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cal04 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:17 PM
Original message
Kentucky Stomper Charged With Fourth-Degree Assault
Source: TPM

The Rand Paul supporter who was caught on camera stepping on the head of a MoveOn activist has been charged with fourth-degree assault, the Lexington Herald-Leader reports.

Timothy Mark Profitt, 53, is charged with misdemeanor fourth-degree assault after he stomped on Lauren Valle's head and neck. Profitt "intentionally placed his foot on the shoulder/head region on the victim," a criminal summons says. The newspaper reported that court records say Profitt will be arraigned Nov. 18. Such a charge carries a maximum penalty of 12 months in jail, a $500 fine, or a combination of both, the newspaper reported.

Earlier, Profitt went so far as to ask her for an apology. "I don't think it's that big of a deal," Profitt said. "I would like for her to apologize to me to be honest with you."

Valle said that no apology is coming. "I believe that you should be held accountable for your actions but I also recognize the incredibly negative impact that the consequences must be having on your life, and I wish you all the best as you yourself heal from this," she wrote. "Violence hurts everyone.

Read more: http://tpmdc.talkingpointsmemo.com/2010/10/kentucky-stomper-charged-with-fourth-degree-assault.php



http://www.kentucky.com/2010/10/29/1501165/former-rand-paul-volunteer-scheduled.html
Former Rand Paul volunteer scheduled to appear in court Nov. 18
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Faygo Kid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:20 PM
Response to Original message
1. Max the bastard. I'm tired of playing nice with thugs.
The violence is just starting. They had better be sobered by the numbers on the Mall today.

People of good will still outnumber the Birchers/Beckbots/Dittoheads at least five, maybe 10 to 1.

Plus, we're younger (not me, though).
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livetohike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:23 PM
Response to Original message
2. Fourth degree assault! That's it??
This is ridiculous.
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sofa king Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 10:27 AM
Response to Reply #2
67. I think that's what you get charged with when you open a bag of chips from the bottom.
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 01:23 PM
Response to Reply #2
69. actually, its the right charge
508.030 Assault in the fourth degree.
(1) A person is guilty of assault in the fourth degree when:
(a) He intentionally or wantonly causes physical injury to another person; or
(b) With recklessness he causes physical injury to another person by means of a
deadly weapon or a dangerous instrument.
(2) Assault in the fourth degree is a Class A misdemeanor.
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shawn703 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 02:50 PM
Response to Reply #69
76. Out of curiosity
What is the text for third degree?
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LoZoccolo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 05:24 PM
Response to Reply #76
86. I found first-third.
First Degree: A person is guilty of assault in the first degree when (a) he intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (b) under circumstances manifesting in extreme indifference to the value of human life, he wantonly engages in conduct which causes a grave risk of death to another and thereby causes serious physical injury to another person. Assault in the first degree is a Class B felony.

Second Degree: A person is guilty of assault in the second degree when (a) he intentionally causes serious physical injury to another person; or (b) he intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) he wantonly causes serious injury to another person by mean of a deadly weapon or a dangerous instrument. Assault in the second degree is a Class C felony.

Third Degree: A person is guilty of assault in the third degree when the actor (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to: 1. A state, county, city or federal peace officer; 2. An employee of a detention facility, or state residential treatment facility or state secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender; 3. An employee of the Department of Social Services employed as a social worker to provide direct client services, if the event occurs while the worker is performing job related duties; or 4. A probation and parole officer; or (b) Being a person confined in a detention facility, or state residential treatment facility or state secure facility for residential treatment which provides for the care, treatment or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender, inflicts physical injury upon or throws or causes feces or urine to be thrown upon an employee of the facility. Assault in the third degree is a Class D felony.

