BREAKING NEWS: Six Logan residents won't face federal hate crime charges

Source: Charleston Daily Mail

U.S. Attorney Charles Miller today said his office will not bring federal hate crime charges against the six suspects involved in the Logan County torture of a 20-year-old Charleston woman.

Logan authorities have said Megan Williams, who is black, was kidnapped, sexually assaulted and forced to eat rat and dog feces by at least six persons, all white. Criminal complaints state that her captors told her she was being tormented for being black and called her "nigger" while assaulting her.

Miller, attorney for the southern district of West Virginia, said his office would defer to the Logan County prosecutor, who is pursuing state charges against the six. Logan officials have not determined whether they will charge the six under the state hate crime law.

"We've concluded it's probably best to let the state prosecutor go forward with the charges," he said.



Read more: http://www.dailymail.com/story/News/2007091276/BREAKING-NEWS-Six-Logan-residents-wont-face-federal-hate-crime-charges/

---

more info here:

W. Virginia Victim Knew Torture Suspect
Woman Tortured, Forced to Eat Rat Droppings For 4 Days
Last Edited: Wednesday, 12 Sep 2007, 2:22 PM CDT
Created: Wednesday, 12 Sep 2007, 2:22 PM CDT

BIG CREEK, W.Va. -- A young black woman who authorities say was tortured for days at a remote hillside home, sexually assaulted and forced to eat rat droppings was not a random target, the county prosectutor said Wednesday.

One of the six suspects arrested in the case, Bobby Brewster, had a previous relationship with the victim, Logan County Prosecutor Brian Abraham told The Associated Press. He said Brewster had been charged in July with domestic battery and assault after a domestic dispute involving the same woman.

more: http://www.myfoxnewisconsin.com/myfox/pages/News/Detail?contentId=4337073&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.3.1

The state can still go ahead with hate crime charges.

Interesting twist that the victim was romantically involved with one of the perps at one time.

the feds are satisfied the state will do a good job and so they're bowing out

It says she is a victim of sexual assault, yet they printed her name. What's up with that?

If the victim says it's fine to give her name then I don't see the problem with printing it.

Another article says she may not have a very high IQ, and if that's the case, perhaps she isn't really capable of giving consent to have her name published. If I were an editor or a producer, I would have a problem with her mother giving consent and the victim maybe not being too aware of the consequences of having her name out there. Regardless, I don't think they should use her name for the time being, even if the mother says it's okay.

http://news.aol.com/story/nc/_a/details-emerge-in-horrific-torture-case/20070911152309990001

After that a name is nothing.

Doesn't really matter that they won't be prosecuted for hate crimes. They will still hit them with the crimes of kidnapping, battery, maybe attempted murder. These guys will spend a long time in jail. Just because a hate crime is not filed does not mean they're getting off.

For sexual assault: 15-35 years
For kidnapping: 10 years
For assault/battery: 5 years
For a hate crime: 10 years

With the hate crime charge:45-60 years in prison
Without the hate crime charge:30-50 years in prison

Under federal guidelines they could be looking at life.


The attempted murder could be hard to prove, even in this case, because the prosecution would have to show that the defendants had a specific intention to kill.

Proof of mens rea
There must be more than merely preparatory acts and, although the defendant may threaten death, this may not provide convincing evidence of an intention to kill unless the words are accompanied by relevant action, e.g. finding and picking up a weapon, and making serious use of it, or making a serious and sustained physical attack without a weapon.

does it take for it to be a hate crime????how do they decided what is a hate crime??

I'm an attorney and I've never been that jazzed up about motive. Seems to me that whether someone hits you in the head with a brick to take your money, or hits you in the head with a brick because you're a minority, the end result is the same. You've got a victim who got bashed in the head. The precise reasons the perpetrator did it don't really matter to me.

Isn't motive one of the primary differences between manslaughter and murder?

:shrug:

I think that's more of an issue of intent. There is a difference between intent and motive. I am assuming for this argument that we can agree that the perpetrator had the intent to bash the victim in the head with a brick. Motive goes to WHY the perpetrator did it, i.e., the reason he did it.

