Not our American flag but a LGBTQ flag. " - A man has been imprisoned for burning an LGBTQ flag that was flying at a church in central Iowa. Adolfo Martinez, 30, of Ames, was sentenced Wednesday to 15 years for the hate crime of arson and given a year for reckless use of explosives or fire and 30 days for harassment. The sentences are to be served consecutively, Story County court records said. A jury convicted Martinez in November. He'd been arrested in June. He's said he tore down the flag that had been hanging from the United Church of Christ in Ames and burned it because he opposes homosexuality." Iowa man who tore down, burned LGBTQ flag is imprisoned
That is super harsh for a do nothing crime. If is destroying someone else's property, so it is wrong. But he should face a fine at most. Not ruining a guys like for starting a fire.
The screwup was stealing the flag. Once he did that, he opened the door to being prosecuted criminally, and of course his motivation triggered the hate crimes law and enhanced sentencing. It was a stupid-*** thing to do. Was the sentence excessive? Sorta depends. If he truly just took the flag down and safely burned it, then I think it was definitely excessive. If he lit it while it was in contact with the building, then it wasn't excessive. That's pretty dangerous.
Based on other sources, it looks like he was kicked out of a strip club, went to the church and stole a rainbow flag, returned to the strip club, burned the flag outside, and threatened to burn the strip club down. After he was arrested, he admitted that he did it because he "opposed homosexuality" and that his intent was to "burn down their pride". At trial, he stated that there was nothing the judge could do to stop him from doing it again. And on top of all of that, he was a habitual offender under Iowa law. His crimes (including enhancements for being a habitual offender) carried a maximum sentence of 17 years. Ordinarily, judges hand down sentences for less than the maximum, but that is because there is usually something about the case that justifies doing so. Here, there is nothing of the sort. If the maximum is not imposed here, I don't know when it ever would be. Iowa man sentenced to 16 years for setting LGBTQ flag on fire Fifteen years in Iowa jail for burning pride flag Iowa Man Sentenced for Burning Rainbow Flag, Other Charges
You think they arrested him because he said he took the flag and burned it? He was arrested at a strip club with the flag. He is stupid but not 16 yrs worth
Gotta love a guy who's too religious to tolerate a gay flag but isn't religious enough to keep from going to a strip club AND doing something to get himself kicked out.
As noted in both this thread and the other one, he was a recalcitrant habitual offender. At some point, actions have consequences. He has chosen, repeatedly, to commit violations of the law. Then he essentially showed the Court the figurative middle finger, which is something judges tend not to appreciate. Had there been no other history and had he pleaded drunk and stupid, then you would have seen restitution and some manner of probation.
Too bad for him he didn't work for the FBI. May have gotten a week in jail and 50 hours community service.
And this is one of my problems with our legal system. Judges emotions nor personal opinions/political beliefs should be part of the legal decision making process. The judge being mad or offended at the defendant should not weigh on the length of sentence. In this case the defendant expressed his emotions and beliefs yet the judge didnt like it so he expressed his with a harsh penalty. Seems unfair and an attack on the first amendment to me. I also understand the defendant was a repeat offender. Did they list his crimes anywhere? Did his crimes really justify 16 years? I'm not defending the guy, just curious. Seems like people get off daily for killing someone with a couple years and probation.
It isn't about feelings. I highly doubt the judge cares what this guy thinks. The idea is that if you are defiant in your guilt, you are less likely to change your ways. If you are contrite, you are more likely to change your ways. Accordingly, the contrite are more likely to be treated with greater lenience, while the defiant are more likely to be treated with harsh punishments. It's the same mentality good parents apply with their children. If Deez, Jr. does wrong and is defiant with me (which is rare for him), I'm going to let him have it and teach him a lesson he won't forget. If he does wrong and tearfully says, "I'm sorry Daddy," I will still punish him because I don't want him to think apologies save him from consequences, but I'm going to go easier on him. And frankly, it's the the biblical example. Sinners who are unrepentant in their sin will face ultimate justice. Sinners who are repentant will be shown grace. That same mentality is in our justice system, and that's a good thing.
But see, the ONLY legitimate headline among the three you linked is the third. This is one of the major problems with today's media - headlines that deflect the truth, conceal the truth, only partially reveal the truth, or are simply false.
LOL Deez you ARE a lawyer! LOL. I agree with ya ... the condition of the burning is relevant. If I were a betting man, I'd bet the defendant DID rip it down, in which case the penalty is extreme and unusual ... perhaps cruel? Which would only be consistent with the rest of the perversion's agenda.
True ... sometimes it's just a made-for-broadway play. 20 years ago, a Fed judge feined his wrath for a statement made by a labor union president who testified he didn't have the authority to tell pilots to clear the sick list. That entire saga was bought-paid-for, including the judge. I'm not ... indicting ... all judges but that is how I read Vol's post. Judges DO react, especially when they are part of the script.
If you're looking for anecdotes of judges me misbehaving, you don't have to look far. I'm just saying that handle down a more severe punishment to a defendant because he had a defiant and unrepentant attitude isn't an example of misbehavior. In fact, it is just and biblical.
I imagine some of the Judge's thinking revolved around the possibility of mass casualties of leftists that have wrapped themselves in the flag for political reasons. Speaking of the Bee: Man Who Identified As M1 Abrams Tank Killed In Action
I suppose by law the maximum penalty was 16 years or something like that. But just because he was being defiant in defending his beliefs to burn that flag doesn't mean he should get the max because he was defiant. That sentence for the crime is really stupid. Would someone get 16 years for burning a Confederate flag? Nope and that person also wouldn't be expected to admit he/she was wrong. Again, I have no idea what his other crimes were nor where he burned the flag. Maybe that was part of the decision, but I believe it's personal views driving it.
This seems like the more salient point. "threatened to burn the strip club down" I am curious of his denomination.
Defiant in defending his beliefs? He was goofing off at a titty bar, and let's bear in mind that he stole the flag in violation of the 7th Commandment. I'm having a hard time buying his sincerity, and I'm sure the judge did too.
