Slightly overboard

Post by **Lyion** » Fri Jul 08, 2005 10:33 pm

http://worldnetdaily.com/news/article.a ... E_ID=45104

A man who grabbed a 14-year-old girl's arm to chastise her after she walked in front of his car, causing him to swerve to avoid hitting her, must register as a "sex offender," the Appellate Court of Illinois has ruled.

Fitzroy Barnaby, a 28-year-old Evanston, Illinois, man was prosecuted for attempted kidnapping and child abduction charges following a November 2002 incident in which he nearly hit the teen with his vehicle.

The girl testified Barnaby yelled, "Come here, little girl," when he jumped out of his car and grabbed her arm. She broke away and called authorities. Barnaby says he was merely trying to lecture her for her carelessness.

The trial jury accepted Barnaby's version of the story, but found him guilty of unlawful restraint of a minor – a sex offense under Illinois law.

As a convicted sex offender, Barnaby is required to be listed on the state's sex offender registry and must keep authorities informed of his place of residency. He also isn't allowed to live near schools or parks. The Illinois Sex Offender Information website, operated by the Illinois State Police, lists those in the registry, along with their photographs and home addresses.

Trial Judge Patrick Morse ordered registration reluctantly, acknowledging it was "more likely than not" Barnaby only intended to chastise the girl. "I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Barnaby was not listed on the registry during his appeal, but following the recent ruling by the appellate court, he soon will be.

"This is the most stupid ruling the appellate court has rendered in years," Frederick Cohn, Barnaby's attorney, told the Chicago Sun-Times. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"

The appellate court agreed it was "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," however it sided with the state's attorney who argued it is "the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

"It is [Barnaby's] actions which have caused him to be stigmatized, not the courts," reads the decision.

Captain Insano · Post by **Captain Insano** » Fri Jul 08, 2005 11:07 pm

The *justice* system in this country is run by complete morons. I'm not surprised in the least by this ruling.

Post by **Lueyen** » Sat Jul 09, 2005 1:42 am

Only slightly overboard? I consider this way the hell overboard. I wonder what the girls, or her parents take on this is... not that it would neccecarily matter since the state may have been able to press charges regardless of thier opinion. Granted most parents initial reaction is not going to be good about a complete stranger grabbing thier children and lecturing them, however if they are all for this man now having to live with the stigma of a sex offender title then I have very little respect for them.

At most it sounds like the guy should be charged with simple assult, a misdemeanor. I think grouping someone with sex offenders for something like this hurts the whole program by diminishing the seriousness of being on the list in the public view. Something like this should be reserved for pedophiles and putting someone on it for a non sex related crime when this is an essentially black and white sort of list diminishes the lists effectiveness in warning people of the real dangers.

Yamori · Post by **Yamori** » Sat Jul 09, 2005 5:45 am

For real.... it's clearly assault and should be treated as such.

Wrath Child · Post by **Wrath Child** » Sat Jul 09, 2005 6:53 am

Assault? Was her armed bruised or scratched? A disorderly conduct ticket at worst assuming he doesn't have a violent record.

Years ago, I grabbed a 5 year old kid who was throwing rocks at passing cars. I didn't grab him by the arm, I completely picked him up. After a minute or two of asking around, I found out where he lived. Which turned out to be with his aunt. His aunt thanked me and properly scolded him for throwing rocks.

More recently I snatched a toddler who was running down the middle of a street in a rather busy part of the east side here. He was wearing only a diaper. I drove around the immediate area looking for anyone who appeared to be looking for him. No luck, so I called the cops.

Had I lived in Evanston, I'd be a registered sex offender twice over. But this is Illinois, land of the northern hick.

Post by **Lueyen** » Sat Jul 09, 2005 9:59 am

Was he scared after almost having hit her and his reaction that out of fear? Or was he gonna "teach the little shit a lesson"? I don't presume to know for sure thats why I said charged. Rescuing a strangers child from certain danger is far different from scolding a strangers child, to many parents think their child can do no wrong, and you really have to question is it really your place? At least here in Oregon the charge of simple assult can cover anything from slight physical contact of poking someone in the chest to even no physical contact of throwing a glass of water on someone. I did make the assumption that if she had been hurt or bruised the article would have said so, so it looks to me like a charge of simple assult, and his guilt or innocense of such a charge would be for the courts to decide.

