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Man arrested after posting Facebook photo of baby & gun
Fox 19 ^ | Jan 27, 2013 6:31 PM EST | FOX19 Digital Media Staff

Posted on 01/29/2013 4:39:32 AM PST by Ratman83

COLERAIN TOWNSHIP, OH (FOX19) - Police have arrested a Colerain man after he posted a photo of himself on Facebook holding his 1-year-old daughter and a BB gun.

Domonic Gaines, 22, was arrested after the incident which occurred at his home on Suliner Drive Sunday.

According to reports, police initially believed that Gaines was holding a handgun in the photo. However, police say the gun in question turned out to be a BB gun.

The photo depicted Gaines holding his daughter, Paradise Gaines, along with the BB gun. Police say that the close proximity of the gun to the child created a substantial risk of physical harm.

Police say they found the BB gun at the residence after the arrest was made.

"It's really been blown out of proportion," said Gaines' father, Wilson Dykes.

Dykes claims that it was the baby's maternal grandmother who saw the photo and called the police.

Gaines was arraigned on Monday morning on Child Endangerment charges. He's being held without bond in the Hamilton County Jail.

Copyright 2013 WXIX. All rights reserved.


TOPICS: Government; News/Current Events; US: Ohio
KEYWORDS: banglist; facebook; parenting
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To: Ratman83
What was his crime

His crime was being stupid enough to post the image on Facebook. Really.

101 posted on 01/29/2013 8:36:38 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: Mouton
Easy to spot all circled around the local Starbucks quaffing their lottes each morning around 9.

Open carry is legal in GA if you have a GA gun license. I like to wear mine in places where I know liberals hang out, but I haven't yet gotten around to doing so in a Starbucks. Thanks for reminding me to put that on my to-do list.

Open carrying in Starbucks may be a one time experience for me, because in GA the operator of a place of business can deny access to licensed gun carriers if they choose to.

102 posted on 01/29/2013 8:44:43 AM PST by epow
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To: Smokin' Joe

Yeah the 1st Amendment thing is so blasé.


103 posted on 01/29/2013 8:49:16 AM PST by Ratman83
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To: Ratman83
Note that it was the police who decided it was a weapon incident.

The grandmother just called and pointed out the picture...what motivated her was likely that she was enraged that an inner city man would dare spend time with his child.

104 posted on 01/29/2013 8:52:17 AM PST by gnarledmaw (Obama: Evincing a Design since 2009)
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To: gnarledmaw

Well they are here to serve and protect. /s


105 posted on 01/29/2013 9:25:03 AM PST by Ratman83
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To: Ratman83
Dykes claims that it was the baby's maternal grandmother who saw the photo and called the police.

Note to the maternal grandmother: I will be amazed if you are EVER again allowed near your granddaughter. If such a frivolous complaint were filed against me, I would cut you completely and totally out of my life, my child's life, and any other contact with impressionable children that I could end. Some acts are so meddling and so petty that forgiveness comes eventually but at a very steep price that does not include forgetting.

106 posted on 01/29/2013 9:28:52 AM PST by Pollster1
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To: epow
epow said: "Stupid yes, but not illegal."

Please explain the "stupid" part.

Is it stupid to put any photo on the net?

Is it stupid to put on a photo of a gun?

If a person who owns a gun puts a picture of it on the net, and it is possible to prove that the same person has custody of a child, is that "stupid"?

The risk to the child in the picture is no greater just because the child is pictured. Nor is the risk greater because the gun is pictured.

Does this mean that is is "stupid" for any person who owns a gun and has custody of a child to post a picture of themselves?

What is "stupid" is the notion that child protective services do not appear to operate based on "probable cause" and the necessity for a warrant swearing to the existence of that probable cause.

I don't see how any judge justifies not releasing this person immediately. Failing to do so is not only "stupid", it is tyranny.

All of the "stupid" in this case belongs to the government.

107 posted on 01/29/2013 9:30:59 AM PST by William Tell
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To: Pollster1

Mom and Dad are not married and are sharing custody. Dumb grandma will not be restricted by her daughter.


