Judge orders rehab in Bayview racial incident - Coeur d'Alene Press: Local News

Judge orders rehab in Bayview racial incident

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Posted: Friday, June 15, 2012 2:50 pm

COEUR d’ALENE — A 29-year-old white man who made racist comments to a black man —then got punched out cold — was sentenced by the court Friday.

But what really hurt, was the “punishment” that was dished out by the court of poetic justice.

Daren C. Abbey, who currently lives near Kalispell, Mont., still owes $30,000 in medical bills from the punch thrown by Marlon L. Baker, who at the time of the incident was wearing a Spokane Boxing Club Champion T-shirt.

Abbey got knocked out with one punch after harassing Baker at J.D.’s bar then following Baker 300 yards to Baker’s campsite, where the damaging blow was dealt. Witnesses said Abbey used racial slurs against Baker.

Abbey admitted to consuming a massive amount of alcohol on the day of the incident, July 3 of last year. When he woke up, Abbey told authorities he thought he got hit with a brick.

Abbey served about six months in jail before agreeing to be sentenced on the charge of malicious harassment.

He has three metal plates in his head because of the facial fractures he suffered. He also suffers from recurring headaches.

His defense attorney, Bradford Chapman, asked 1st District Court Judge Benjamin Simpson to consider that “punishment.”

Chapman declined to comment after the sentencing. Abbey was immediately taken into custody.

According to a Kootenai County Sheriff’s Department report detailing the incident, “Baker stated Abbey told him ‘blacks’ were not welcome in Bayview and he had better leave before something happened.”

The sheriff’s report said Abbey had several white supremacist tattoos on his chest, arms and neck.

Chapman told the court that Abbey was susceptible to “certain ideologies” while serving time for multiple prior criminal offenses.

He said those ideas are sometimes adopted “as a matter of survival,” when behind bars.

Chapman added, “He’s not the person depicted in the black and white” of the case file and investigation reports.

“This case has cost Mr. Abbey a lot,” he said.

He acknowledged Abbey made inappropriate comments, but said, “Mr. Abbey never touched Mr. Baker.”

Abbey told the court he first spotted Baker allegedly walking into the women’s restroom, multiple times, at the bar.

He said he talked with Baker initially to see if he wanted to play pool.

Abbey said he was in Bayview for a vacation, resting up from working the oil fields in North Dakota.

Recently, he has been working full time for a construction company, making $15 per hour. He was released from jail after entering an Alford plea in December to the felony malicious harassment charge.

He broke down crying at one point during his sentencing hearing. He arrived at court with his mother.

“I’m just trying to work now, and move on,” he told Simpson.

The judge said, “This is a troubling case.”

He noted Abbey’s “substantial” criminal history, and acknowledged Chapman’s point that Abbey adopted some of his racial views during his time in prison.

In this case, however, Simpson said, “The conduct was shocking.”

He ordered Abbey to serve three to five years in prison, but will "retain jurisdiction" for up to a year.

Abbey must immediately spend the retained jurisdiction time going through an Idaho Department of Correction rehabilitation program.

If he performs well enough in that treatment program, Simpson could release Abbey on probation.

 

If the judge isn’t satisfied with his performance in the program, he could impose the sentence.

Abbey was given credit for the time served following his arrest.

 

  • Discuss

Welcome to the discussion.

24 comments:

  • mythoughts posted at 7:51 am on Fri, Oct 26, 2012.

    mythoughts Posts: 2

    I agree with every comment regarding the judge should be removed.

     
  • Kirsty posted at 2:26 am on Mon, Sep 3, 2012.

    Kirsty Posts: 20

    Maybe this guy needs to see how a stryker lawsuit unfolds. He is lucky that the black guy didn't sue him for more money than he has. Such behavior is unacceptable.

     
  • The Golden Mean posted at 6:24 pm on Mon, Jun 18, 2012.

    The Golden Mean Posts: 4213

    "Maybe you know more about the case than I do."

    I don't know about that M6. I believe that when a man has been backed into a corner by another man who expresses hate towards him, that man should be allowed to defend himself and how effective the cornered man is at defending himself shouldn't matter.

    This should make total sense in gun crazy Idaho... If you don't like the sting, don't mess with the bee!

     
  • MMMMMM posted at 6:04 pm on Mon, Jun 18, 2012.

    MMMMMM Posts: 2748

    You're right, Golden. I based my opinion on this news article. Maybe you know more about the case than I do.

     
  • The Golden Mean posted at 11:15 am on Mon, Jun 18, 2012.

