Florida kids laughed and joked while disabled man drowned and they wont be punished
Source: Raw Story
Sarah K. Burris SARAH K. BURRIS
20 JUL 2017 AT 20:41 ET
A disturbing video has surfaced of teens in Florida laughing at a disabled man drowning in a retention pond.
The five teens can be heard mocking Jamel Dunn, 32, as he screams begging for help. The ages 14 to 16-year-olds watch him struggle and ultimately fall under the water. When Dunn doesnt resurface the teens continue to joke about him, The New York Daily News reported via Florida Today.
Oh, he just died one can be heard saying on the video. The group then laughs.
. . .
He started to struggle and scream for help and they just laughed, said Yvonne Martinez, Cocoa Police Department spokesperson. They didnt call the police. They just laughed the whole time. He was just screaming
for someone to help him.
Read more: http://www.rawstory.com/2017/07/florida-kids-laughed-and-joked-while-disabled-man-drowned-and-they-wont-be-punished/
Bradical79
(4,490 posts)no_hypocrisy
(46,061 posts)I can imagine them doing the same thing . . . . .
For many kids, empathy is what they're owed by all, not even something that they feel they should give for those they know and like, much less others that they don't know or like.
Some are decent.
Some frustrate the hell out of me. All rights, no obligations.
Solly Mack
(90,762 posts)Control-Z
(15,682 posts)DK504
(3,847 posts)devices could be their babysitters rather than actually raising their own children. What is going on with parents of the 90's and 2000's? What the hell happened to them that they are such horrific parents? If you don't have time for children....don't have them.
These little punks needs to be thrown in jail for something, anything. They weren't charged because the DA decided not to, not because they didn't commit a crime.
Control-Z
(15,682 posts)Not one of them would leave someone in that situation without getting in to help, let alone laugh and let them die.
Their friends were (and still are) the same. There are some really crappy kids out there, true. But I would guess most kids with a phone don't behave that way.
Igel
(35,293 posts)The first guy to show anything but machismo loses. Many kids that are reasonable human beings (for teens) go full-bore sociopath when in groups because then they're playing to the worst of public culture. Gotta be cool, gotta be a man.
People act like frat boys are somehow unique.
Groups of girls are no different.
FreeStateDemocrat
(2,654 posts)Investigators went to the homes of the teens to interview them.
There was no remorse, only a smirk, Martinez said of the interviews. They didnt seem to have any grief
Very anti-social behavior, the kind that you find most typically among harden criminals!
http://www.rawstory.com/2017/07/florida-kids-laughed-and-joked-while-disabled-man-drowned-and-they-wont-be-punished/
exboyfil
(17,862 posts)At least that was how it was explained by my Business Law instructor.
That being said - why doesn't this get the same attention as Kitty Genovese. Someone needs to do a feature film on this travesty. Include naming the miscreants.
WinkyDink
(51,311 posts)Mosby
(16,297 posts)Floridas Good Samaritan law does not require rendering aid.
So your "business law instructor" was a fucking idiot.
They are not releasing names because they were all juveniles.
exboyfil
(17,862 posts)at the time so I would not call him an idiot. Good Samaritan relieves the Samaritan of civil responsibility if something goes wrong. I don't know what laws put an affirmative duty on an individual. Such a duty probably only extends to calling 911 if it does exist. You cannot compel someone to attempt to save another person especially not in the case of drowning where your own person is at risk.
The example he cited in class was someone drowning. You have no duty to intervene unless you start to intervene, then you possibility could be subjected to a lawsuit (claim being another person relied on your attempt to avoid taking action themselves). Still not a criminal matter though.
He is a former state senator, a democrat, and I took his class when I was more conservative. I enjoyed his class more than almost everyone of my MBA classes. He later was involved in the initial adoption of the Iowa Communications Network. He knew the internet was going to become increasingly important, and he wanted to ensure that Iowa educational and other institutions were connected.
