Man to be sentenced for racial incident - Coeur d'Alene Press: Local News

Man to be sentenced for racial incident

Abbey enters Alford plea to felony charge of malicious harassment

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Posted: Friday, December 9, 2011 12:00 am | Updated: 11:56 am, Fri Nov 16, 2012.

COEUR d'ALENE - Self-proclaimed skinhead Daren C. Abbey got knocked out with one punch by a black man on July 3, after telling the man he didn't belong inside J.D.'s bar or in Bayview at all because of the color of his skin.

On Thursday in 1st District Court, Abbey, 28, agreed to be sentenced on a felony charge of malicious harassment from the short-lived confrontation with Marlon L. Baker, who at the time of the incident was wearing a Spokane Boxing Club Champion T-shirt.

By entering an Alford plea, Abbey avoids admitting guilt, but acknowledges prosecutors have enough evidence to likely convict him at trial.

District Court Judge Benjamin Simpson scheduled sentencing for March 9, and released Abbey from Kootenai County jail. A no-contact order is still in place to keep Abbey away from Baker.

Kootenai County Sheriff's Department officials said at the time of Abbey's arrest that he threatened to stab Baker.

Baker, of Spokane Valley, left the bar to avoid a fight, but Abbey followed him outside and toward a marina, hurling racial slurs.

According to a sheriff's department report, "Baker stated Abbey told him 'blacks' were not welcome in Bayview and he had better leave before something happened."

Abbey then poked Baker in the chest, the report said.

Baker told sheriff's investigators that he felt threatened as Abbey followed him, wouldn't leave him alone, and he instinctively punched Abbey in self-defense.

"Baker stated Abbey immediately fell to the ground and did not get up," the report said.

Abbey, who was from Sacramento, Calif., and was living in Coeur d'Alene as a transient, suffered facial fractures because of the blow from Baker.

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

When sheriff's investigators talked with Abbey at the scene, after he woke up, Abbey said he told Baker that if Baker "behaved" himself around the whites everything would be "cool" and he would be allowed to stay in Bayview.

Abbey told authorities he thought Baker hit him with a "brick."

When Abbey was told he was being arrested, Abbey said, "What, you're arresting the white man?"

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19 comments:

  • IChoseNID posted at 10:26 am on Mon, Dec 12, 2011.

    IChoseNID Posts: 82

    Mr. Baker was racially taunted, but he LEFT THE BAR to avoid a confrontation, and was FOLLOWED out by this worthless piece of excrement, who continued to insult and threaten him, and then PUT HIS HAND ON HIM.

    Abbey is lucky he wasn't hurt worse. I'm just glad he picked on someone who could defend himself.

    And Yarply, I don't know if Mr. Baker called them or not, but getting the cops involved, was EXACTLY the right thing to do. If he hadn't, Abbey or his friends could have made up any story they wanted. Though certainly Abbey got his just desserts in the punch, he also needed to be dealt with by the system, to try and make sure he doesn't repeat his idiotic behavior. Now, if he re-offends in the future, he'll be punished much more harshly.

    Mr. Baker is to be commended for going out of his way to avoid a fight, even one that he knew he would likely win. He's welcome to drink with me any time.

     
  • Uncle Guido posted at 10:33 pm on Sat, Dec 10, 2011.

    Uncle Guido Posts: 45

    Looks like a good ol one two lights out! little man shaved his head acting like a tuff guy.If your gona get mouthy with people you should be ready to back it up. Nope it wasnt a brick, just a big ol can a whoopass!

     
  • Jeffrey Wherley posted at 9:13 pm on Sat, Dec 10, 2011.

    Jeffrey Wherley Posts: 3969

    I can see your point to a point, but I think even if abbey would have killed him with that single punch, it would have been justifiable. But a harassment charge would possibly be the better charge on baker, but I can't see anything that abbey should be charged with he tried to get away from the situation that is the deciding factor for me.

    History on my sides, I think the 2 brother got shafted with the hate crimes BS. So I am not one to jump on any hint of racial stupidity. Tattoo, flags and signs mean nothing by just being displayed. But Mr Baker seems to have had it all, lol.