To me, whether you kill someone to take $20 out of their pocket, or kill them based on hatred, both crimes are equally heinous and deserve equal treatment.

not have been charged with a hate crime? They were kidnapped, tortured for days, and then murdered. The victims were white and the perpetrators were black.

While she watched, these creeps, cut off Christian's penis, and then shot him and set his body on fire. Following that they brutally raped and tortured her for 4 days, cutting off her breast and urinating on her, among other acts. Like this case, it wasn't only males.

So why no hate crimes prosecution? Presumably because they didn't have the requisite elements to bring the charge. And before I leapt to conclusions in this case, I'd take that possibility into consideration.

http://www.volunteertv.com/special/headlines/5483316.html
http://www.snopes.com/politics/crime/newsom.asp

Also, the mutilations you describe did not occur. What happened was terrible, but not quite as inflammatory as your story would sugges


http://en.wikipedia.org/wiki/Murder_of_Channon_Christian_and_Christopher_Newsom

but really, my point is not that those charged with this crime should have been charged with hate crimes as well, but that we just don't kow enough about the West VA case to say that not charging the perps stems from racism.

and other white supremacist sites to equate that crime with this one?

I guess we're all equal, right? For Christ's sake....

However snopes records that the mutilations perhaps did not take place. Also other elements of the crime initially reported in the news were not totally correct.

Not to say that it wasn't a horrific crime, it was, and I hope all involved will receive just punishment.

IMO there was nothing significant in the commission of the crime that would lead me to believe that it was a hate crime. It appeared to be a random multiple murder of epic proportions.

http://en.wikipedia.org/wiki/Murder_of_Channon_Christian_and_Christopher_Newsom

They said that they would the state presecute the case.

...could probably be used to argue that this was some sort of 'personal retribution' which "got out of hand". Hand that to to a Right Wight Judge and this will probably plea bargain down to some ridiculously low sentences, particularly for the "minors."


Why did the feds back off this one so rapidly?
Will the prosecution pursue this vigorously or take a plea to guarantee a result?
Who has the defendants' backs? A public defender, or a big name firm?


Sadly the answers are more likely than not to be:

• A can of worms destined to upset some people no matter what the outcome. Best to quarantine inevitable fallout to the state (or lower level).
  
• 2-5 year terms, possibly suspended for the "children".
  
• Denny Crane.

And don't look too far to the right to lay the blame. As far as it has progressed, America as a whole still hates a "nigger" (particularly one who dares to forget his or her place). At best It does not care enough to offer succour to a black man or woman beleaguered by the forces of hate.

Even amongst those who "support" equality, such support can be quite intellectual and quickly forgotten when one's comfort zone is compromised. Nor does it stop at the differently hued. (There's a pun there I'll leave well alone for non-heterosexuals) Gay, Socialist, Pagan, Catholic, (non-Catholic), Islam, and on and on, each receives its dose of bigotry. And it matters little that the "law" is on their side if the will of the people is not.

:shrug:

Since 1991, police have filed 108 criminal charges against the six. Frankie Brewster, 49, had the most with 33; Alisha Burton, 23, of Chapmanville had 20.

The most serious of the previous charges was filed against Brewster, the owner of the Big Creek mobile home. She was charged in 1994 with first-degree murder, but pleaded guilty to lesser charges of manslaughter and wanton endangerment. Brewster was released from prison in 2000 after serving five years in the death of 84-year-old Polly T. Ferrell, court records show.

In the Williams case, Brewster, 49, was charged with kidnapping, sexual assault, malicious wounding and giving false information during a felony investigation.

Brewster's son, Bobby R. Brewster, 24, also of Big Creek, was charged with kidnapping, sexual assault, malicious wounding and assault during the commission of a felony.

Danny J. Combs, 20, of Harts, was charged with sexual assault and malicious wounding.

Karen Burton, 46, of Chapmanville, was charged with malicious wounding, battery and assault during the commission of a felony. Her daughter, Alisha Burton, and George A. Messer, 27, of Chapmanville, were charged with assault during the commission of a felony and battery.