Mosby
(16,297 posts)In the United States, as of 2009 ten states had laws on the books requiring that people at least notify law enforcement of and/or seek aid for strangers in peril under certain conditions: California,[10][11] Florida,[10][12][13] Hawaii,[10][14] Massachusetts,[10][15] Minnesota,[10][16] Ohio,[10][17] Rhode Island,[10][18] Vermont,[10][19] Washington,[10][20][21] and Wisconsin.[10][22] These laws are also referred to as Good Samaritan laws, despite their difference from laws of the same name that protect individuals who try to help another person.[1] These laws are rarely applied, and are generally ignored by citizens and lawmakers.[1]
Maybe they repealed the law.
https://en.m.wikipedia.org/wiki/Duty_to_rescue
onenote
(42,675 posts)Specifically:
Under Florida Code 316.062, the driver of a car involved in an accident is obligated to "render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person."
Also, under Florida Code 794.027, a person who observes the commission of the crime of sexual battery is guilty of a misdemeanor if, under certain circumstances, they fail to immediately to report the matter to law enforcement.
That's all. Obviously not applicable to situation that occurred.
LeftishBrit
(41,205 posts)Groups of unsupervised or wrongly supervised teenagers sometimes degenerate into extreme brutality. It's the theme of 'Lord of the Flies', written decades ago. The early 19th century public schoolboys described in 'Tom Brown's Schooldays' included vicious bullies, who mostly escaped punishment.
Old Vet
(2,001 posts)Iam a retired military firefighter, I spent many years as a first responder with a helicopter med-unit both military and civilian. Only more problems would of happened if these kids would of jumped in to help for sure. I have seen it so many times, Usually brothers die or good friends die trying to do the right thing to save a loved one or friend.
Pacifist Patriot
(24,653 posts)it is to attempt to rescue a drowning person without proper training. Particularly if there is a significant mass differential between the victim and the rescuer in the victim's favor.
Old Vet
(2,001 posts)Look at the distance between the victim and these kids, Even the most trained rescuer wouldn't of had a chance of getting to him. He was down 15 seconds after calling for help, Would of took that long for someone to process he needed help and to figure a way to help.
Anyone who has had swimming instruction could have saved this man.
If you ever were trained you would know this.
Old Vet
(2,001 posts)IMHO I just don't think these kids could of got even close to him in time, Not even mentioning how difficult it is to snatch a person in such stress and bringing a fully clothed person to shore. In the video it sure looks like a hell of a run and swim to reach him, If you think you were physically able to save this man you must be a heck of a athlete. because it would of took one.
Mosby
(16,297 posts)I suspect the kids probably couldn't swim, but they still should have called 911.
I agree with you to the extent that a rescuer would have to know what he/she was doing, many non-swimmers drown because they panic. If this guy couldn't swim the biggest problem would be getting him to calm down.
xor
(1,204 posts)Would have been something I could have done if I was in the situation, and I don't think I could have. I'm not a trained rescuer or anything. He was far away and I heard about the risks of trying to save a panicked drowning person without training and equipment.
Still, that doesn't explain or justify their callousness.
bettyellen
(47,209 posts)That grew up with swimming pools and it can make a huge difference. I took classes as an adult and tried swimming laps. I was just never much good.
obamanut2012
(26,063 posts)It's why lifeguards only ever touch someone drowning if they have to -- ie use boats, floats, etc as much as possible. Drowning folks are very dangerous, even to trained rescuers.
Mosby
(16,297 posts)Would you have tried to save him?
Old Vet
(2,001 posts)But the dangerous part would be avoiding the death grip, Drowning people have grasped on to people trying to help and brought down themselves. And YES, It was more then fucked up the kids were laughing. They should of called 911 but it really would not of mattered. Even if he was a bad guy, What a horrible way to go.
