Kentucky Stomper Charged With Fourth-Degree Assault - TPM

[WillyT]

Kentucky Stomper Charged With Fourth-Degree Assault
Ryan J. Reilly | TPMDC
October 30, 2010, 6:04PM

<snip>

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."

<snip>

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

:kick:

[no_hypocrisy]

1. Could've gone with attempted murder as there was evidence of

indifference to human life demonstrated.

[onenote]

9. can you cite to the relevant provision of KY law?

I don't think under KY law there is any way the stomper could be charged with attempted murder. Fourth degree assault is pretty much directly on point:

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.

[movonne]

16. I hope the moveon lady sues the pants off of this guy with the help

of moveon...

[Hassin Bin Sober]

20. I guess it depends on how you rate a concussion.

I consider a concussion a "serious" injury. Especially since it resulted in an overnight hospital stay.

That seems to be second degree assault. A felony.

The difference between 4th and 2nd seems to be the word "serious"


4th degree assault seems like it should be charged in minor Plain old "injury" or simple injury, if you will. Bumps, bruises etc. Not brain trauma.

[onenote]

26. definition of "serious physical injury" under KY law:

"Serious physical injury" means physical injury which creates a substantial risk of
death, or which causes serious and prolonged disfigurement, prolonged impairment
of health, or prolonged loss or impairment of the function of any bodily organ;

THe problem for the prosecution is that the victim was interviewed shortly after the assault and did not appear to have suffered a serious injury. At best, there would be competing medical testimony. and, under the circumstances, I suspect it would be very difficult, if not impossible, to convince a jury to find the defendant guilty of second degree assault "beyond a reasonable doubt."

[Hassin Bin Sober]

41. It should be left for the jury to decide.

[no_hypocrisy]

23. Second degree murder

http://criminal.findlaw.com/crimes/a-z/murder_second_degree.html

2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life

[onenote]

30. that's not Kentucky law

THis is the KY penal code provision for murder:

(1) A person is guilty of murder when:
(a) With intent to cause the death of another person, he causes the death of such
person or of a third person; except that in any prosecution a person shall not
be guilty under this subsection if he acted under the influence of extreme
emotional disturbance for which there was a reasonable explanation or excuse,
the reasonableness of which is to be determined from the viewpoint of a
person in the defendant's situation under the circumstances as the defendant
believed them to be. However, nothing contained in this section shall
constitute a defense to a prosecution for or preclude a conviction of
manslaughter in the first degree or any other crime;


This is the KY penal code provision for criminal attempt:

506.010 Criminal attempt.
(1) A person is guilty of criminal attempt to commit a crime when, acting with the kind
of culpability otherwise required for commission of the crime, he:
(a) Intentionally engages in conduct which would constitute the crime if the
attendant circumstances were as he believes them to be; or
(b) Intentionally does or omits to do anything which, under the circumstances as
he believes them to be, is a substantial step in a course of conduct planned to
culminate in his commission of the crime.
(2) Conduct shall not be held to constitute a substantial step under subsection (1)(b)
unless it is an act or omission which leaves no reasonable doubt as to the
defendant's intention to commit the crime which he is charged with attempting.

[no_hypocrisy]

31. Just checked and you're correct.

Interesting how there are variations about the elements of murder for each state.

[peacebird]

2. How is stomping on her head, giving her a concussion, only

4th degree assault - a misdemeanor? The woman was already pinned on the ground by two other men.

[backscatter712]

3. WEAK!!! What a slap on the wrist.

If there was true justice in this country, he should be looking at felony aggravated assault, and be begging for a plea deal that would put him behind bars for only a year.

The prosecutor is clearly letting him off light - he'll probably just get probation.

:mad:

[HCE SuiGeneris]

6. Seems we were on the same wavelength.

This really, REALLY pisses me off.

[HCE SuiGeneris]

4. Bet his wrist is just stinging.

Slap.

Grr. :grr:

[tularetom]

5. I heard he's also being charged with not returning a library book

and felony jaywalking.

