Posted on 07/01/2005 7:45:06 AM PDT by 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."
I'm arguing that you are stating that most of us are all "sex offenders". Your blanket statement condemning most of us as such is contemptible. Believe it or not, some kids were not sexually promiscuous during HS. I know it is a shock to the MSM and liberal sex experts everywhere.
Anyway, I don't see an epidemic of police arrest for 18/17 year old HS Seniors dating 16/15 HS Sophomores. I think you are stretching reality just a bit...
This is weird, and I have to agree it doesn't sound right. You shouldn't be able to convict someone or label them as something for what they "might" do, especially, when there is no clear indication that he had any such intentions.
With that said, I do think the guy is not very smart. In this day and age, whose instinct tells them to jump out of the car and grab a 14-year-old girl by the arm? Even if she carelessly walked in front of his car.. You have to know you just can't grab someone like that, even if you are angry, or want to lecture them, or whatever.
Do it to most people, and you'll get a punch in the face. Do it to a young girl, and you will raise suspicion, and be arrested. I just have to wonder what he was thinking. jmho
American courts are evil.
"Hey, dude, next time just hit her with the car."
If the situation comes up again thats exactly what he will do.
Every other adult reading this might want to consider what they would do in a similar situation. Whatever you do, don't touch anyone under 18. Your neighbors will think you are a pedophile no matter where you move to.
Wow....
L
I see these poor people are saddled with idiots. Isn't it sad that a people have to put up with a state's attorney office and judges with no more gray matter than is displayed here.
Unintended consequences stupidity --- big time!
Good God. I feel for this guy.
Why don't you argue the point instead of correcting my grammar?
Question: While you were a Senior in HS did you have sex with Sophomores? If so, you fit the posters criteria...
Hahahaha! I am also, and I understood you perfectly the first time.
A stupid judge and/or prosecutor can take any law on the books and turn it into an absurdity...
This is nuts!
This only gives your theory some legs (scrawny, short ones).
This single story took place in suburban Chicago. Remember, Chicago's bluer than blue. Chances are still awfully good that any registered sex offender in our state and your 'hood is there because he was convicted of something at least resembling an actual sex crime, and nothing even remotely as inane as this.
When I was 6 I played doctor with the neighbor girl. I'm sure I'd be on that list today.
Are you really so sure? For 99% of six year olds, I'm betting there's no way. (Maybe you're the 1%. You were there. ;O)
This happened to me once. I just called the little brat a effing dumbass and warned that next time a truck won't miss. Mean but some kids don't realise their stupidity.
What good is the "Village" if the denizens are all restrained?
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