Half of lifeguard training is learning how to not get killed by drowning people. Take your average person who has had basic "swimming instruction" and send them to save a drowning person, and you will likely have two dead people... once panic sets in, sinkers will CLIMB you and hold you under if it means gasping another breath. Lifeguards are taught various methods of breaking holds, of escaping the sinker (swim down!), and methods of approach and retrieval that maximize their safety as they attempt to save the drowning victim.
Of course, these shitheaps should have called 911... there is always a chance in that first hour, but it would be long odds that this person survived. Regardless, the callousness of these kids is disgusting.
melman
(7,681 posts)Which they didn't do. So...still scumbags.
BarbaraFritche
(20 posts)But there is no moral excuse to laugh at a dying person.
That is the tragedy: for it demeans any decent civilization, to laugh at a drowning person.
We all can recite the demise of persons who did indeed risk and lose their own lives to save others. To the credit of their sacrifice.
No one holds these witnesses to account for not having risked their own lives in a perhaps futile endeavor -- though there are many among of who would have done so, perhaps foolishly. All we would ask of them is to call 911, and to not laugh during the death throes of another human being. That is not to much to ask.
bullwinkle428
(20,629 posts)The appalling lack of empathy today is utterly pervasive.
smirkymonkey
(63,221 posts)I can understand how someone might not want to risk their own life trying to save a struggling drowning victim, but I will NEVER understand the cruelty and lack of empathy that these little shithead punks showed toward this poor man. It makes me physically ill.
Personally, I think they should be punished, even though no law was actually broken. Their behavior was sociopathic.
a kennedy
(29,642 posts)What the hell has happened to the humanity in us.
CatMor
(6,212 posts)Those kids have ice water running through their veins. They even thought it was funny. What is happening in this country?
jazzcat23
(176 posts)has been going on for decades! This is what we get. And the worst part is, they will be leading this country one day. Thankfully I will be long dead by then!
vkkv
(3,384 posts)miyazaki
(2,239 posts)I almost can't think of any kids in my youth who would allow this to happen.
ManiacJoe
(10,136 posts)Morally, that is the result of some really bad parenting.
Mosby
(16,297 posts)Most state do per the good Samaritan law.
metalbot
(1,058 posts)Do you have an example of a state law from any state that would have saved that guy?
Because even had they called 911 right away, and had looked in on shock instead of laughing, the guy would be just as dead right now.
riversedge
(70,182 posts)I have no words.
Judi Lynn
(160,515 posts)WinkyDink
(51,311 posts)mr_lebowski
(33,643 posts)suffragette
(12,232 posts)bluestarone
(16,894 posts)somewhere along the line America has lost it
Doreen
(11,686 posts)our future voters.
denvine
(799 posts)that elected a man who make fun of the disabled. He is now the role model for kids. Hopefully this is not the new normal. Sad!
Liberty Belle
(9,533 posts)They would win hands down. Make those sick creeps and their families pay for the lost income and earning power of the person who drowned for the rest of their miserable lives.
exboyfil
(17,862 posts)As bad as that sounds.
WinkyDink
(51,311 posts)MosheFeingold
(3,051 posts)Unless you were somehow at fault for causing the situation.
I think there might be exceptions for children in distress, but I am sure it varies by state.
On a human (not legal) level, I concur this is disgusting.
More_Cowbell
(2,190 posts)In the absence of a "Good Samaritan" law (and I don't know if FL has one or not) most people don't have a duty to endanger themselves to save someone else. It's different if they're lifeguards, first responders (who do have a duty) or if they put the man in harm's way.
It's a terrible thing. I can't imagine hearing people laugh while I died.
WinkyDink
(51,311 posts)saying the onlookers aren't sick puppies.
But what they are not legally are criminals.
LeftishBrit
(41,205 posts)They had phones!
jberryhill
(62,444 posts)There is no affirmative duty to help strangers to whom one has no obligation.
In fact, if you help someone in trouble, you can be liable for negligence or malpractice if you do not help them appropriately.
For example, you find someone who has been hit by a car and is lying in the street. Thinking it is a good idea, you "help" them by moving them out of the street. In the process of doing that, you cause a further injury to their spinal cord, thus paralyzing them.
