Man does indeed get sentenced 16 years, 30 days for burning that LGBTQ flag

originally posted by: blueman12
Well homosexuals used to be arrested and jailed.. Karma i guess?

Freedom of speech is a protected right in the Constitution.

The guy is a three time loser. The maximum for arson was 5 years, so he gets triple that under their law, due to two prior convictions.

People need to research topics before posting or talking about them. The crime was arson. Burning someone elses property is arson.

I think the lesson here is to not take articles on biased sites for granted. In this case you only got half the truth.

MEANWHILE, in ANTIFA land...

Yeah.

a reply to: Blaine91555

He was charged with a hate crime.

Even if the charge was arson and the penalty 5 years, then 5 is what he should have gotten.

I'm not defending him or his character. The precedent is the point.
www.google.com...

a reply to: JinMI

The problem was the enhancement for having two prior felony convictions. He's a serial felon. Had it been his first rodeo, it would have been 5 years.

It's disingenuous to not mention that as many of the articles failed to do. I'm criticizing the click bait articles.

Not defending it at all myself, just adding real facts.

..also I should add that burning other peoples property is nothing like burning a flag you own. It is arson.

Personally I think it should have been far less, but when you have a career criminal, how do you stop them? What if he burns a church next? We are not talking a decent person here.

a reply to: Blaine91555

I'm not seeing anything about the three strike rule etc.

Only hate crime of arson, harrassment and dangerous use of fire (explosives).

a reply to: JinMI



I'm working right now or I could get more information with a simple Google search. You might dig around yourself.

Snopes does a good job of explaining it.

I know people don't like Snopes, but in this case from other reading they got it right.

So he should stick to softer crimes like rape and armed robbery according to our justice system? I don't see how this makes sense.

a reply to: Blaine91555

I'll look, and it makes logical sense.

However the charge is hate crime arson.

If he were just a habitual offender he would not be eligible for parole until at least 3 years of time served.

law.justia.com...

ETA. The statute above gives no mention of tripling the time of sentencing as Snopes states.

originally posted by: Lucky109
So he should stick to softer crimes like rape and armed robbery according to our justice system? I don't see how this makes sense.

It really does beg belief.

a reply to: JinMI

Yeah, I can only repeat what I've read.

I guess if it had been just arson it would have been 6 years for a third strike.

I actually agree it's extreme, but then the judge who dealt with him would know. Sounds like he may be quite dangerous. I don't think the hate crime label comes easily and this person is probably radical enough they know he poses a genuine risk.

I've got to get back to work, but perhaps you could find a local news source where the court is that would give full details.

Maybe Trump will pardon him just for the exploding head factor.

LINK

Local source.

convicted by a jury in November of a hate crime, third-degree harassment and being a habitual offender, which is associated with previous reckless use of fire crimes. He was sentenced Wednesday in Story County District Court, in Nevada.

All three crimes were to be served concurrent as the habitual offender charge carries a 15 year sentence and hate crime two years. Martinez is not eligible for parole until the mandatory minimum of three years is met...

Martinez gave his impact statement, and indicated that he would never stop, and was ‘living by God’s laws,’ Reynolds said.

Martinez returned to the club and told an employee that he wanted to burn a pride flag, and was going to burn down the club.

There is always more to the story than we get from click bait and biased sources. Habitual offender is 15 years on it's own.

He said himself to the judge he will "never stop". That paints quite a different picture. The church was right to fear him.

a reply to: Blaine91555

Stupid paywall. Nice find though.

The hate crime is two years.

I didn't find the statute for the habitual offender beyond the parole stipulation.

Funny

Meanwhile, an aircraft mechanic intentionally sabotages a passenger aircraft with 150 passengers, nav system..and got 3 years.

hate crimes shouldn't exist in American law , it's unconstitutional and pushes excessively harsh punishment's on people for minor crimes like assault, vandalism, defacement, graffiti. crimes should not have extra charges laid on top of them like this, this sentence is abuse of this person's rights.

originally posted by: blueman12
Well homosexuals used to be arrested and jailed.. Karma i guess?

Such a weird sense of justice to say someone deserves imprisonment because of some past injustice he has no association with.

Well gosh, I guess those Antifa folks who stole other people's flags and burned them at rallies should have been convicted for arson as well. Let me go ahead and research how many were............................

originally posted by: ketsuko
a reply to: spiritualarchitect

Oh, he did take a flag that wasn't his to burn. He would have gotten something for that and should have.

He could have murdered a straight person and got less time. Not to say he should have not been arrested, but the sentence seems quite off.