     
  • yarply posted at 4:27 pm on Sat, Dec 10, 2011.

    yarply Posts: 485

    Jeff, I agree people have a right to defend themselves from a perceived physical threat. Where I disagree is the notion that verbal threats(Assault) or racial taunts (dumb) are in the laws eyes equal to actual physical battery, which legally they are not.
    Battery carries the heavier sentence. Abbey was no physical threat to Baker. Baker is after all a boxer.
    And also I believe Idaho abides by equal force statutes.
    If it doesn't I still do.
    If you follow the logic you put forth, Baker, because he felt threatened and perceived a physical threat by "verbal taunts" could argue the use of deadly force. (and if Baker only hit Abbey once "causing facial fractures" then he came darn close to using it.) He knocked the guy out and could have killed him.
    Plus Abbey didn't issue the knife threat until after he had been knocked out cold and with a fractured face while being in the actual process of being arrested. An empty threat.

    I would dare say Abbey went to the hospital for those facial fractures and I question the techniques of the police questioning someone who has been knocked unconscious and in need of emergency medical care.

    I see your point though. If Abbey was following me doing that I would want to punch him also. But after doing so I wouldn't have got the cops involved.

    Come on,, Baker fractured Abbeys facial bones while knocking him out. He"s a boxer. He's huge. (To me anyhow) Abbey didn't pose no threat to Baker except the threat of getting him dirty or something.
    Then presses charges against the guy for harassment?
    He could have pushed him down or any thing. He didn't have to put the guy in the hospital AND in jail. Thats cold.
    No I think Baker should have at the minimum been arrested and no charges against the guy accused of taunting just some words of advise about keeping your mouth shut from now on.


     
  • Jeffrey Wherley posted at 2:13 pm on Sat, Dec 10, 2011.

    Jeffrey Wherley Posts: 3969

    yarply,

    I have to disagree, Baker left the bar and was followed. With that he had reasonable right to defend himself from a perceived physical threat. Not to mention the verbal threat from Abbey that he would Stab Baker.

    Even Racist should hold Abbey's action up as an example of the King of Morons.

     
  • yarply posted at 12:55 pm on Sat, Dec 10, 2011.

    yarply Posts: 485

    I was raised and told its best not to respond to taunts, that they are meaningless, and if you do respond to taunts respond in EQUAL manner and measure. OK the guy may be a racist but it is still against the law to strike a person over words. The white racist was physically attacked over words. Baker should have been arrested for Battery.

     
  • babydriver posted at 12:43 pm on Sat, Dec 10, 2011.

    babydriver Posts: 1393

    I think being knocked out was sufficient punishment. Any threats were made prior to being punched.

    Just from what was written in the press I can see no basis for charges.

     
  • milburnschmidt posted at 8:11 am on Sat, Dec 10, 2011.

    milburnschmidt Posts: 1161

    ROLLING THUNDER is partialy right the criminal system is partially creating a problem. Not mentioned is the overabundance of jail worthy behavior in increasing numbers and a reluctance of voters to build a larger jail to accomodate them. The confrontation in the story is a hoot and Mr Abbey got what he deserved and will have to wear his embarrassment as long as he lives here. I dont see anything in the story indicating race was a factor in the charges.. . Truth is these days folks are meaner,self centered and less tolerant on the average than years ago. Rolling thunder you hit on several of my favorite complaints and I to am losing respect for the system but more so for our fellow neighbors and visitors who create these situations and for having to support financially way to many of them.

     
  • rollingthunder posted at 5:56 pm on Fri, Dec 9, 2011.

    rollingthunder Posts: 318

    The Criminal Justice system here is lacking, Two knottheads meet in a dive and fight over some kind of name calling and idiot #2 goes to jail because of it. We have a man in the legislature that refuses to pay taxes and steals timber from public lands (and got away with it), we have a county employee get away with $100,000 of our tax money and gets her hands slapped, drunken drivers that kill people and get very light sentences and then there is this kind of cr#p. No wonder people are loosing respect for the system.

     
  • Lanie11 posted at 4:20 pm on Fri, Dec 9, 2011.

    Lanie11 Posts: 67

    It says he is a self-proclaimed skinhead with lots of white supremacist tattoos....I don't care what they do to the low life scumbag punk!!!!!!!!!!!!!!!!!!!!!

     
  • Jeffrey Wherley posted at 1:06 pm on Fri, Dec 9, 2011.

    Jeffrey Wherley Posts: 3969

    mister d,

    You're Spot on, this is one of the funniest events, but also very telling that when Racism is Sooo blatant everyone seems to agree on the stupidity of it. I hope they throw the book at this freak.

