Man indicted on Cracker Barrel beating

[tosh]

Source: The Atlanta Journal-Constitution

A man charged with attacking a woman outside a Clayton County Cracker Barrel is back in jail and facing felony charges. Troy West was indicted Wednesday morning on charges of aggravated assault, false imprisonment, first degree cruelty to children, two counts of battery and two counts of disorderly conduct, Clayton County Tracy Graham Lawson said.

A Clayton County superior court judge ordered West held without bond.

West is charged with beating and kicking a woman as she walked out of the Morrow Cracker Barrel earlier this month. The woman's daughter watched as West assualted her mother while yelling racial slurs, police said.

About 200 people, including NAACP and other civil rights activists rallied in front of the Clayton County courthouse this morning urging the grand jury to return an indictment.


Read more: http://www.ajc.com/news/clayton/man-indicted-on-cracker-144818.html

[derby378]

1. About freakin' time...

What the hell took the court so long?

[olegramps]

59. I hope that his jail-mates are ten 300 pound Black guys.

[april]

71. no 300 lb white would be so much better I am sure he needs some good ol boys

[Joe Chi Minh]

96. Do you think they'd be as friendly?

[Steerpike]

2. Good!

There is too much violence in the world ; And particularly violence against women and children.
This guy needs to do some hard time in the big house.

[gateley]

3. I love that he's being held without bond. Asshole. nt

[Zodiak]

4. False imprisonment?

Is there something to this story that I am missing?

[spooky3]

5. I think it just means you prevent someone from leaving

Beating someone up could probably qualify.

I always found that a weird term too (as a non-lawyer).

[Zodiak]

30. Seems a strange charge to me

"forced detainment" seems more appropo.

Imprisonment, at least to my layman ears, implies a prison of some sort.

[gmoney]

33. sounds like they're "throwing the book at him" as they used to say

charging the guy with everything possible in order to maximize his jail time, and in the hopes that he doesn't somehow slip away scott free. (or is it scot free?)

surprised they didn't try to throw on some sort of "domestic trrorism" for assaulting a member of the military.

[Cha]

39. Yes, it does and all the reasons in the

world. That man bought himself a whole shitload of trouble.

[Zodiak]

70. Well, I cannot think if a jerk more deserving n/t

[Zodiak]

69. Damaging government property

It might be an urban myth, but I have heard that sometimes they charge soldiers with that when they get a little free with their bodies (like getting a really bad sunburn).

Beating up a soldier sounds like a good reason to level that charge.

[kristopher]

79. It happened to a friend of mine.

We pulled a Halloween prank to scare a bunch of Girl Scouts and he damaged the nerves in his arms.

He was given administrative punishment and the charge was damage to government property.

[spooky3]

100. agree

[Hassin Bin Sober]

6. When you HOLD someone down and beat the shit out of them it's called false imprisonment.

[Zodiak]

31. It may be called that

...but it doesn't resemble imprisonment at all.

"Illegal restraint" or some similar term would be more accurate. The law sure does word things strangely.

[jberryhill]

85. How many laws do you want?

Criminal laws are written to classify ranges of behaviors under each named offense. On the general subject of restricting movement of another person by force or threat of force, you don't give it twenty different names.

[Trajan]

94. Simple verbal dispute ...

The word used isnt terribly relevant, as long as justice is served ...

[glitch]

7. Preventing someone from getting away from a beating and continuing on with their life

for absolutely no true reason. Works for me.

[appamado amata padam]

10. maybe

he held her down, or held the door shut, or something. Can be a wide category...

[Zodiak]

32. To me (and I am a layman when it comes to the law)

"Imprisonment" implies keeping someone in a structure.....like holding the door shut.

[billh58]

37. The "legal"

definition of "false imprisonment" is: The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement.