    The Golden Mean Posts: 4213

    "When anyone resorts to physical violence for name calling alone, they are in the wrong. "

    Again, this situation is much more complicated than that. A man should have the right to protect himself from impending violence.

     
  • MMMMMM posted at 7:06 pm on Sun, Jun 17, 2012.

    MMMMMM Posts: 2748

    That's an interesting analogy, Golden, and you may be absolutely right about justice being served. But,. according to the information in this news article (which I am sure does not cover the entire story) the black man should have been arrested for aggravated battery.

    - - - - -

    If you're going to reverse the "players", say a black man taunted a white man, calling him names and following him to his campsite, and if the black man were, for example, a member of the Black Panthers, but did NOT actually touch the white man or brandish a weapon, and then the white man hit him causing these extensive injuries - - - - I'll bet you anything in this "reformed" Idaho community and in these PC times, the white man would have been arrested.

    When anyone resorts to physical violence for name calling alone, they are in the wrong. Legally.

    This is similar to problems lately with bullying in schools and with parents suggesting their picked-on kid fight back with fists. Same kind of situation. We all want the picked-on kid to stand up for himself and cheer when he does, but legally - - - - - that's a whole other matter.

    Legally, you just can't hit 'em for calling you names.

     
  • The Golden Mean posted at 5:16 pm on Sun, Jun 17, 2012.

    The Golden Mean Posts: 4213

    "Name calling is still just that and is not justification for aggravated batterey"

    No, it's not that simple. In this case the name calling was used to express hate, aggression and intent by a bully who just happens to have a criminal record and an affiliation with a hate group.

    For just moment, imagine if a drunken dude riding a camel with a towel on his head for a hat followed me back to my camp hollering some sort of jihad rant at me. We both know that jihad doesn't mean "howdy, let's be friends" and that it is reasonable to believe that the potential for real trouble is getting closer with each step of his camel... And I'm pretty darn sure that you would buy me a beer for knocking his butte out.

    Justice was served - Both in the courts and on a street level.

     
  • MMMMMM posted at 4:22 pm on Sun, Jun 17, 2012.

    MMMMMM Posts: 2748

    From what the newspaper article says, Golden, (from what the article says) Abbey did not touch Baker and Abbey did not have a weapon. So, legally, Baker did not have a right to batter Abbey UNLESS he was in fear of his life.

    This newspaper article did not mention that Baker was a professional boxer unless wearing a t-shirt meant the same as "professional". If Baker is a professional boxer, then his fists are considered deadly weapons.

    Baker obviously is a boxer, and again from the newspaper article, it appears that he would NOT be in fear of his life with a drunk white man calling him names.

    Abbey's history of belonging to a hate group, or prior arrest history has absolutely no bearing on the decision of the arresting officers. It might have influenced the court in sentencing, but not the officers called to the scene. They were just dealing with the facts of the situation - "just the facts" mam.

    Name calling is still just that and is not justification for aggravated batterey or perhaps even attempted murder which is what Baker should be charged with if he is a professional boxer.

    - - - - - -

    The problem with our local law-enforcement is that they are trying too hard to live down Idaho's racist reputation and frequently DO NOT enforce the law correctly because of that.

     
  • yarply posted at 3:29 pm on Sun, Jun 17, 2012.

    yarply Posts: 495

    MMMMMM, Of course you are right. The first LEGAL response would have been to call the police, which I'm not sure happened.

    I guess if the roles and location were reversed we would see the same ruling.?

     
  • The Golden Mean posted at 1:25 pm on Sun, Jun 17, 2012.

    The Golden Mean Posts: 4213

    "Judge orders rehab in Bayview Bully Beat Down Incident"

    What this story would have been called if both parties were white.

     
  • The Golden Mean posted at 12:25 pm on Sun, Jun 17, 2012.

    The Golden Mean Posts: 4213

    Oh gee M6, if we're going to play this game I need to know a little bit more about the situation. Are you drunk? Did you follow me back to my campsite? Do you or have you belonged to a hate group? Have you ever been arrested for committing a violent crime? Can't you see my boxing club champion t-shirt?

    If so, what are you thinking? Let me walk away in peace!

     
  • MMMMMM posted at 11:15 am on Sun, Jun 17, 2012.

    MMMMMM Posts: 2748

    PS Jeffery and Golden, I'm guessing you both are white, and I am right now calling you both NI___R!!!!!

    So, come and hit me if you can find me!

     
  • MMMMMM posted at 11:14 am on Sun, Jun 17, 2012.