     
  • oneanddone posted at 11:48 am on Fri, Dec 9, 2011.

    oneanddone Posts: 18

    The guy got charged because he threatened with a deadly weapon, and yes, even in Idaho a knife is a deadly weapon. Did he pick on the wrong guy? He probably thinks so. But he was charged because he threatened with a knife, not because some words were thrown around. Of course, it would be helpful if poster would actually READ the article before spouting, but not a common occurrence. And of course if "Racial Robby" could read, none of this would likely have happened.

     
  • Nicotinegun posted at 11:07 am on Fri, Dec 9, 2011.

    Nicotinegun Posts: 1367

    I really think if this was two white guys, no one would be going to jail. But the fact that Racial Robby used angry words he violated the U.N. code of Political Correctness so he must pay. The fact that words are outweighing actions is scary to me. Didn't we just have a case where a white guy called a black guy a name so the black guy went and got a baseball bat the white guy ended up gonig to jail? That is ridiculous.

    Baker knocked Abbey out. Great, okay. Leave it at that. The guy got aggressive so Baker did what he is trained to do and knocked him out. Why are the police invovled? Why is Abbey going to jail as if he assaulted Baker? People if you don't recognize this as insanity, it's worse than I thought.

    I wasn't there so I don't know how far Abbey pushed Baker. Did he corner him? Could Baker run? Why is it that Abbey, who just used words is going to jail? This is a dangerous game the local authorities are playing. I wonder if Abbey knows he can press charges against Baker-aggrevated assault, I believe. It's very sad that Idaho is going the way of California. We as a nation are headed for very bad times if this Liberal nonsense spreads.

    986crazy, I believe the author of the story said "after he woke up," in order to emphasize the fact that he was knocked out and dominated by the person he was harrassing. It was just some salt on the wound if you will.

     
  • 986crazy posted at 10:47 am on Fri, Dec 9, 2011.

    986crazy Posts: 376

    Hurl racial remarks at the guy, put your finger in the guy's chest, you get knocked out. Seems pretty fair to me. Charges don't seem necessary, either way.

    BTW, CDAPress: "When sheriff's investigators talked with Abbey at the scene, after he woke up," It's understood that he has to be conscious to be questioned by police. Placing "after he woke up" is superfluous.

     
  • TomKatt posted at 10:30 am on Fri, Dec 9, 2011.

    TomKatt Posts: 125

    What a spin job, sheriff's deputies lie like rugs to get convictions, judges know they lie, and the liberal media is happy to spin the news against White people.

    In fact, the aggressive minorities know a White man can get 5 years in prison for defending themselves against non-white aggression in Idaho, and behave accordingly, throwing their weight around with impunity. Maybe some of you liberal know-it-alls who believe the police and media tell the truth need to get out from behind your computers and see the pushy way Idaho minorities behave because of the anti-White harassment law....

     
  • JoeIdaho posted at 9:13 am on Fri, Dec 9, 2011.

    JoeIdaho Posts: 2841

    Very good, Deniles, I agree.
    BUT, if you said it in form of the TRUTH, you would denigrate the stereotype that America (& local Libs) have of N Idaho being all full of nazis & their ilk.
    So; let me straighten this out:
    You libs have been saying that I'm a racist for (ever).
    On the record:
    I, Joseph P Idaho, do hereby state that the person who came from CALIFORNIA is a SELF PROCLAIMED racist. His actions were racist & prejudiced, and he is a idiot as a result. He deserves to be reprimanded back to the State from whence his sorry but came; California, negating the idea that the good people of the State of Idaho will end up paying for this TRANSIENT's heat, shelter, and food, when his upbringing, & learned skills all came from the Golden State.

     
  • votingcountyemployee posted at 8:14 am on Fri, Dec 9, 2011.

    votingcountyemployee Posts: 25

    yup, shows you what this "self proclaimed skinheads" intelligence level is....Really, mess with anyone with a Spokane Boxing Club Champion shirt on? I think he asked for it

     
  • DeNiles posted at 7:35 am on Fri, Dec 9, 2011.

    DeNiles Posts: 2450

    Why doesn't this headline read: "California man to be sentenced for racial incident." ?

    And, no, he did not "wake up" after being knocked unconscious. He 'came-to' after losing consciousness. He wasn't sleeping unless he in fact fell asleep after greeting the fist of the man he was tormenting.

     
  • mister d posted at 7:31 am on Fri, Dec 9, 2011.

    mister d Posts: 1531

    I know this is serious but everytime I read something about this incident I just have to laugh and shake my head. Figures it was a transplant causing the problem.

     
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