Illegally holding someone down, or preventing them from "getting away" is considered false imprisonment. Prolonged false imprisonment could lead to kidnapping charges as well.

http://legal-dictionary.thefreedictionary.com/False+Imprisonment

[jberryhill]

86. Kidnapping requires asportation in most juridictions

But this guy wants a seperate law for the same offense. You have to write one "with walls" and one "without walls". Somehow it makes more "sense" to write a bunch of laws with the same effect, and a lot of irrelevant details differing between them, so that we can give them all "sensible" names.

Personally, I'd just give them arbitrary names, like say dances, so you could be charged with tango, waltz, and aggravated cha-cha.

[billh58]

90. Yeah, you're

correct, but different states have different laws concerning kidnapping, and definitions of "asportation," making a uniform legal definition vague at best, and leaving the courts much leeway. In some places asportation only requires movement of a few feet, and in others it only requires an intent, or threat, to carry the person away at a later time. Asportation is one of the required elements for a charge of "larceny" as well.

The main problem with attempting to charge someone with both illegal imprisonment AND kidnapping is, as you point out, the overlapping of crimes, and the possibility of "double jeopardy" or multiple punishment for the same offense. Since the criminal penalties are normally more severe for kidnapping than for illegal imprisonment, it would be the prosecutor's choice of charges when "throwing the book," if sufficient evidence exists to satisfy local statutes.

I like your "dances" analogy, and it would definitely simplify things...;-)

[jberryhill]

98. The beauty of the word "most"...

I'm sorry but I'm going to have to report you for second degree Macarena with intent to Electric Slide.

[billh58]

102. Can I

Boogie-bargain down to Moonwalk?

[appamado amata padam]

77. that's the thing,

legal definitions, used for indictments, etc can be very different from conventional definitions.

[Romulox]

43. From the GA. criminal code: "arrests, confines, or *detains* such person without legal authority."

Looks like they have exactly the right charge. The name doesn't matter so much--the crime is defined by its elements.

False imprisonment

(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.

O.C.G.A. § 16-5-41.

(emphasis mine)

http://www.lexis-nexis.com/hottopics/gacode/default.asp

Also note:

Different from kidnapping because no element of asportation.* Sallie v. State, 216 Ga. App. 502 (1995). Brief detention is sufficient. Grier v. State, 276 Ga. App. 655 (2005).

http://www.avvo.com/legal-guides/ugc/the-crime-of-false-imprisonment-in-georgia

* "asportation" means carrying away.

[Zodiak]

72. I see...so if you robbed a bank and kept hostages...

That would be false imprisonment.

But if you put a gunny sack over your local baker's head and took him to your house to watch Disney movies, that would be kidnapping.

[jberryhill]

87. Bingo

[me b zola]

80. He assaulted her in the entrance between two doors

He blocked one of the doors while he beat her so that no one could help her. Her lawyer has said that you can see all of this on the surveillance tape.

[Zodiak]

91. wow....what a fucker! n/t

[sonias]

8. "West held without bond"

Good for society. Keep that deranged, violent man off the streets.

I hope Tashawnea Hill and her daughter get justice in court.

:applause:


Sonia

[EFerrari]

9. Great news! Well done!

[sui generis]

11. I thought that knowingly assaulting an officer of the law or military

got you some extra cheese with those fries. :shrug: wtf?

She did identify herself as military before he started kicking her around. Oh well, he's in dookie up past his ass hairs anyway and going to be wading for a while without a boat.

[noiretextatique]

13. at some point, she did tell him she was in the military

but that didn't stop his racist fury.

[bertman]

15. So, if an off-duty cop or marine starts fucking with you and you begin to pound his sorry

ass, if he yells "I'm a cop" or "I'm a Marine (soldier, sailor, airman, coastie)" you have to stop pounding because of a law??

That seems very weird and unworkable to me.

But, I think that West, the racist douchebag might just get what he deserves. Maybe that will be a lesson to others.

[Downwinder]

18. She couldn't fight back, in case it might give the military a bad name.

[SemperEadem]

19. No, that's not what it's saying at all.

If an off duty cop/marine starts assaulting you out of the blue, you do have a right to defend yourself from it.

