He grabbed girl's arm -- now he's a sex offender

Chicago Sun Times ^ | 7-1-2005 | Steve Patterson

[Cagey]

Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car.

She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm.

He said he simply lectured her.

She said she broke free and ran, fearful of what he'd do next.

In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender.

While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested.

Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense.

'Most stupid ruling'

Now, he will have to tell local police where he lives and won't be able to live near a park or school.

"This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"

But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts."

[frogjerk]

Insane!

[rockrr]

It's that pesky thought police thing happening again....

[SouthernBoyupNorth]

UNFREAKINGREAL!

[tfecw]

So if he just punched her in the face it would have been assault or sexual assault?

[MarkeyD]

What do you expect from Illinois?

[patriot_wes]

"But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

BS!

[mysterio]

And this is why I'm against putting every one of them in the online database. It should be a case by case basis only.

Any senior in high school in a relationship with a sophomore is a sex offender in most states. Which means, I would guess, a sizable number of all of you are probably sex offenders. The laws have good intentions, but are poor in reality.

[Echo Talon]

WHAT! If your going to charge him charge him with assualt. "illegal touching without permission" something like that

[jtminton]

I was probably wearing a blue shirt. Many sex offenders own blue shirts, and often wear them before committing a crime. Since I am wearing a blue shirt today, I guess I need to register, too.

/stupid

[TheForceOfOne]

Zero tolerance gone mad.

[jtminton]

I was probably wearing = HE was probably wearing

[pax_et_bonum]

Frightening.

[frogjerk]

Which means, I would guess, a sizable number of all of you are probably sex offenders.

That's a pretty wide brush your painting with there. Don't assume your behavior on everybody else...

[biblewonk]

Not surprising, a lot of the sex offender thing is a witch hunt.

[frogjerk]

Zero tolerance gone mad.

Exactly. Zero tolerance without common sense is a road to hell...

[darkwing104]

You have got to be Sh*ting me!...

[SeeRushToldU_So]

The world has gone mad.

[Echo Talon]

I could see if the court had a bug up their butt to charge him with misdemeanor assault, but NOT for this!

[NonValueAdded]

It is rulings like this that will ultimately water down the protections that should be gained from the "sexual offenders" designation. I would think all those "I can't read his mind" and "proclivity to maybe" statements would be the basis for further appeals. Otherwise, males are all open to the would be rapist charge of the feminazi crowd. Should we all register? I'll bet they'd say yes!

I doubt he'd get a fair shake from SCOTUS. After all, so designating him as an offender is for "the common good" and who gives a damn about his individual rights. Not that court. The only hope he would have is if they wanted to demonstrate a move to the right to buck up the libs for their filibuster.

Hey, dude, next time just hit her with the car.