[TheKentuckian]

7. Shitty work by the Commonwealth, as usual.

Our legal system is and has I guess always been a vile and corrupt mess.

[hfojvt]

8. Who knew that so many progressives favored the death penalty?

:shrug:

[HCE SuiGeneris]

12. Oh please.

You don't consider his act vile and dangerous? This sends a very poor signal.

[hfojvt]

24. If you consider

that on that same day there were about 82 homicides and 1,600 forcible rapes, then, no, based on this one act, I do not see that this guy needs to be put into our over-crowded prison industrial complex. That little gif does not inspire me to hate, sorry.

[HCE SuiGeneris]

29. You seem to be straying from the point.

Have fun with your tangent.

[hfojvt]

34. I don't consider it a tangent

People seem to be in favor of a harsh prison sentence for this guy. I don't think that prison is a positive institution in this country. Nor, since our prisons are already full to capacity with murderers and rapists and drug users do we really have the resources to lock this guy up for a number of years for a crime this relatively small. I am sure you don't like the word small used for this holocaust of curb stomping, but if I compare it to a rape or a murder or child molestation or even armed robbery, then I think a reasonable person would agree it is small. A member of the Jets (the liberal gang, that is, not the football team), on the other hand, would probably curb stomp me for daring to make such a suggestion.

[HCE SuiGeneris]

35. The message being sent is that it is an 'almost' OK thing to act violently towards a) a political

activist
b) a woman
c) anyone espousing a different opinion

Your assumption that you would be neck stomped for voicing your opinion here is pretty far-fetched. There are a few in the crowd that could prove me wrong, but the exception does not prove the rule.

Near tolerance of aberrant, violent behavior towards any individual is wrong. Period. Then again, that is just my opinion.

[Hassin Bin Sober]

15. Huh? What? Who said anything about the DP?

[hfojvt]

18. okay

maybe just cutting off his foot.

[Hassin Bin Sober]

21. How 'bout we put a sock in your mouth? I'm for that!

:)

[hfojvt]

33. that's not gonna stop my mighty keyboard

Isn't the keyboard mightier than the sword?


Although it will stop me from making calls as I am supposed to be doing today.

I was going to spend a few hours doing that, but the first person I called said "take me off the list and don't call me on Sunday" so I got discouraged and wondered if it was doing more harm than good.

[de novo]

27. I am anti-DP period.

But, I would like to see him get some serious jail time, as a punishment and a deterrent to him and others.

[Commie Pinko Dirtbag]

42. If you like this guy so much, take him home. -nt

[Riley18]

10. Will that charge make it easier for her to take him to

civil court in order to make him pay damages to her?

[Hassin Bin Sober]

11. 2006 Kentucky Code - CHAPTER 508 ASSAULT AND RELATED OFFENSES

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. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 429, sec. 2, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 67, effective January 1, 1975.

508.025 Assault in the third degree. (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: 1. A state, county, city, or federal peace officer; 2. An employee of a detention facility, or state residential treatment facility or state staff 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 for Community Based Services employed as a social worker to provide direct client services, if the event occurs while the worker is performing job-related duties; 4. Paid or volunteer emergency medical services personnel certified or licensed pursuant to KRS Chapter 311A, if the event occurs while personnel are performing job-related duties; 5. A paid or volunteer member of an organized fire department, if the event occurs while the member is performing job-related duties; 6. Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization pursuant to KRS Chapter 39F, if the event occurs while personnel are performing job-related duties; 7. A probation and parole officer; 8. A transportation officer appointed by a county fiscal court or legislative body of a consolidated local government, urban-county government, or charter government to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties; 9. A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee's employment; or 10. A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district; or (b) Being a person confined in a detention facility, or state residential treatment facility or state staff 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, or other bodily fluid to be thrown upon an employee of the facility. Page 1 of 2
(2) Assault in the third degree is a Class D felony. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 128, sec. 1, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 208, sec. 1, effective July 15, 2002; and ch. 360, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 14, sec. 56, effective July 14, 2000; ch. 193, sec. 17, effective July 14, 2000; and ch. 345, sec. 7, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 345, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 397, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 380, sec. 1, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 429, sec. 1, effective July 15, 1982. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 128, sec. 1, which included an amendment to this statute, provides that the Act shall be known as the "Brenda D. Cowan Act." Page 2 of 2



508.020 Assault in the second degree. (1) 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 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 66, effective January 1, 1975.