source: http://www.louisvilleprosecutor.com/definitions.htm


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shawn703 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-01-10 07:40 AM
Response to Reply #86
98. It sounds like second degree would apply
Unless concussion isn't considered a serious physical injury? Or is it possible that misdemeanor trials are bench trials in that jurisdiction? I think it might be hard to find a jury that would convict him. You get one teabagger on the jury and he walks.
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txlibdem Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 04:45 PM
Response to Reply #69
84. Seriously! If I was that DA I'd have gone for attempted murder and hate crime
What this DA a teapublican by any chance???
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 07:29 PM
Response to Reply #84
92. actually, if you were a DA in KY, you wouldn't
Because its not attempted murder under KY law, and under KY law, to prove a hate crime, you have to prove that the perpetrator committed the crime (in this case assault) "intentionally because of
race, color, religion, sexual orientation, or national origin of another individual or group of individuals." THere is no evidence on which it could be proven that the thug that committed the assault cared one whit about his victims' race, color religion, sexual orientation or national origin." Plus, the hate crime law in KY is toothless. It doesn't make the penalty more severe. Rather, its principally used in determining eligibility for parole or probation.
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RUMMYisFROSTED Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:24 PM
Response to Original message
3. I did not know there was a 4th degree of assault.
Is there a 6th degree of spitting on the sidewalk?
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icnorth Donating Member (954 posts) Send PM | Profile | Ignore Sat Oct-30-10 05:47 PM
Response to Reply #3
19. Now that we have a benchmark for
4th. degree assault perhaps the court would consider an alternative sentence: Have this asshole pinned by three individuals of her choosing and giving her one drop kick right where he lives. This would of course have to be a court sanctioned remedy.
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-01-10 08:23 AM
Response to Reply #3
99. There are 50 states

And they all define and grade offenses differently.
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mopinko Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:25 PM
Response to Original message
4. 4th degree assault, aka
giving the bitch what she had coming to her? is that the paul-speak? that's how it strikes me. sorry for the bad word.
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Sonoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:27 PM
Response to Original message
5. Now, if she had been an undercover policewoman.... nt
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MH1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 08:48 PM
Response to Reply #5
41. bingo.
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liberalmuse Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:27 PM
Response to Original message
6. My generation stomping on the younger generation...
how symbolic. That girl has more wisdom than this man will ever have. I'm so ashamed. My god, this man was birthed 8 years before me and he is so fucking clueless as to how to behave. He is setting a bad example for our kids, but luckily, our kids are much better than us.
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Skittles Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 06:54 PM
Response to Reply #6
33. that bastard doesn't represent our generation any more than teabaggers represent America
no INDEED
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Le Taz Hot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 07:46 AM
Response to Reply #6
60. Excuse me, but that is NOT
my generation. It was one person. One.
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 01:25 PM
Response to Reply #60
71. delete wrong place
Edited on Sun Oct-31-10 01:28 PM by onenote
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Uben Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:28 PM
Response to Original message
7. That's the criminal charge.....
...I hope she files a civil suit to recover damages and pain and suffering....say a couple of million dollars. MAybe that will make that bastard Profitt homeless, so he can see what the other side of America looks like.
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Brigid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 07:13 PM
Response to Reply #7
35. I hope she sues him blind.
Edited on Sat Oct-30-10 07:14 PM by Brigid
He ahould be spending the rest of his life living in a cardboard box under a bridge somewhere because lf this -- after he gets out of jail, that is.
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xxqqqzme Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 08:44 PM
Response to Reply #7
40. Then a loud chorus of 'tort reform'
will be heard throughout the land.
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COLGATE4 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 09:46 AM
Response to Reply #7
64. Yeah - and what does she get when she wins and tries to collect?
These assholes are generally judgment-proof. Go and try and attach his '68 pickup and hound dog. A civil judgment is probably as meaningless as the criminal charge.
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jimlup Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:28 PM
Response to Original message
8. I think it should have been a felony...
You know it would have been if it were the other way around...
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rasputin1952 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 09:59 PM
Response to Reply #8
43. In most states, to bring this up to a felony would have required
something heftier than a boot; say a bat or a pipe, but then we add battery...Lot's of time there.

