Second degree murder= Probation? - PowerStrokeNation : Ford Powerstroke Diesel Forum
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post #1 of 29 (permalink) Old 12-29-2010, 09:54 PM Thread Starter
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Second degree murder= Probation?

Probation for killing after dog pees on prize lawn - U.S. news - Crime & courts - msnbc.com

JOLIET, Ill. — A former Marine who was convicted of second-degree murder in the shooting death of a man whose puppy urinated on his award-winning lawn was sentenced Wednesday to four years probation.

Charles Clements, 69, won't do any jail time for killing his neighbor Joshua Funches, 23, during an argument outside Clements' home. He could have been sentenced to as long as 20 years in prison, The Chicago Tribune reported.

"This is not justice," said Gail Williams, the slain man's aunt, according to the Tribune.

In May 2009, as Funches passed Clements' home while walking his fox terrier, the dog lifted its leg and relieved itself, witnesses said. The two men got into an argument. After Funches cursed at him, Clements pulled out a .45-caliber handgun, then put it back in his pocket, the Tribune reported. Soon after, Funches punched Clements in the face. Clements said Funches was standing still when he redrew the gun and shot him, the Tribune reported.

Funches later died of his injuries.

The Will County state's attorney indicated it would not appeal county Judge Daniel Rozak's sentence. The attorney's office issued a statement following the ruling:

“Given the serious nature of the crime and the evidence presented at trial, the State’s Attorney’s Office asked the judge for a prison sentence for Charles Clements. After presiding over the trial and hearing all the facts and circumstances, the judge determined that probation was an appropriate sentence. He is an excellent judge and we respect his decision.”

The judge told Clements the slaying wasn't about a dog urinating on a lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man," the Tribune reported.

Having repeatedly earned University Park's lawn upkeep award, Clements often verbally harassed anyone who stepped near or on his precious grass, neighbors said.

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post #2 of 29 (permalink) Old 12-29-2010, 09:57 PM
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Re: Second degree murder= Probation?

Sounds about right. But don't pay/evade your taxes and you get 20+ years.

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post #3 of 29 (permalink) Old 12-30-2010, 12:24 AM
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Re: Second degree murder= Probation?

Thats liberal ass Illinois for you

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post #4 of 29 (permalink) Old 12-30-2010, 12:32 AM
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Re: Second degree murder= Probation?

He was on the other guys property. I and the guy who got shot was way younger.And hit the old man first. If someone hit you when you were 70 woulnt you feel thretend enough to shoot. Its not like you can hang in a fist fight. And I tell people walking their dog chit all the time for letting them #### in the front yard.

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post #5 of 29 (permalink) Old 12-30-2010, 12:50 PM
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Re: Second degree murder= Probation?

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He was on the other guys property. I and the guy who got shot was way younger.And hit the old man first. If someone hit you when you were 70 woulnt you feel thretend enough to shoot. Its not like you can hang in a fist fight. And I tell people walking their dog chit all the time for letting them #### in the front yard.

Agree with you 100 percent. Put yourself in his situation. A 70 year old former marine getting assualted on his own property. Pretty sure a fist fight would kill him, of course he is going to pull out his gun. He is protecting his life. The guy got what he deserved for punching a 70 year old man.

1. What tool 23 year old punches a 70 year old man
2. Guy was trespassing on the ol mans property
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post #6 of 29 (permalink) Old 12-30-2010, 12:57 PM
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Re: Second degree murder= Probation?

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post #7 of 29 (permalink) Old 12-30-2010, 01:13 PM
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Re: Second degree murder= Probation?

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Originally Posted by PSD-BLACK-CLOUD View Post
He was on the other guys property. I and the guy who got shot was way younger.And hit the old man first. If someone hit you when you were 70 woulnt you feel thretend enough to shoot. Its not like you can hang in a fist fight. And I tell people walking their dog chit all the time for letting them #### in the front yard.
I agree with u but it did say the man pulled the gun out when they were talking or yelling at each other. So the 23 year old could have felt thretend as well so it's hard to say. If a old man pulls a gun on me then puts it up and I can get to him before he can pull it out I'm going to fuk him up wether he's 70 90,100 or 23. That's the only part I see that is fuked up. I also see him going to jail for a few years. Not probation!

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post #8 of 29 (permalink) Old 12-30-2010, 01:28 PM
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Re: Second degree murder= Probation?


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post #9 of 29 (permalink) Old 12-30-2010, 01:56 PM
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Re: Second degree murder= Probation?

When you get what you deserve, "He bought that one".
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post #10 of 29 (permalink) Old 12-30-2010, 02:06 PM
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Re: Second degree murder= Probation?

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Originally Posted by STROKER6.04LIFE View Post
I agree with u but it did say the man pulled the gun out when they were talking or yelling at each other. So the 23 year old could have felt thretend as well so it's hard to say. If a old man pulls a gun on me then puts it up and I can get to him before he can pull it out I'm going to fuk him up wether he's 70 90,100 or 23. That's the only part I see that is fuked up. I also see him going to jail for a few years. Not probation!
Only problem with that was, the old man had enough time to put the gun back in his pocket before the punch happened... so that doesnt exactly apply to this situation. The 23 year old could have walked away at that point. Re-read below
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After Funches cursed at him, Clements pulled out a .45-caliber handgun, then put it back in his pocket, the Tribune reported. Soon after, Funches punched Clements in the face.

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