You can be sued in that situation for the injury you caused while you were helping them.
"Good Samaritan Laws" are various sorts of laws which provide a partial defense to those sorts of liability claims, typically for medical professionals. You might be, say, a dental hygenist at the scene of an accident and decide to render aid to an injured person. While, sure, you are no doctor or EMT, but you might have more relevant first aid knowledge than anyone else on the scene. However, if you start to render aid, you might also be held to a higher standard of medical malpractice, instead of the standard of ordinary negligence that might be applied to anyone else.
So, what the "Good Samaritan Law" in that instance does is this: If you are a medical professional who is out and about, and you render aid to an accident victim, then you will not be held liable for medical malpractice, but for ordinary negligence.
There is no law which requires you to do squat for anyone to whom you do not have some other sort of independent obligation. If someone is drowning at the pool, the lifeguard's job is to go get them, not yours.
Mosby
(16,297 posts)Its called a duty to rescue and its part of the good Samaritan laws.
In the United States, as of 2009 ten states had laws on the books requiring that people at least notify law enforcement of and/or seek aid for strangers in peril under certain conditions: California,[10][11] Florida,[10][12][13] Hawaii,[10][14] Massachusetts,[10][15] Minnesota,[10][16] Ohio,[10][17] Rhode Island,[10][18] Vermont,[10][19] Washington,[10][20][21] and Wisconsin.[10][22] These laws are also referred to as Good Samaritan laws, despite their difference from laws of the same name that protect individuals who try to help another person.[1] These laws are rarely applied, and are generally ignored by citizens and lawmakers.[1]
Where a duty to rescue arises, the rescuer must generally act with reasonable care, and can be held liable for injuries caused by a reckless rescue attempt. However, many states have limited or removed liability from rescuers in such circumstances, particularly where the rescuer is an emergency worker. Furthermore, the rescuers need not endanger themselves in conducting the rescue.
https://en.m.wikipedia.org/wiki/Duty_to_rescue
jberryhill
(62,444 posts)"under certain conditions" ... "also referred to as Good Samaritan laws, despite their difference from laws of the same name that protect individuals who try to help another person"
In other words, the "duty" to call for help is qualified by the various conditions stated in those laws, and this handful of laws in a few states are different from what is usually called a "Good Samaritan Law".
In general, a "Good Samaritan Law" is a defense to malpractice liability by those who aid others. Also, in general, there is no duty to aid others in distress (except "under certain conditions" .
jberryhill
(62,444 posts)The article you quote includes:
Washington Rev. Code Ann. § 9.69.100(1)
Let's have a look at this one:
----------
https://app.leg.wa.gov/rcw/default.aspx?cite=9.69.100
RCW 9.69.100
Duty of witness of offense against child or any violent offensePenalty.
(1) A person who witnesses the actual commission of:
(a) A violent offense as defined in RCW 9.94A.030 or preparations for the commission of such an offense;
(b) A sexual offense against a child or an attempt to commit such a sexual offense; or
(c) An assault of a child that appears reasonably likely to cause substantial bodily harm to the child,
shall as soon as reasonably possible notify the prosecuting attorney, law enforcement, medical assistance, or other public officials.
(2) This section shall not be construed to affect privileged relationships as provided by law.
(3) The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.
(4) Failure to report as required by subsection (1) of this section is a gross misdemeanor. However, a person is not required to report under this section where that person has a reasonable belief that making such a report would place that person or another family or household member in danger of immediate physical harm.
-------------
The Washington law imposes a duty, subject to a misdemeanor, if you see someone beating up or raping a child.
That is thoroughly not relevant to the situation here.
Please identify one state law which requires anyone to do squat if they witness a drowning.
jberryhill
(62,444 posts)Here's the referenced law in California:
http://codes.findlaw.com/ca/penal-code/pen-sect-152-3.html
a) Any person who reasonably believes that he or she has observed the commission of any of the following offenses where the victim is a child under 14 years of age shall notify a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2:
(1) Murder.
