Update: Maui man's racist rant could result in park ban, criminal charges (Read 17168 times)

Funtimes

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #20 on: February 21, 2014, 10:20:06 PM »
That rant is no "hate crime".

It's just some skinny punk that hasn't got beat up yet and thinks he's tough.

When I was growing up, this dummy would just get licked and stop acting up.

Today, everybody is so pussified that they cry "hate crime" and want to lock up for life some idiot saying stupid stuff.

I'm pretty sure his actions would meet both state and federal hate crime enhancement provisions.
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Posts are not legal advice & are my own, unless said so.

Funtimes

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #21 on: February 21, 2014, 10:21:02 PM »
+1

Since when is exercising a Constitutional right, like freedom of speech, a crime? 

Would I have been uncomfortable, even scared, in that situation?  Of course I would.  Would I have drawn a gun?  Nope.  Would I have called the cops?  Probably not in the minute-and-a-half this lasted.  So he hates white people and has a big mouth.  So you don't like what he had to say.  And?  That's why it's a Constitutionally-protected right, so that you can say things that make people scared or uncomfortable without being locked up!

His speech was not protected; his touching of the individual is not protected. 
Check out the Hawaii Defense Foundation.
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Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Funtimes

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #22 on: February 21, 2014, 10:21:56 PM »
I'm interested to see what charge Maui pulls out of their ass. At the most it's TT2 or disorderly conduct. The only actual crime I see is disorderly conduct. If the victims were really that terrorized they would of left. They stayed. That kinda defeats the charge.

Don't see a hate crime here. If he would of struck one of them then it's a hate crime. The only thing he did was threaten to break their phone.

If they count multiple victims as multiple instances you could go with TT1 on the felony.   His speech shows that he is targeting them based on race or ethnicity; that element pretty much can make it a hate crime all by itself.  I mean come on, if you ran around "GAYS TOOK MY LAND. I WILL SMASH GAYS.  F--- ALL YOU GAYS," and then hit a person of that sexual lifestyle, then you can bet that someone might hem you up for a hate crime.  I don't really see how this is that different.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Dblnaknak

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #23 on: February 21, 2014, 10:24:38 PM »

If they count multiple victims as multiple instances you could go with TT1 on the felony.

No. Don't think so. I doubt anything will happen.

Kingkeoni

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #24 on: February 21, 2014, 10:45:34 PM »
Then you get thrown in jail for assault.

Really smart!   :wacko:

Brah, if some dumbass gets up on me and threatens me and my wife, he gets dropped.

I guarantee you I wouldn't go to jail.

Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Funtimes

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #25 on: February 21, 2014, 10:49:26 PM »
No. Don't think so. I doubt anything will happen.

While nothing may happen, I don't see how it's not qualified under (B)     (b)   By threats made in a common scheme against different persons;
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

survivorman

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #26 on: February 21, 2014, 11:18:26 PM »
http://ag.hawaii.gov/cpja/files/2013/03/Hawaii-Hate-Crime-Report-2012.pdf

Hate Crime Characteristics
[/b]The FBI’s national program emphasizes a list of fourteen characteristics that should be considered when determining whether or not an offense is a hate crime (CJIS, 1999). These same characteristics
are also utilized in the Hawaii program. A critical concept concerning these characteristics is that they are not stringent criteria, per se – there is no requirement as to certain key characteristics or
the minimum number of characteristics that must be present in order for an offense to be determined a hate crime.

1. The offender and victim are of a different race, religion, disability, ethnicity/national origin, or sexual orientation (hereafter “group”).
2. Bias-related oral comments, written statements, or gestures were made by the offender.

3. Bias-related drawings, markings, symbols, or graffiti were left at the crime scene.
4. Certain objects, items, or things which indicate bias were used.
5. The victim is a member of a group which is overwhelmingly outnumbered by other residents in the community where the crime took place.
 
6. The crime occurred in an area where other hate crimes against the victim’s group have occurred, and where tensions remain high against this group.
7. Several incidents occurred in the same locality, at or about the same time, and the victims were all of the same group.
8. A substantial portion of the community where the crime occurred perceives that the incident was motivated by bias.
9. The victim was engaged in activities promoting his/her group.
10. The incident coincided with a holiday or a date of particular significance to the victim’s group.
11. The offender was previously involved in a similar hate crime or is a member of a hate group.
12. There are indications that a hate group was involved.
13. A historically established animosity exists between the victim’s and the offender’s groups.
14. The victim, although not a member of the targeted group, was a member of an advocacy group supporting the precepts of the victim
group.

Pussified?  Maybe...but a crime none the less.
Some would say feeling the need to carry a firearm to protect oneself is pussified too.  So is the solution is to just scrap and hope you win, you don't get too seriously injured, your family isn't hurt and you don't end up in jail???
Who hasn't been tempted to scrap then let discretion take over and walk away?  Not to mention however "right" you might think you are, and how confident you are that you can smash someone, things rarely go well when discretion goes out the window.  Remember, no matter what your race, if you're out of your element there's a good chance if you're kicking a local's ass on his turf you're likely to get jumped island style.  Not only here, I think that way when I'm travelling too.

pj_benn

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #27 on: February 22, 2014, 05:33:00 AM »
Then you get thrown in jail for assault.

Really smart!   :wacko:
In the las thread on this crap you said the guy was verbally assaulting and terroristic threatening. Now you're saying that if someone fought back defending against the 'assault' they'd get thrown in jail for assault against the original assaulter? Mind blown

Kingkeoni

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #28 on: February 22, 2014, 07:33:19 AM »
In the las thread on this crap you said the guy was verbally assaulting and terroristic threatening. Now you're saying that if someone fought back defending against the 'assault' they'd get thrown in jail for assault against the original assaulter? Mind blown

Darmok just likes to argue.

I think he gets off on playing devils advocate in any discussion.
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

338KID

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #29 on: February 22, 2014, 07:37:52 AM »
Someone should of gave the dude another Heineken. Problem solved.
Fast is fine , accuracy is final

BUD

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #30 on: February 22, 2014, 09:22:27 AM »
Someone should of gave the dude another Heineken. Problem solved.

I totally neglected green bottle diplomacy! Maybe that is the CCW OP was talking about in the other thread.  Bust out a green bottle and problems solved!  :shaka:
It is what it is.

BUD

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #31 on: February 22, 2014, 09:25:31 AM »
In the las thread on this crap you said the guy was verbally assaulting and terroristic threatening. Now you're saying that if someone fought back defending against the 'assault' they'd get thrown in jail for assault against the original assaulter? Mind blown

I think he thinks everyone is ignoring him just like he is ignoring certain posters (myself included).  Easy to tell different tales to different audiences.  And, just likes to argue and impress with his omniscience.
It is what it is.

338KID

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #32 on: February 22, 2014, 09:39:16 AM »
Brah, if some dumbass gets up on me and threatens me and my wife, he gets dropped.

I guarantee you I wouldn't go to jail.
My wife would of dropped him .
Fast is fine , accuracy is final

Kingkeoni

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #33 on: February 22, 2014, 10:22:37 AM »
I totally neglected green bottle diplomacy! Maybe that is the CCW OP was talking about in the other thread.  Bust out a green bottle and problems solved!  :shaka:

Make it a can, in case he tries to use it as a weapon.

Lol
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

ren

Re: Update: Maui man's racist rant could result in park ban, criminal charges
« Reply #34 on: February 22, 2014, 10:34:11 AM »




I laugh everytime he puts his hands in his pockets and speaks as if he was black. "Dawg" "Power to the People! Yo!" Dude wasn't even born when a Spike Lee and Public Enemy came out.
Deeds Not Words