However, if YOU decide to assault an off duty cop/marine and they identify themselves to you and you continue to assault them, then yes, you ass is going to jail.

[Downwinder]

23. Thats what SHE was saying.

[SemperEadem]

51. no duh...

[sui generis]

20. in the case of the poe-lease it IS a capital crime

don't know about nuance of on or off duty, but if someone is fucking with you who identifies as a cop you can ask for ID. Fucking goes two ways, and that would buy you some time before commencing or continuing with the violence, plus give you a name.

If he fails to provide it you can "pound away", as you put it, if required.

[bertman]

29. This all sounds a bit "iffy" to me. So, in the middle of a fight, the cop, who is not carrying

heat, says he is a cop in order to get the assailant to stop whipping his ass. Does the assailant then have to stop the ass-kicking long enough for the alleged officer to show i.d? Would you let someone reach into his back pocket to pull out "i.d." if YOU were in a fight?

I guess they didn't tell us paratroopers about that "stop kicking my ass because I'm in the military" rule because they figured if we got into a fight we'd better figure out how to win instead of sounding like pussies begging for mercy.

Man, things have changed since I was young and full of piss and vinegar.

[mrbarber]

42. You do realize that here is no clause under the law..

That protects your "right" to whoop someone's ass?

You can defend yourself, that's it. Anything else can be considered assault. Doesn't matter what they say, you do not have the right to beat someone up. You can, however, have them arrested for verbal assault or defend yourself if you feel they are threating you with bodily harm.

[bertman]

64. Wait just a sec while I remove my tongue from my cheek.

Okay, there. I know these things. This whole notion of not beating up a cop or military type because they identify themselves as such was just too much for my tiny brain to comprehend.

[sui generis]

103. wonderful

people who don't say what they don't mean don't mean to say what they didn't intend to.

Dear paratrooper: if you parachute back into the jungle of vietnam or Germany or whichever war and jungle it was (don't even), please don't rely on my advice to get your ass out of a scrape.

But here in America, if I am being assaulted by someone who claims to be a cop or a military person, I'm going to ask them to prove it.

I'm sorry that part didn't get into the teeny brain either, but here's a foot and if you bend over I'll give it a shot.

Seriously? Did you really think I'm just a keyboard twit making up video game scenarios? Really? I'm guessing if I were a paratrooper I probably wouldn't go assaulting someone either, and then stopping to mention that I was a paratrooper. I wouldn't ask you to prove it, because you're probably a wee bit too long in the teeth and balls for me to do much other than throw a bottle of geritol at you or cut the brakes on your walker.

old fart.

[sui generis]

101. well in a civilian situation

it's likely you're the better trained fighter. I recommend you don't act like a pussy and start flailing around uncontrollably and stay in control.

Things HAVE changed since they put you in a walker.

:P

[dugaresa]

12. I am glad to hear that he got indicted

he is a scumball.

[nykym]

14. Yea! And When

He finally gets his sorry ass out of jail. He will still be banned from all Cracker Barrels.

[Ichingcarpenter]

16. If this doesn't get at least 100 rec then DU

might not be the place it used to be.

[skeewee08]

22. Amen Ichingcarpenter! I still have faith though100 rec:-)

[Demit]

27. maybe DUers don't like to feel pressured by other DUers to do something just b/c you say to.

jesus.

:eyes:

[Ichingcarpenter]

38. "Jesus"...... obviously is use in irony

for your indignation on my comment

FFS

[Demit]

66. it was used as an interjection. no irony intended.

But—FFS? Are you referring to your Facial Feminization Surgery? I hear that really helps.

[CBGLuthier]

56. Trust Me. It isn't

Nowadays DU is just a bunch of loud mouthed jerks who tell each other to fuck off or think everything is "retarded". I swear the collective IQ has dropped 30 points this year alone.

[skeewee08]

17. About time!!!!! I will spread the good news!

does anyone know how her little girl is doing? I read how scared she was and that she was literally shacking when the police arrived to comfort her; this really disgust me who would do such a thing?