(2) Rape.
(3) A violation of paragraph (1) of subdivision (b) of Section 288 of the Penal Code.
(b) This section shall not be construed to affect privileged relationships as provided by law.
(c) The duty to notify a peace officer imposed pursuant to subdivision (a) is satisfied if the notification or an attempt to provide notice is made by telephone or any other means.
(d) Failure to notify as required pursuant to subdivision (a) is a misdemeanor and is punishable by a fine of not more than one thousand five hundred dollars ($1,500), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
jberryhill
(62,444 posts)Let's have a look at what you are calling a "Good Samaritan Law" in Florida, per the Wikipedia entry:
Florida Stat. Ann. ch. 794.027
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.027.html
794.027 Duty to report sexual battery; penalties.A person who observes the commission of the crime of sexual battery and who:
(1) Has reasonable grounds to believe that he or she has observed the commission of a sexual battery;
(2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;
(3) Fails to seek such assistance;
(4) Would not be exposed to any threat of physical violence for seeking such assistance;
(5) Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and
(6) Is not the victim of such sexual battery
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
---------
I missed the part of the article where someone was the victim of a sexual battery. Would you care to point that out?
Mosby
(16,297 posts)jberryhill
(62,444 posts)What is legal and what is morally correct are not the same thing.
Getting into the area of criminalizing acts of omission can get sticky real fast.
Mosby
(16,297 posts)Mosby
(16,297 posts)jberryhill
(62,444 posts)None of the state laws referenced in that post impose a general duty to call anyone if you see someone drowning.
Mosby
(16,297 posts)jberryhill
(62,444 posts)You're upset because they did not call the medical examiner after he was dead? Really?
I find their behavior prior to that point much more disturbing.
Response to jberryhill (Reply #105)
Mosby This message was self-deleted by its author.
Catmusicfan
(816 posts)Lokilooney
(322 posts)BigmanPigman
(51,582 posts)A future filled with tRump lovers and climate/science deniers is something I do not want to willingly subject anyone to. About 20 years after I made that decision I became a teacher (I needed to change careers) and my choice has proven to be the correct one over and over and over.
WinkyDink
(51,311 posts)that would kill multitudes, while men look on and laugh.
Lazy Daisy
(928 posts)without knowing a thing except what's on the video.
Today's children are under attack 24/7 but are still expected to be "just like us" as they grow.
Parents today have to work 2 - 3 jobs, leaving kids on their own to navigate this world, hoping for the best outcome.
And it's been that way for few generations, maybe more depending on the economic status of the family background. Each generation losing the ability to learn proper parenting.
The violence today's children are subjected to daily is also a problem. I'm not talking about Hollywood, I'm talking about the nightly news. And don't call the police, that may not turn out so well for you. 30 years ago when my child was in pre-school and DARE was being taught, she was told to not respect me, called me a drug addict because I smoked cigarettes. 30 years ago. Things have not gotten better.
These children are a product of very bad policy, bad social construct, bad laws. With everything we (as a country) have done in my lifetime I'm surprised they weren't throwing rocks at him. We (as a country) have failed them. They deserve better than a quick "OMG they need to go to jail"
geek tragedy
(68,868 posts)monsters did.
They are not the product of bad policies etc. They're just bad people, some of the worst.
Only a matter of time before they wind up breaking the law and meeting justice.
EllieBC
(3,010 posts)I was a latchkey kid. My parents working didn't make me feel like they failed me or cause me to become a budding psychopath.
I'm tired of excuses being made for bad behaviour.
LeftishBrit
(41,205 posts)I find it hard to believe that young people can be prosecuted for totally trivial offences, yet not for something like this. Yes, one could argue that they could not be legally required to potentially risk their own lives in an attempt to rescue him; BUT how could they not ring police/ emergency services??? Surely that should be an obvious requirement.
EL34x4
(2,003 posts)It appears that Mr. Dunn wasn't a very nice guy.