So anyway Wrath in the situations you sighted you were talking about a 5 year old and a toddler, not a 14 year old, I see the situation in both those cases as very different since your intent seemes very obvious, you were removing the children from a dangerous situation, not attempting to scold them after the danger was removed.

kaharthemad · Post by **kaharthemad** » Sat Jul 09, 2005 10:39 am

Wrath Child wrote:Years ago, I grabbed a 5 year old kid who was throwing rocks at passing cars. I didn't grab him by the arm, I completely picked him up. After a minute or two of asking around, I found out where he lived. Which turned out to be with his aunt. His aunt thanked me and properly scolded him for throwing rocks.

More recently I snatched a toddler who was running down the middle of a street in a rather busy part of the east side here. He was wearing only a diaper. I drove around the immediate area looking for anyone who appeared to be looking for him. No luck, so I called the cops.

Man what a pervert...we all know you were molesting those kids...jeez.. /sarcasm off

Wrath I undestand fully where you are coming from. I have done similar things myself. Other day I picked a neighborhood girl up off the road because she fell off her bike, brought back to my porched and patched her knees up. Mainly cause her parents are complete morons and dont know what neosporin and bandaids are but still...Im now by IL laws a sex offender cause I was being a samaritan.

What would have happened had he hit the dumb bitch? What if he had to give mouth to mouth? Would he have been convcted of attempted rape?

kaharthemad · Post by **kaharthemad** » Sat Jul 09, 2005 10:40 am

Lueyen the problem lies that all the 5 year old had to do is complain to some dumbass parent that the big man picked her/him and scared him, and he could have been charged.

labbats · Post by **labbats** » Sun Jul 10, 2005 1:16 pm

Wrath Child wrote:Had I lived in Evanston, I'd be a registered sex offender twice over. But this is Illinois, land of the northern hick.

Evanston is in Illinois, dude.

xaoshaen · Post by **xaoshaen** » Mon Jul 11, 2005 10:51 am

Wrath Child wrote:Assault? Was her armed bruised or scratched? A disorderly conduct ticket at worst assuming he doesn't have a violent record.

Assault is not the same as Battery. You can be arraigned on assault charges for a purely verbal conflict in most states.

Post by **Gidan** » Mon Jul 11, 2005 10:58 am

Glad the jury thought it was ok to ruin a mans life over this.

Tuggan · Post by **Tuggan** » Mon Jul 11, 2005 11:11 am

Couple weeks ago I was on a delivery, and there were several children outside playing. Small kids treat the pizza guy like the Ice Cream truck, get all excited and ask for free shit, magnets, pizza, etc.. Anyway, im being a nice guy and chatting it up with these kids on my to and from the house I was delivering to. A mother of one of the children steps outside and sees me talking to a couple kids from inside my car (note: pizza sign ontop of my car), I start driving away as she comes out. She was yellin about what I assumed was for her kid to get out of the street, apparently she was yelling at me.

I get back to the store, and the woman had called accusing me of trying to lure her kids to my car with 'free pizza'. She even called the corporate store :ugh:

luckily for me she didnt have the sense to call the authorities that matter, probably end up on the list like this poor guy.

Phlegm · Post by **Phlegm** » Mon Jul 11, 2005 11:19 am

That's what you get for being nice. Next time just to tell all the kids to fuck off.

Ciladan · Post by **Ciladan** » Mon Jul 11, 2005 7:45 pm

Tuggan wrote:Couple weeks ago I was on a delivery, and there were several children outside playing. Small kids treat the pizza guy like the Ice Cream truck, get all excited and ask for free shit, magnets, pizza, etc.. Anyway, im being a nice guy and chatting it up with these kids on my to and from the house I was delivering to. A mother of one of the children steps outside and sees me talking to a couple kids from inside my car (note: pizza sign ontop of my car), I start driving away as she comes out. She was yellin about what I assumed was for her kid to get out of the street, apparently she was yelling at me.

I get back to the store, and the woman had called accusing me of trying to lure her kids to my car with 'free pizza'. She even called the corporate store luckily for me she didnt have the sense to call the authorities that matter, probably end up on the list like this poor guy.

did you lose your job?

Tuggan · Post by **Tuggan** » Mon Jul 11, 2005 8:10 pm

Nah, the owner of my store called the woman up and explained the situation to her. I guess she understood what was going on after that, cause I havent heard anything else about it.