Also what was West wife doing? Was she just looking on as her husband beat this woman in front of a little girl?

[muntrv]

21. How long before Rush Limpballs makes Troy West a martyr?

[madrchsod]

26. rush is heard on arm forces radio....he won`t say a thing

[subcomhd]

24. Looks like they are going to throw the book at him - good

Have drudge or fux covered this at all?

[NikolaC]

25. Good!

I hope he gets charged by the feds for violating their civil rights as well.

[varelse]

28. Good news

Another poster had mentioned that he might only be charged with a misdemeanor. I am thankful that he will be properly charged with the crimes he's actually committed, rather than merely being "slapped on the wrist".

[RamboLiberal]

34. Good - about freakin' time! nt

[DMNinFL]

35. It sounds like...

Ms. Tashawnea Hill may own a body shop when this all flushes out. I smell civil litigation after the criminal litigation.

[tosh]

36. Belated welcome to DU!

:hi:

[Cha]

40. And why not..the CrackerBarrelAsshole deserves

the Book thrown at him and then some.

This shit will not be tolerated.

[proteus_lives]

41. Good!

This asshole needs to be in jail.

[Romulox]

44. I'd like to see hate crimes charges. Federal if the state will not bring them. nt

[demoborn47]

45. Maybe alter the title a little?

I know most of us know this story and what Cracker Barrel is, but it reads like he beat a Cracker Barrel.

Hope he rots in jail, POS.

[tosh]

46. Not mine to alter.

It's the AJC headline as dictated by the format of LBN posts.

[demoborn47]

49. Wasn't talking directly to you

I was just making an observation of how it read to me. Wasn't out to point fingers, just posting out loud. My bad.

[tosh]

53. It's all cool.

:hi:

[Poll_Blind]

47. GOOD. n/t

PB

[old mark]

48. I'd like to know more about the Magistrate who dismissed the first felony

charge and let this piece of shit go free. Mr West has no business being anywhere but in prison, and that Magistrate should be looking for a new job.

Good job by the DA persuing this.


mark

[ScottLand]

50. Throw the book at him.

[winyanstaz]

52. good...I hope they throw the book at him...

and yes..it is false imprisonment anytime you hold someone against their will unless you are the law and they have broken the law.

[Uncle Joe]

54. Kicked and recommended.

Thanks for the thread, tosh.:thumbsup:

[TommyPaine]

55. Tracy Graham Lawson = Clayton County District Attorney (nt)

[rasputin1952]

57. Glad to see this creep was charged...

I wonder what a background investigation will turn up?

Seems to me, rage like that is not just "haphazard", there are underlying factors that I can only guess about.

I hope the woman and her daughter are well taken care of medically and psychologically, there are scars that will be worn by both...:(

[Mad_Dem_X]

58. Great news!

Lock that bastard up!

[Lone_Star_Dem]

60. It's good to see they're pursuing every possible charge against him.

Prosecute him to the fullest extent of the law!

[IndianaGreen]

61. Clearly a hate crime, yet Georgia doesn't have a hate crimes statute

Hopefully he will be prosecuted by Justice Department for violating the civil rights of Tashawnea Hill and her daughter's.

[greyghost]

62. Excellent eom

[omega minimo]

63. Damn straight.

:kick:

[suzanner]

65. At last. And, yes, all charges are valid.

They have adequate proof for all charges. False imprisonment means that he prevented her from leaving or getting help. (IANAL either, but spent some time in jury duty) I hope they do 'throw the book' at him.

[Deep13]

67. Are we sure we can't get Atticus Finch to shoot him?

That's what we do with rabid animals, isn't it.

[MasonJar]

68. Good! Now I hope they find him guilty on multi-counts. He should have

an interesting time in prison, very interesting.