I wonder what his disability was?
7962
(11,841 posts)his thought process was obviously disabled looking at his tattoo choices
LanternWaste
(37,748 posts)I can understand how tattoos may be a litmus test to save a life. I may find it absurd and an illustration of a dramatic lack of character, but I certainly understand it...
Eliot Rosewater
(31,109 posts)Tattoos are a sign of mental illness?
Doug the Dem
(1,297 posts)Bullshit! At the very least, they could have called 911.
EL34x4
(2,003 posts)Maybe they thought the neighborhood would be better without him? I don't know.
What is well known is that Mr. Dunn was s frequent guest of Florida Department of Corrections for several repeated not very nice offenses.
So, sure, they could have dialed 911. They could have tried to save his life. They knew Mr. Dunn. They chose to do none of these things.
IronLionZion
(45,409 posts)it sounds like he had been arguing with his family and fiance, and then argued with the kids before he voluntarily went for a swim.
I would reserve judgment on these kids since I don't know the whole story and background.
dalton99a
(81,426 posts)obamanut2012
(26,063 posts)Doug the Dem
(1,297 posts)Leading the nation in depravity. But, unlike Vegas, what happens in Florida won't stay in Florida. Not for very long. Disgusting little bastards.
onenote
(42,675 posts)Sure, these kids laughing and filming the drowning makes it particularly horrific. But in the end, it's not that much different than people simply walking by a person in life-threatening distress.
http://nypost.com/2010/04/24/stabbed-hero-dies-as-more-than-20-people-stroll-past-him/
Bengus81
(6,931 posts)Shell_Seas
(3,330 posts)Blame humanity. We're on a sharp decline. Trump and all that surround him prove it.
Y'all do what you will. I'm building an arc.
RKP5637
(67,101 posts)what we are (many) and headed.
Bradical79
(4,490 posts)Trump is nothing new or unique in history. The timing is extremely unfortunate considering the enviromental degradation, but the problem is that not enough of us have changed rather than humanity has.
geek tragedy
(68,868 posts)and these are terrible people
Bradical79
(4,490 posts)This isn't some new thing indicitave of humanity's decline. It's been par for the course since the beginning that there will be a lot of people like this out there. We just get to watch them on video now.
Eliot Rosewater
(31,109 posts)of kids are the problem?
Boy, no wonder we are so fucked up.
This is my way of supporting what you said and what RKP said.
Turbineguy
(37,312 posts)The republican party.
Eliot Rosewater
(31,109 posts)non christians too.
Watchfoxheadexplodes
(3,496 posts)Boggles my mind how clueless some are.
geek tragedy
(68,868 posts)though at some point no doubt these creatures will run afoul of criminal statutes as well as violating the most basic norms of human decency
romanic
(2,841 posts)I get that it takes a lot or risk to save someone drowning, but to just stand around and laugh like it's a big joke. Even if the guy was a criminal, to just laugh as he sinks...very messed up. :I
obamanut2012
(26,063 posts)An, may have died attempting. So, no snark from me for that.
But, they should have called 911 for sure.
xor
(1,204 posts)I understand not putting their own lives at risk. I honestly don't think I would have unless it was a child or someone small who I knew would be less likely to overcome me. But the sick laughing is twisted
Jose Garcia
(2,592 posts)mahina
(17,637 posts)Flaleftist
(3,473 posts)From the article:
The statute they will use, Florida Statute 406.12, is typically reserved for medical examiners when it comes to reported deaths. It reads: "It is the duty of any person in the district where a death occurs, who becomes aware of the death of any person occurring... must report such death and circumstances to the district medical examiner."
The charge is a misdemeanor.
"It will be kind of a test case," Cantaloupe said. "... As far as we know, the statute has never been used in this way."
http://m.mynews13.com/content/mobile/news/cfnews13/news/article.touch.html/content/news/articles/cfn/2017/7/21/video_teens_filmed_m.html