She will most likely file a civil suit where the processes are more lenient. She had to suffer injuries in the scuffle and the fall, (not just Profitt's boot). She can draw up a suit involved by everyone involved, and that could teach these jugheads the seriousness of their actions. We shall see what comes of this, but if anything, a damn good portion of this nation saw thugs and pigs attacking a woman...and the Teabaggers dropped dramatically...;)
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Control-Z Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 03:17 AM
Response to Reply #43
52. I don't recall. Did these thugs
work for Paul, or were they just supporters? If they worked (or volunteered) for him, would she be able to sue Paul/the Paul campaign? Profitt doesn't look like a wealthy man. I doubt that winning a civil case against him would give her much more than a little satisfaction. She deserves a lot more, imo.
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rasputin1952 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 04:44 AM
Response to Reply #52
53. From the accounys I've herd, they were merely Paul supportrers
and had nothing to do w/security as far as Paul goes.
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Control-Z Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 07:03 PM
Response to Reply #53
91. That's unfortunate.
One of these days I would really like to see some serious justice take place with these baggers and conservatives.
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niyad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:30 PM
Response to Original message
9. of couse, because it wasn't like he meant to hurt her or anything.
this wasn't even a slap on the wrist, it's a kiss on the cheek.
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 07:30 PM
Response to Reply #9
93. Fourth degree assault requires intentional infliction of injury
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Grassy Knoll Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:30 PM
Response to Original message
10. Maybe someone in jail......
could help him with his bad back.
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Divine Discontent Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:33 PM
Response to Original message
11. and may he get that full year for stepping on her neck! how wicked...
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Cass Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:34 PM
Response to Original message
12. A misdemeanor fourth degree assault??? Come on.
He did it intentionally while she was laying there and she suffered a head injury as a result. WTF. I bet he only gets a lousy fine. What a bunch of bullshit.
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niyad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:42 PM
Response to Reply #12
17. how much you want to bet he won't even get a fine?
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Cass Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 06:07 AM
Response to Reply #17
58. Good point, and it wouldn't surprise me if that was the outcome. This is so screwed up.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 08:35 AM
Response to Reply #17
62. He'll have to come up with some dough for a defense attorney.
:) and if he doesn't I hope he gets slammed and put into one of those privateforprofit prisons spreading across the country.
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Captain Boomerang Donating Member (183 posts) Send PM | Profile | Ignore Sat Oct-30-10 05:34 PM
Response to Original message
13. Note to self;
If you happen to step and stomp on a Tea Bagger during any political event, you may be charged with a slap on the wrist charge.

This is all the news I need know.
Things are getting better!
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Oceansaway Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:36 PM
Response to Original message
14. Gloria Alred to the rescue, no doubt...nt
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Kurovski Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:37 PM
Response to Original message
15. Valle is a dignified and gentle woman.
it was obvious when seeing her interviewed. I'm a fan!
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ProudDad Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 01:24 PM
Response to Reply #15
70. Yep, that was my thought
a very classy lady...
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virgogal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:40 PM
Response to Original message
16. I must have vision problems. I think it says HE asked HER for an apology.
Tell me I am wrong.

Please.
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niyad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:42 PM
Response to Reply #16
18. sadly, there is nothing wrong with your vision, and that piece is NOT from the Onion
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thereismore Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:53 PM
Response to Original message
20. "placed his foot"???? He put hall his weight on it. He placed his fat body on her neck, not just the
foot! Fucking asshole.
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:54 PM
Response to Original message
21. You know and I know that the DA will jump all over that dumbass statement ...
... wanting an apology from the victim. Tends to show no remorse ~~ totally.

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activa8tr Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:55 PM
Response to Original message
22. Punishment for Fourth Degree Assault: put out both hands, let the judge
slap you once on each!

What a fucking farce! This is a HATE CRIME! Put the bastard in jail for the rest of his life!

Make sure he gets no health care he can't pay for himself, (according to Rand Paul principles), and no welfare, unemployment, workman's comp or free food provided by the state.

Just punishment!
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 11:30 PM
Response to Reply #22
48. Oh yeah, and make him pay $100 a day for his stay in Striped Hotel
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FailureToCommunicate Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:56 PM
Response to Original message
23. Middle aged Republican White guy gets misdemeanor charge? I'm shocked!
Shocked, I tell you!

If only she would press a civil suit, but she sounds too nice to do that.
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travelingtypist Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:56 PM
Response to Original message
24. Better than nothing I guess.
Hell, most RWers never get charged with any of their crimes.
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activa8tr Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 05:58 PM
Response to Original message
25. I think he was one step away from intentional murder. So this phony charge is..
about as low as one can go.

If he had killed this poor woman, I bet he would get off with an involuntary manslaughter charge in that state.

He was a man, and the woman had a wig on...so it was not intentional.... bottom line for these asshats.

