should be ignored. With that out of the way; yes, 15 days in an American jail for throwing a Slurpee at someone is beyond ridiculous. Without regard to the context. What's next jailing people for throwing water balloons? How about impromptu snowball fights?

[AncientGeezer]

80. We are talking about an attack on a Federal official...

NOT you and I having a snowball/water balloon fight in the Walmart parking lot.

Straw man...you constructed One.....I'll ask you again...
If a trumpanzee attacked your preferred candidate..Sen. Sanders... with a frozen drink...you would go absolutely bat crap crazy....demand a prosecution to the fullest extent of the law and scream like a wounded duck about a 15 day sentence, you'd want a Sanders attacker in Leavenworth for life...don't blow smoke up my ass and call it a cloud.

[jayfish]

81. Maybe You Missed It.

"15 days in an American jail for throwing a Slurpee at someone is beyond ridiculous. Without regard to the context."

[AncientGeezer]

82. I didn't miss squat....or context,

I repeat..if someone had done this to Sen. Sanders....you would be apoplectic about a 15 day sentence....

[jayfish]

83. Again...

No, I wouldn't.

[Bucky]

85. The thing about acts of civil disobedience is that you're supposed to be punished for them

I'm not sure throwing a drink on someone is technically "non-violent" but if you've read MLK, you know that the very point of breaking the law as part of a protest is so the you'll be arrested in order to make the world clearly see the real injustice.

[jayfish]

87. "in order to make the world clearly see the real injustice."

Based on what you see here; how's that working out?

[crim son]

88. Two nights in jail

is what my ex boyfriend got for entering my house while I was sleeping and attacking me first by throwing a potted plant - in an iron planter - at me in bed, then whatever else in reach including a flat-screen t.v. I ran from the house but he stayed back and decimated the furniture in my bedroom, threw my toothbrush in the toilet, overturned furniture in my son's room and then went into the kitchen and emptied bags of flour, etc., all over my kitchen and dining room.

Two nights, because up 'til then nobody had actually charged him for being an asshole, though he had dropped charges. Two weeks for throwing a slushie? Ummm, I call bullshit.