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T worker won't press charges against racist lunkhead who smashed him in the head
By adamg on Fri, 04/16/2010 - 8:55pm
UPDATE: Police now want to find the guy.
The Herald reports on an April 1 incident at Copley station on the Green Line (video possibly NSFW due to language):
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Comments
Mighty kind, but still
Sorry, but in light of the evidence (video), the police should have no choice but to arrest the bastard and potentially even ratchet it up to a hate crime.
They don't need a complaining witness when the video evidence is as compelling as it is.
Assholes like that guy need to be brought in line or the rest of us will continue to hear about how Boston is a breeding ground for racial hatred.
Oh yea.
I'm going to say theres a 100% chance this guy gets arrested and charged with the hate crime (if the police can find him). Plus it sounds like he has an accent from another part of the country doesn't it?
what were they wrestling over?
Did the guy attack the T inspector right at the gate?
Good question
Maybe if the T PR person had returned my e-mail this morning, instead of ignoring me and talking to the Herald instead, I could have asked that (ooh, bitter much?).
The odd thing is the T worker seems to be trying to keep him in the station (as opposed to, say, keeping a fare evader out), so, yes, it would be interesting to know the context.
How much experience do you have prosecuting this type of case?
Kaz,
Needless to say, your comment is misinformed. Same as it ever was.
Your point?
If you're not going to explain yourself and instead just say "nuh-uh...you're always wrong", then why bother?
MGL ch.265 sec.39 - The Hate Crime law of MA
Let me know, when you're done reading it, what part of it says that the victim has to be involved. Thanks.
This is also an issue that Martha Coakley has championed in the past and even produced literature for victims, because the State can actually get involved *civilly* and not just criminally on MCRA cases. On top of the video, I'm willing to bet that others seen in the video (including at least 2 other MBTA employees) would testify against the guy at a trial.
PS - Screw you.
Personal Attack Troll
Notice that he didn't question Pete Nice's reply that simply confirmed your comment.
Kaz you are 100% right.
But they might use use the civil rights charge (MGL Ch.265 s. 37) because I think the penalty is a little steeper, and "bodily injury" is not as strictly defined as it is in the Hate Crime statute.
As a rule, it's difficult to
As a rule, it's difficult to prosecute a case without a victim's testimony, but it's certainly not impossible. It's done in every homicide trial, for example.
Also, speaking to arrest
It's state policy for domestic assault, as an example, to (paraphrase) "arrest first, deal with victim cooperation second" as the "preferred" action assuming probable cause:
I bow down to Jake Wark
See? I knew Jake Wark would come and set everyone straight!
(BTW, this is anecdotal since I can't comment on identifying details, but someone I know was badly assaulted in a domestic incident, went to the hospital for treatment and was more or less honest about what happened, hospital called cops, perp was arrested, victim dropped the charges, and now the state is prosecuting it based on the hospital report and whatever else since victim doesn't want to be involved.)
Oh, you're too kind,
Oh, you're too kind, especially since I was like third in line on this one. Also, I don't want to give the wrong impression -- it's one thing to move forward without a victim when you have video that corroborates a police report, medical records, independent witnesses, and whatever else. It's quite another without that corroboration.
The sheriff is near
He's simply trying to tell the T employee how far away the sheriff is...right? No harm in that.
Where are the fellow citizens?
What amazes me is that no one stuck up for the T employee. This butt head was totally in the wrong. People should have stepped up and helped the T worker. Hope this dude gets charged despite the T worker not pursuing charges.
Frankly,
it's not that amazing...this kind of inexcusable behaviour of people not sticking up for someone who's under attack is all too frequent. No lessons were learned from the Kitty Genovese case. That jerk who attacked the MBTA worker belongs in the prison ward of a psychiatric hospital. I also think that the guy who was being attacked really should've pressed charges against his assailant, even if the assailant wasn't all there.
Kind of a sucker punch though.
I mean, what could you really do to the old man? Attack him after he punched the T worker? Give the T worker some credit for standing up to this wackjob, but if you are going to stand up to wackjobs, prepare for some violence.