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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 06:50 PM
Response to Reply #25
31. What a wholly-corrupt charge: what would be the charge were this the wife or daughter of
the seemingly corrupt official making the charge? :shrug: :patriot:
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freedom fighter jh Donating Member (490 posts) Send PM | Profile | Ignore Sat Oct-30-10 08:36 PM
Response to Reply #25
39. In the video, you could see him getting ready to stomp again.
But one of his buddies stopped him. "No, no, no, no, no, no."

If he hadn't been stopped, who knows, maybe he would have killed her.
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safeinOhio Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 06:03 PM
Response to Original message
26. Anyone know if that
will cause him his CCW? For life I hope.
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Bozita Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 06:12 PM
Response to Original message
27. "The whole world is watching" - KY justice system goes on trial on Nov. 18
Edited on Sat Oct-30-10 06:18 PM by Bozita
KY justice swings at the first pitch and misses badly.

Misdemeanor fourth-degree assault, my ass!
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CLANG Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 06:18 PM
Response to Original message
28. Such a light charge will just encourage these assholes
This is about as incomprehensible as most things that involve republicasses I've seen or heard in the last 10 years.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 06:20 PM
Response to Original message
29. Two words: civil suit. She should sue the crap out of him and everyone else there she can. n/t
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Octafish Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 10:22 AM
Response to Reply #29
66. Including the candidate, his organization and the GOP*.
Edited on Sun Oct-31-10 10:23 AM by Octafish
* Godless Oligarchs and Perverts.

Edit: Did I mention today's GOP is run by fascists?
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CBHagman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 06:20 PM
Response to Original message
30. Let's cut to the chase.
You don't stomp people, end of. Profitt or anyone else who tries to make this about something else needs to be called out. This does not require overthinking.

It's typical for bullies and narcissists to play the victim card (and the victim card, or resentment of any kind, is an old political trick). Not playing this time. Take it like an adult, Profitt, and go and sin no more.

Oh, and I hope the law makes you pay your debt to society.
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Jumping John Donating Member (597 posts) Send PM | Profile | Ignore Sat Oct-30-10 06:52 PM
Response to Original message
32. And here is the fitting Romper Stomper trailer I found
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Doctor_J Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 07:02 PM
Response to Original message
34. I knew it. This is why
I wish the victim had been armed. There is no way that a wing nut will receive decent punishment in a red state.
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Kolesar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 08:06 PM
Response to Reply #34
36. Carry a weapon to an appearance of a Senatorial candidate?
That is really bad idea. This isn't a movie plot.
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Doctor_J Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 09:18 PM
Response to Reply #36
42. People are now allowed to wave guns at Obama rallies
and a $500 fine isn't going to deter the upcoming stompings. What is a really bad idea is never fighting back. That's how we got to this point.
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Kolesar Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 05:21 AM
Response to Reply #42
56. One slip up and the police might just blast you into a lump of warm flesh
... and take your remains away in a zippered bag.
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Doctor_J Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 08:13 AM
Response to Reply #56
61. Or you could wait and get stomped into a lump of warm flesh
by a teabagger, without slipping up.
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jaysunb Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 08:06 PM
Response to Original message
37. The DOJ just might want to take a look at this
Edited on Sat Oct-30-10 08:07 PM by jaysunb
Big time civil rights violations, by several people.

I hope so.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 11:32 PM
Response to Reply #37
49. Don't forget hate crime
as well.

That is clearly a hate crime.

This guy and the rest of his thuggish friends needs to smell Bubba's stanky body odor for 25 years to life.

DoJ better get their asses in gear and ignore the right-wing froth and charge him appropriately and send him to Florence, Colorado for the rest of his life.

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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 08:07 PM
Response to Original message
38. 4th degree? Fucking SLAP ON THE WRIST!
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rasputin1952 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 10:04 PM
Response to Reply #38
44. It can actually go up as the investigation proceeds...
if some circumstances have arise that change things, bumping up a charge is not unheard of.

Willing to bet he asks the court for a an appointed atty as well...and if the ACLU and some other groups get involved...his 12 months and $500 fine will seem like ice cream compared to the Civil Suit that should be coming down the pike.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 11:35 PM
Response to Reply #44
50. The DA needs to amend the complaint immediately
and upgrade the charges to First Degree Attempted Murder, First Degree Assault, First Degree Battery, Hate Crime Enchancement (meaning he needs to sit on his ass for at least 25 years before they consider parole). Sentencing recommendation should be maximum with at least 40 years in prison before they consider parole. And restitution comes from Rand Paul himself for over $10 million, and the rest of his thuggish friends needs to start singing if they don't want to get a charge slapped on them at a later time.