[DirtyDawg]

73. You shouldn't be surprised...

...that a few days after this happened, somebody posted in the Atlanta Journal/Constitution's 'The Vent' (and I'm paraphrasing - and the AJC published it) - 'Sure this was a terrible thing to do, but she probably was 'smart-mouthed' in the way she spoke to him.' The way it came across was that the lady (soldier and mother) was probably being 'uppity', after all Cong. Lynn Westmoreland, (of 'uppity' fame) is from Georgia ya'know, in fact his district is just west of where this took place. Racism? So long as Republicans, and/or BlueDogs, rule the state, you can count on them feeling like they have a right to openly demonstrate it here. The only way this guy get's convicted is because the lady was a soldier. If she'd just been another black woman with a kid in tow, he wouldn't even have been charged, and if you don't believe it, then wait till the testimony in the trial, cause this guy won't plead out, he's counting on a jury of his 'peers' toi understand.

[Name removed]

74. Deleted message

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

[defendandprotect]

75. This guy is violent and needs a good deal of observation . . .

[april]

76. here are the Magistrate Court of Clayton County so who let him out

What ever magistrate let him out needs his past records looked at

here they are :



Magistrate Court of Clayton County
Magistrate Richard C. Brown
Address:
Harold R. Banke Justice Center
9151 Tara Boulevard
Jonesboro, GA 30236
Work Phone: [phone]

Magistrate Court of Clayton County
Magistrate Robert F. Dolph,Sr.
Address:
Harold R. Banke Justice Center
9151 Tara Boulevard
Jonesboro, GA 30236
Work Phone: [phone]

Magistrate Court of Clayton County
Magistrate Brad Gardner,
Address:
Clayton County Magistrate Court
9151 Tara Blvd., 2nd Floor
Jnesboro, GA 30236
Work Phone: [phone]

Magistrate Court of Clayton County
Magistrate Eunice A. McMurtry,
Address:
Harold R. Banke Justice Center
9151 Tara Blvd
Jonesboro, GA 30236
Work Phone: [phone]

Magistrate Court of Clayton County
Magistrate Bobby D. Simmons,
Address:
Harold R. Banke Justice Center
9151 Tara Boulevard
Jonesboro, GA 30236
Work Phone: [phone]

Magistrate Court of Clayton County
Chief Magistrate Daphne M. Walker
Address:
Harold R. Banke Justice Center
9151 Tara Blvd, 2nd Floor
Jonesboro, GA 30236
Work Phone: [phone]

[fir coat]

78. He put the cracker in...well, you can fill in the rest...

[jeff30997]

81. Thanks for the update.

That poor woman and her little girl must be terribly traumatized. :(

[Sarah Ibarruri]

82. I just sent this article to my family and friends with this as the subject line:

"Okay, you all get only ONE guess which party this a-hole supports (nobody gets two guesses)"

[TK421]

83. The biggest crime here? Their food isn't even that good to begin with!

what were they doing there?

[robo50]

84. End of story, keep him in prison until convicted. Then....

10-25 years this guy will be in jail..............all we need to know about him is why and how he became such a violent racist.

After that, let him rot in jail.

[NOLALady]

89. Why and How?

Let's see.

Maybe it was because of Affirmative Action. Some uppity educated Negro "took" his rightful job.

And while they are determining the "why and how", they could determine the why and how of the teabaggers, birthers, Palinites and the rest of the bottom feeders.

[The Animator]

88. You know there's gonna be ex-military waiting for his ass in that jail.

Some of the guards for sure, if not his cell mates. Sweet, sweet justice.

[Danger Mouse]

92. What a scumbag.

:puke:

[myrna minx]

93. K&R n/t

[Seldona]

95. He is in the right place,

and will be for a very long time I believe. I hope the mother and daughter are doing well.

[Joe Chi Minh]

97. Aces!

[IsItJustMe]

99. Sounds like this guy watched a little too much of Faux news. How many other people will be hurt

because of the vile hatred and propaganda that this so called news channel produces.

The people I know who watch Faux religiously, are beyond radical and are quit insane. I would bet my bottom dollar that this guy was an avid watcher.