508.010 Assault in the first degree. (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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 65, effective January 1, 1975.

[opihimoimoi]

17. Nazi Brown shirt mfkr should get 5 years in prison w no mud flaps...

[de novo]

28. I agree.

[nc4bo]

19. I don't think the charges are serious enough considering

that this woman could have been killed or paralyzed by his vicious action.

4th degree I could see if he merely used his foot as a way to hold her down but that's NOT what he did. He stomped her and could have broken her neck in the process.

:wtf:

[Hassin Bin Sober]

25. I agree. Correct me if I'm wrong but the difference between 4th and 2nd ...

... is the word "serious" as it relates to the level of injury.

I consider a concussion and resultant hospital stay to be serious. I consider bumps and bruises to be non-serious.

And anyone who thinks concussions are non-serious injuries they should ask Liam Neeson about it.

[Angry Dragon]

13. One has to remember coal owns the justice system there

paul is a big supporter of coal
follow the money

[mrcheerful]

14. Did anyone see the ED shows clip of the video? I saw it a few times and it looked like

either the guy who tackled her or some other threw a punch right before she went down, it is only a split second, but it reallly looks like she was also punched in the back first then took down.

[louis-t]

22. I think she got the concussion from the guy

who slammed her to the ground. He's the guy that should get the first degree assault charge. From the video, it looks like her head hit the ground pretty hard. The stomp was just insult to injury, cowardly, and indicative of mob mentality.

[hayu_lol]

32. They should have gone for 1st degree(b)...

since she did have a concussion where the effects may not show for 10 years or more.

Nail him good...and the others as well.

[onenote]

38. do you know what the law on first degree assault is in KY?

Its disturbing that DUers post without actually checking the law. We're supposed to be the smart ones who respect the law.

First degree assault:

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.


(13) "Physical injury" means substantial physical pain or any impairment of physical
condition;

(15) "Serious physical injury" means physical injury which creates a substantial risk of
death, or which causes serious and prolonged disfigurement, prolonged impairment
of health, or prolonged loss or impairment of the function of any bodily organ;

While it has been reported that the victim was told at the hospital that she suffered a concussion, she also talked to the local press before going to the hospital and appeared on television the next day saying that she was still pretty sore and had a bit of a headache, but was doing okay. I don't mean to play down her injuries, but no prosecutor in KY is going to bring first degree assault charges -- because no jury in KY is going to convict --in a case where the assault victim herself has downplayed the seriousness of her injuries. Plus, as others have pointed out, it would be difficult to prove whether her concussion was caused by Proffit or the thug that pulled her to the ground.

The plain fact is that, given the circumstances, and given that this is KY, I'm gratified that charges have been brought at all.

[KamaAina]

36. Fourth-degree assault? What's the penalty for that?

Is he going to have to write "I will not stomp on people's heads" five hundred times on a blackboard? :eyes:

[onenote]

37. a maximum of 12 months in jail and/or $500 fine.

[KamaAina]

40. And the minimum?

But, you see, he has strong connections in the community, and a promising future, and.... (translation: he's white :eyes: )

[onenote]

43. I think the minimum for a Class A misdemeanor is 90 days and/or a fine of up to $500

And you're right -- if he has no prior record, he will likely get a very lenient punishment, or it will be plead out with probation. That's not particularly "special" treatment for first time offenders. Of course, I have no idea if this thug has a record.

[Motown_Johnny]

39. I just hope he gets some jail time

6 months seems about right

[Name removed]

44. Deleted message

Message removed by moderator. Click here to review the message board rules.

[era veteran]

45. The " but this is Kentucky " shit NOT NECESSARY

Judgmental stereotyping shit.

[political_Dem]

46. If Profitt has to serve time, let it not be a Club Fed-like jail.

That is all I ask.