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rasputin1952 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 05:03 AM
Response to Reply #50
55. I still haven't heard if the guy who wrestled her down was charged...
yet. There were other assaults as well, but none so obvious as Poffitt's or the guy who took her down.

Depending on State Law, she has generally up to 2 years to file a CS. If it shows in the future that physical damage was more extensive than initially believed, there are a few options.

This isn't like TV Court Room Drama though, looks pretty cut and dried. DA's going w/what he's got, taking this up a notch might actually get the guy off depending n the jury. Just my opinion, but this guy needs to do some jail time...a fine won't cut it.

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geckosfeet Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 10:27 PM
Response to Original message
45. Only because technically, he wasn't jay walking.
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AsahinaKimi Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 11:01 PM
Response to Original message
46. 12 months in jail, a $500 fine or both?
Edited on Sat Oct-30-10 11:01 PM by AsahinaKimi
Ridiculous!
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Quantess Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 11:35 PM
Response to Reply #46
51. That's the maximum. (no text)
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-30-10 11:27 PM
Response to Original message
47. 4TH DEGREE?!
Edited on Sat Oct-30-10 11:27 PM by Hawkeye-X
Fuck NO.

No wonder why I consider Kentucky so fucking back-ass-wards.

It should be declared as ATTEMPTED FIRST DEGREE MURDER.

I would expect the Feds to nail this guy for something that'll sentence him to life without parole (after all, this is a hate crime)
Hawkeye-X
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Scurrilous Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 04:55 AM
Response to Original message
54. K & R
:thumbsup:
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melm00se Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 05:34 AM
Response to Original message
57. if this is his 1st offense
he'll catch a fine and probation.

looking at the statutes, 4th degree is the correct charge:

(1) A person is guilty of assault in the third degree when the actor:
(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to:
.
.
.
(2) Assault in the third degree is a Class D felony

A person is guilty of assault in the second degreewhen:
(a) He intentionally causes serious physical injury to another person; or
(b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
(2) Assault in the second degree is a Class C felony.

(1) A person is guilty of assault in the first degree when:
(a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person.
(2) Assault in the first degree is a Class B felony


source: http://www.lrc.ky.gov/KRS/508-00/CHAPTER.HTM

anything higher requires a weapon and severe bodily injury.

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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 03:21 PM
Response to Reply #57
77. A foot is considered a deadly weapon
especially when she was stomped near her neck and the other dude was asking him to stop - that shows premediation and assault is not enough - he needs to be charged for first degree attempted murder, and sentenced to life without parole.

Hawkeye-X
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glitch Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 03:57 PM
Response to Reply #77
83. Especially on the neck. And aren't concussions considered serious injury?
Or do we have to have organ death? Fourth degree seems another foul stench emitted by our alleged justice system.

Probably triangulated to it.
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panzerfaust Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 06:22 AM
Response to Original message
59. Civil Suit
... by her against him would perhaps lead to more public civility.

My bet for the outcome of the 'criminal' case: guilty - with two year probation (during which stepping on people is not allowed) in lieu of any fine or jail-time.

My thought for what would be fair (based only on what I have read in the media) would be for him to either pay her say ten-thousand dollars restitution, or for him to go to jail for 6 months.

Actually, considering that he thinks she owes him an apology, I guess that both restitution and jail time would be most appropriate. I mean really, you assault someone and then think that they owe you ... !?

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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 03:23 PM
Response to Reply #59
78. 10 thousand? No. Proffitt needs to go penniless, and homeless
and out on the streets drinking ripple and muttering to himself while he lapses into insanity.
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fasttense Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 09:02 AM
Response to Original message
63. I nominate that woman for a medal.
I think one of Jon Stewart's, reasonable awards should go to this woman.

Talk about having a true Christian attitude.

"Valle said that no apology is coming. "I believe that you should be held accountable for your actions but I also recognize the incredibly negative impact that the consequences must be having on your life, and I wish you all the best as you yourself heal from this," she wrote. "Violence hurts everyone.""