108 posted on 01/29/2013 9:35:46 AM PST by Ratman83
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To: from occupied ga

Know what my favorites are? The ones that say, “Oh well he had some sort of ‘prior’ so anything they did to him was justified.”

Gag city.


109 posted on 01/29/2013 9:54:08 AM PST by TalonDJ
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To: Ratman83
being held without bond in the Hamilton County Jail

Obviously not an illegal immigrant!

110 posted on 01/29/2013 10:00:02 AM PST by jda ("Righteousness exalts a nation . . .")
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To: TalonDJ
Oh well he had some sort of ‘prior’ so anything they did to him was justified.”

Probably caught running a stop sign - easily justifies life in prison if not immediate execution without a trial

111 posted on 01/29/2013 10:02:30 AM PST by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga; TalonDJ

I am surprised he was not shot on the spot, while holding his daughter.


112 posted on 01/29/2013 10:09:49 AM PST by Ratman83
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To: jda

Yea an illegal would be out and given money for the inconvenience.


113 posted on 01/29/2013 10:23:51 AM PST by Ratman83
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To: William Tell

Stupid as in they will use any excuse to take your gun. Now that he has an arrest in his record goodbye any chances of ever owning a real one.

My brother predicted that they will start with trickery first. This is what he meant. Get a speeding ticket, turn in your guns. Fall behind on child support, guns gone. etc. File taxes late, by bye weapon.


114 posted on 01/29/2013 11:14:12 AM PST by USAF80
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To: USAF80
USAF80 said: "Now that he has an arrest in his record goodbye any chances of ever owning a real one."

An arrest doesn't disqualify one for gun ownership.

This man has committed no crime. The police who arrested him should have known this. The man has an excellent case for false arrest.

115 posted on 01/29/2013 11:28:46 AM PST by William Tell
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To: William Tell
An arrest doesn't disqualify one for gun ownership.

Tell that to a friend of mine. He still haven't gotten his rifles back. Bogus arrest and charges dropped.

116 posted on 01/29/2013 11:43:38 AM PST by USAF80
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To: USAF80
USAF80 said: "Bogus arrest and charges dropped. "

Can he pass the background check and purchase some replacements? I wouldn't let confiscation leave me disarmed unnecessarily.

117 posted on 01/29/2013 12:23:46 PM PST by William Tell
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To: William Tell

It is in NY so I have no idea now. His lawyer claimed that since he was unemployed at the time he would have a hard time convincing the judge to get his guns back.

I have no idea why that was even an issue.


118 posted on 01/29/2013 12:38:57 PM PST by USAF80
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To: Ratman83
I would set bail at the amount of back child support he owes.

If he is up-to-date, upstanding citizen, and he walks.

119 posted on 01/29/2013 8:09:26 PM PST by swamp40
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To: William Tell
Please explain the "stupid" part.

This may not be sufficient to explain the "stupid part", but I'll give it a shot. I'll admit that it might have been more appropriate for me to have said that it was not a good idea to post the picture at the time he did. Anyway he didn't commit any crime and the really "stupid" part of the entire affair is the part in which he was arrested and is being held in custody for simply doing something that is not a crime by any cop's or judge's interpretation of the law.

If the young man had posted the photo before the Connecticut school shooting it would not have been stupid, However, it just seems to me that in light of the general public's incredibly emotional reaction to the school shooting it was stupid of the guy to post a picture of himself holding what would probably appear to most people to be a real gun while also holding a small child. If he had posted the photo prior to the school shooting and the unprecedented hyper-emotional reaction of the American people, most of whom have already been brainwashed to fear guns and gun owners, I doubt there would have been much, if any, outraged reaction to the poor guy's picture.

For all I know he may have a higher IQ than most rocket scientists, but I still think it was was stupid of him to post that picture while the public's overly emotional reaction to the Newtown school shooting was at it's highest point. What he did was certainly not a crime, and it is outrageous that he was arrested for doing something that is not a crime by any interpretation of Ohio's laws. On the other hand, if he actually posted the picture before the school shooting took place it wasn't stupid to do so and I'm the stupid one for not checking out that possibility.

120 posted on 01/29/2013 11:18:39 PM PST by epow
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