    MMMMMM Posts: 2748

    Jeffery, is there more to this story than the above article?? Must be or else this reporter and the courts and arresting officers are nuts.

    Since when is an aggravated battery the legal response to name calling?

     
  • The Golden Mean posted at 9:15 pm on Sat, Jun 16, 2012.

    The Golden Mean Posts: 4213

    Swastika Styles of the Dim and Racist

    To be continued...

     
  • Jeffrey Wherley posted at 4:33 pm on Sat, Jun 16, 2012.

    Jeffrey Wherley Posts: 3969

    I think this is a well balanced sentence for the crime. Allow him to show his willingness to change his Drunken, Belligerent, Disorderly, Threatening and Obnoxious ways. The victor and victim in this showed more restraint than he really needed to, IMO.

     
  • yarply posted at 2:55 pm on Sat, Jun 16, 2012.

    yarply Posts: 495

    Whats even better about the ruling is that with the guys physique and training in boxing he is a lethal weapon. So the ramifications of this ruling is, if you and a few witnesses say someone taunted you with "racial" slurs. Well. You can kill them. Just like The "Victim" in this story almost did too the stupid moron "racist".

    Drunk or what but for such a little guy to follow such a huge person with a boxing shirt on calling him names in front of his friends,,,, I mean witnesses. Well That took some gonads. Dumb gonads, drunk gonads? Either way it took them. And I don't think he has any.

     
  • yarply posted at 2:45 pm on Sat, Jun 16, 2012.

    yarply Posts: 495

    The judge is totally wrong and needs to be removed from the bench. Never has verbal abuse been a legal excuse for physical violence.

    It has now. And equal rights under that law. What comes around goes around.

     
  • yarply posted at 2:25 pm on Sat, Jun 16, 2012.

    yarply Posts: 495

    Man. That is GREAT. Now I know if someone calls me names I can Put them in the hospital AND get them sent to jail. Man. That's GREAT!

     
  • CClavin posted at 11:39 am on Sat, Jun 16, 2012.

    CClavin Posts: 221

    and..............a right cross to the face & the racist goes down..........he got what he deserved. The end!!!!!

     
  • The Golden Mean posted at 11:25 am on Sat, Jun 16, 2012.

    The Golden Mean Posts: 4213

    Weird Racist Sympathizer Math 101

    Abbey admitted to consuming a massive amount of alcohol + Then followed Baker 300 yards to Baker’s campsite + Witnesses said Abbey used racial slurs + Abbey’s “substantial” criminal history = Not Guilty

    Really?

     
  • haydenator posted at 7:54 am on Sat, Jun 16, 2012.

    haydenator Posts: 204

    Stix and stones may break my bones but words will send me to prison!!

     
  • haydenator posted at 7:52 am on Sat, Jun 16, 2012.

    haydenator Posts: 204

    I have a very hard time with this. A man is going to prison for WORDS? He got what was coming. A good solid A*( whoopin. Is there really anythingf else that needs to be said? Simpson ...(geez should I choose my words wisely for fear I may go to prison) Simpson needs to be replaced for his overzelous far left Dudley -Do-Right legal escapades!!

     
  • I Carry posted at 5:28 am on Sat, Jun 16, 2012.

    I Carry Posts: 529

    RcWalker; Again, the CDA Press (the most trusted local paper) didn't write the entire story. Important bit have been left out. Mr. Abbey did much more then say foul words. Mr. Abbey also did not wisely choose when it came to confrontation. Mr. Baker tried to get away from Abbey, and finally stood his ground. Mr. Abbey just doesn't realize it yet, but he got some "schooling" that day.
    Because of drunken poor judgement, Abbey got plates in his head, we (the taxpayers) got his medical bill, Baker has a bad name, and sadly Mr. Abbey still doesn't get it. But on the bright side, his momma must be proud to stand along side a tat covered young man old enough to be on his own, but can't be.

     
  • RcWalker posted at 4:33 pm on Fri, Jun 15, 2012.

    RcWalker Posts: 1

    The judge is totally wrong and needs to be removed from the bench. Never has verbal abuse been a legal excuse for physical violence. Baker should be sued for all the medical costs and be arrested for assault with a deadly weapon. If Abbey is guilty of any crime such as the phony "hate" crimes, them prosecute him on those charges. If this verdict stands, it is just one more reason to believe our legal system is beyond repair. The defence attorney should be ashamed of himself for takeing part in this travesty of justice.

    Where has rational thought gone? The only logical use of physical force is in responce to physical force, not words.

    Richard

     
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