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Mad_Dem_X Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 09:52 AM
Response to Original message
65. Throw the bastard in jail!
He wanted HER to apologize to HIM? "Sorry my head got in the way of your foot, Sir."

Fuck you, dude.
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backscatter712 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 12:32 PM
Response to Original message
68. What a joke! Fucking slap on the wrist.
Profitt should have been charged with felony aggravated assault - he could have KILLED Lauren Valle, or caused extreme injuries - brain damage, broken neck, damage to the spine resulting in chronic pain, etc. etc. etc.

Let's hope Valle's civil suit results in her taking Profitt's house.
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ProudDad Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 01:27 PM
Response to Original message
72. Full text of Lauren Valle's letter...
Mr. Profitt, You have asked that I apologize to you. Perhaps this is not the apology that you are looking for, but I do have some things to say.

I have been called a progressive, a liberal, a professional agitator. You have been called a conservative, a Republican, a member of the Tea Party movement. Fundamentally and most importantly, you and I are both human beings. We are also both American citizens. These two facts, to me, are far more meaningful than the multitude of labels that we carry. And if these two facts are true then it means we are on the same team.

I have not been for one moment angry with you and your actions. Instead I feel thoroughly devastated. It is evident that your physical assault on me is symptomatic of the crisis that this country is struggling through. And it seems that I will heal from my injuries long before this country can work through our separation. Only when we decide let go of our hate, our violence and our aggression will we be able to communicate to each other about the issues that divide us. Right now, we are not communicating, we are stomping on each other. No one can ever win, no one can ever be heard, with violence.

You and I, as fellow citizens, and we, as a country, have a choice. Either we choose to continue the cycle of inflicting violence upon each other, screaming at each other, insulting each other and putting one another down or we and find a way to sit down and start listening to each other. We'll see how far we get. We are all viciously and vociferously feeding a fire that will only burn us down together. We must reach inside ourselves and make space for each other. We must forgive each other. We must believe in our capacity for transformation. The moment we choose compassion and reconciliation is the moment that we will begin to move toward freedom. There is no other way.

I believe that you should be held accountable for your actions but I also recognize the incredibly negative impact that the consequences must be having on your life, and I wish you all the best as you yourself heal from this. Violence hurts everyone.
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mokawanis Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 01:34 PM
Response to Original message
73. Profitt's facebook page
He lists "curb stomping" as an activity he likes and has this to say on his profile - "I'm a misunderstood guy who really, really loves his country".

What an asshole.
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WorseBeforeBetter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 05:53 PM
Response to Reply #73
90. Do you have a screen shot of that? (n/t)
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mokawanis Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 07:57 PM
Response to Reply #90
96. No, sorry
I'm not much good with comps and only know how to do screen shots on Macs. If you're on Facebook you can go directly to his page and read it, he left open for public viewing.
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 01:34 PM
Response to Original message
74. Based on KY law, that appears to be the correct charge
I don't expect this to be a popular opinion, but I also don't think most of the posts in this thread reflect any knowledge of KY criminal law. This is the statutory provision for Fourth Degree assault:


:508.030 Assault in the fourth degree.
(1) A person is guilty of assault in the fourth degree when:
(a) He intentionally or wantonly causes physical injury to another person; or
(b) With recklessness he causes physical injury to another person by means of a
deadly weapon or a dangerous instrument.
(2) Assault in the fourth degree is a Class A misdemeanor.

Here is a link to the rest of the KY code (scroll down to Title L): http://www.lrc.state.ky.us/KRS/TITLES.HTM

I'm curious what those complaining think the charge should be, based not on emotion, but on the written law?

The guy is a creep and I'm glad he was charged, but this is the right charge based on the facts. Charging him with more would almost certainly result in an acquittal
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 03:25 PM
Response to Reply #74
79. I disagree.
He used a deadly weapon with premediation because the other GUY actually had to stop him from going too far.
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melm00se Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 05:08 PM
Response to Reply #79
85. 'fraid not
Kentucky defines a deadly weapon:

500.080 Definitions for Kentucky Penal Code.
As used in the Kentucky Penal Code, unless the context otherwise requires:

(4) "Deadly weapon" means any of the following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot, readily capable of producing death or other
serious physical injury, may be discharged;
(c) Any knife other than an ordinary pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal, plastic, or other similar hard material;

as to premeditation:

did he go to the event with intent to injure someone? if so, can you prove it beyond a reasonable doubt?

based upon a reading of the applicable statute, any charge and subsequent conviction based upon your interpretation would be bounced upon appeal if not blown out of the water at trial.

justice is blind and should be driven by facts and evidence, not emotion.
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 05:35 PM
Response to Reply #85
88. I see a couple of posters quoting the law over and over
I guess the thing to do is quote is over and over.

