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megimoo
12-29-2010, 05:33 PM
University Park man who killed a neighbor whose dog urinated on his lawn was sentenced today to four years probation."This is not justice," said Gail Williams, the slain man's aunt.

Charles Clements, 69, a great-grandfather, former Marine and retired truck driver who took great pride in his lawn's appearance,could have been sentenced to as much as 20 years.In declining to send Clements to jail, Will County Judge Daniel Rozak noted the episode was Clements' first contact with the legal system in his 69 years.

He also said the slaying wasn't about a dog urinating on a lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man"The Will County state's attorney's office, which had asked for jail time, indicated it would not appeal the sentence. "He (Rozak) is an excellent judge and we respect his decision," prosecutors said in a statement.Clements had apologized for his actions at a sentencing hearing that was interrupted last week when the slain man's mother began to hyperventilate in court.A Will County jury convicted Clements of second-degree murder in October.

Joshua Funches, 23, was walking his fox terrier puppy when Clements confronted him after the dog urinated on his manicured lawn.After Funches cursed at him, Clements pulled out a .45-caliber handgun and put it back in his pocket. Soon after, Funches punched Clements once in the face. Clements said Funches was standing still when he pulled out his gun and fatally shot him.


http://www.chicagobreakingnews.com/2010/12/man-gets-xx-years-in-dog-lawn-murder.html

Gingersnap
12-29-2010, 05:37 PM
I like a great-looking lawn myself but this reaction does seem kind of excessive. The guy could have pressed charges for assault after the punch. :(

Novaheart
12-29-2010, 05:47 PM
I realize that headlines are supposed to generate interest, but in the five or so articles I have skimmed while looking to find out what actually happened, each one of them starts off with the lie that Clements killed Funches for letting the dog pee on his lawn.

IF Funches struck or went to strike Mr. Clements, then the use of deadly force was justified. It's not the victim's duty to guess whether you will stop at one punch, and even one punch can be fatal.

Bottom line is respect other people's property. I say this as someone who has to pick up beer bottles every time I mow the lawn because some asshole tosses one beer a week into the lawn. I would love to catch him doing it and throw one of his bottles back at his car, but that's a felony.

Novaheart
12-29-2010, 05:49 PM
I like a great-looking lawn myself but this reaction does seem kind of excessive. The guy could have pressed charges for assault after the punch. :(

The reason you have a gun is so a 23 year old man doesn't punch you. A single punch can be life altering or fatal. Mouth get's mouth. Threats on the other hand, can be taken seriously, and a physical attack justifies lethal force in defense.

Rockntractor
12-29-2010, 05:49 PM
I realize that headlines are supposed to generate interest, but in the five or so articles I have skimmed while looking to find out what actually happened, each one of them starts off with the lie that Clements killed Funches for letting the dog pee on his lawn.

IF Funches struck or went to strike Mr. Clements, then the use of deadly force was justified. It's not the victim's duty to guess whether you will stop at one punch, and even one punch can be fatal.

Bottom line is respect other people's property. I say this as someone who has to pick up beer bottles every time I mow the lawn because some asshole tosses one beer a week into the lawn. I would love to catch him doing it and throw one of his bottles back at his car, but that's a felony.

Agreed.

m00
12-29-2010, 06:50 PM
Yeah, a punch from a 23 year old can kill a 69 year old. The shooting was completely justified.

FBIGuy
12-29-2010, 07:28 PM
Yeah, a punch from a 23 year old can kill a 69 year old. The shooting was completely justified.

But he looked 66.

Phillygirl
12-29-2010, 08:06 PM
Sounds like it was the right thing to do.

Kay
12-29-2010, 09:10 PM
I say it is justified.

1. The dead guy was trespassing.
2. The dead guy made threatening physical contact while trespassing.

and

3. The dead guy won't be doing it again.