And over and over.

And some will still not listen. :silly:
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melm00se Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-01-10 06:59 AM
Response to Reply #88
97. News flash for you
the legal system is supposed to be blind to ideology...just applying the law. In some cases it has strayed from the path.

Folks who kneejerk (and I definitely consider some posters here at DU in that category) and start deciding what a specific charge should or should not be, what the verdict should or should not be and what the penalties should be, all without knowing what the laws of this nation are ignorant.

The law is quite clear on this alleged crime (and yes, it is alleged until conviction...remember? "innocent until proven guilty").

I will continue to quote the law "over and over" as those the guidelines that the state of Kentucky and her citizens have decided upon and by which everyone in that state have to live.

You don't like? That disagreement falls into the category of "be careful for what you wish". You better hope that someday you don't find yourself on the other side of the law and some jackass decides that because you are a progressive the charge is far far worse than is warranted (IE spitting on the sidewalk morphs from a simple appearance ticket into illegal disposal of toxic waste).

If that happens, I am willing to bet that you wouldn't like it and you (and your lawyer) would point to the law and say "the charges against me don't fit within the legal definition of that specific crime".

Look, from the video it appears that he is guilty of a crime and the Penal Code of the state of Kentucky has clear definitions of what actions constitute what level of crime it is. Don't like it? tough shit. Move to Kentucky and petition your representative to change the law to fit your narrow view of the legal system.
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samplegirl Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 02:46 PM
Response to Original message
75. She should be entitled to stomp his head
then I would say real justice had been served.
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WorseBeforeBetter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 05:50 PM
Response to Reply #75
89. By reducing herself to his level?
I doubt Ms. Valle would consider that "real justice."
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 07:33 PM
Response to Reply #75
94. wow, I wouldn't expect a DUer to go all biblical and demand an eye for an eye
Is that how you think all punishments for criminal acts should be handled? Big supporter of the death penalty I take it?
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 03:26 PM
Response to Original message
80. Good ol' boys don't go to jail.
Herr Booosh and the war criminals are the best example of that.
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femrap Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 03:32 PM
Response to Original message
81. Hope he gets the max. nt
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Pacifist Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 03:55 PM
Response to Original message
82. A travesty marginally better than nothing.
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sulphurdunn Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 05:31 PM
Response to Original message
87. There are also federal civil rights issues.
This assault occurred while she was exercising her First Amendment right to freedom of speech and peaceful assembly.
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-31-10 07:46 PM
Response to Reply #87
95. which ones?
Not Section 1983. That provision, which is the most commonly cited law protecting individuals from being deprived of their rights without due process, applies where a " person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law,"

The problem is that the thug who did this wasn't acting "under color of any statute, ordinance, regulation, custom, or usage". Section 1983 doesn't make every thug that assaults someone guilty of a federal offense."

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ProudDad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-01-10 07:35 PM
Response to Original message
100. For those of you who quote the "law"
Edited on Mon Nov-01-10 07:36 PM by ProudDad
and expect the criminal-injustice system to actually work that way...

or expect the criminal-injustice system to actually mete out "justice" in any way...

or expect the criminal-injustice system to perform any real useful social purpose...

is seriously deluded...

"The only justice at the Hall of Justice is in the halls." Lenny Bruce. And it was Lenny's belief that he would finally receive "justice" that killed him...

So, for your own sake, hope you never are involved in this corrupt, lying system as a defendant -- you'll quickly learn the "law is an ass" and don't mean shit!
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David Zephyr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-01-10 07:40 PM
Response to Original message
101. Any conviction of a crime will empower this woman to own everything the jackass has.
Win the criminal and kill them on the civil.
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BlueIris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-01-10 09:58 PM
Response to Original message
102. That is just awful. Suck it, woman-hating scum. nt
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