In May, Alisha Burton was accused of striking Messer with a shovel and smashing the window of another woman's car. Burton was charged with domestic assault and battery and destruction of property, court records showed. Those charges are pending.

All six remained in custody Tuesday in lieu of $100,000 bail each, and all have asked for court-appointed attorneys.

The home is now quiet. Newborn pups sleep in the entryway to the small shed, their mother protectively barking at approaching strangers.

more at article:
http://news.aol.com/story/nc/_a/details-emerge-in-horri...

You must mean that these pillars keep the police department busy and maybe even justify HAVING a police department in this community?

And their "play" with this young lady was just business as usual when they the locals get bored.

Especially if what they put this woman through isn't based on hate, what was it a cultural mind set gone haywire?

"Federal charges tend to carry a more severe penalty, he said. But hate crimes charges are usually filed against those who intend to prevent their victim from exercising a federally protected right, such as voting, gaining employment or housing, according to a federal hate crimes law passed in 1968."

I guess the US Attorney didn't read this part:

Penalties for hate crimes involving firearms are prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can bring life terms or the death penalty.

WV Sexual Assault

West Virginia Criminal Law: Regarding Sexual Assault
Chapter 61, Crimes and their Punshishment, Article 8B, Sexual Offenses

--------------------------------------------------------------------------------

61-8b-1. Definition of Terms
In this article, unless a different meaning plainly is required:

"Forcible compulsion" means:
(a) Physical force that overcomes such earnest resistance as might reasonably be expected, under the circumstances; or
(b) Threat or intimidation, expressed or implied, placing a person in fear of immediate death or bodily injury to himself or another person or in fear that he or another person will be kidnapped; or

For the purpose of this definition "resistance" includes physical resistance or any clear communication of the victim's lack of consent.




"Physically helpless" means that a person is unconscious or for any reason is physically unable to communicate unwillingness to an act.

"Sexual contact" means any intentional touching, either directly or through clothing, of the anus or any part of the sex organs of another person, or the breast of a female or intentional touching of any part of another person's body by the actor's sex organs, where the victim is not married to the actor and the touching is done for the purpose of gratifying the sexual desire of either party.

"Sexual intercourse" means any act between persons not married to each other involving penetration, however slight, of the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of another person.

"Sexual intrusion" means any act between persons not married to each other involving penetration, however slight, of the female sex organ or of the anus of any person by an object for the purpose of degrading or humiliating the person so penetrated or for gratifying the sexual desire of either party.

"Bodily injury" means substantial physical pain, illness or any impairment of physical condition.

"Serious bodily injury" means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.

"Deadly weapon" means any instrument, device or thing capable of inflicting death or serious bodily injury, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.



--------------------------------------------------------------------------------

61-8b-2. Lack of Consent
(a) Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.


(b) Lack of consent results from:

Forced compulsion; or

Incapacity to consent; or

If the offense charged is sexual abuse, any circumstances in addition to the forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

(c) A person is deemed incapable of consent when such person is:


Less than 16 years old; or

Mentally defective; or

Mentally incapacitated; or

Physically helpless.



--------------------------------------------------------------------------------

61-8b-3. Sexual Assault in the First Degree
(a) A person is guilty of sexual assault in the first degree when:

Such person engages in sexual intercourse or sexual intrusion with another person and, in so doing:
(i) Inflicts serious bodily injury upon anyone; or
(ii) Employs a deadly weapon in the commission of the act; or


(b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than 15 nor more than 35 years, or fined not less than $1,000.00 nor more than $10,000.00 and imprisoned in the penitentiary not less than 15 nor more than 35 years.



So instead of life in a federal prison, these people are looking at 15-35 years. I would think that life in prison or a death sentence would be more severe, but I'm not a US Attorney.

Not sure what they could get for the kidnapping or other charges, but it would be better if the sentences were served consecutively.

the victim was formerly a victim of a "domestic" dispute with one of the creeps, which suggests she was not chosen at random because of her race, but rather picked up specifically to be tortured by the abuser and his family

this is a terrible thing and needs to be harshly punished but strictly speaking it might be hard to convince a jury that this falls under the purview of "hate crime"

but i don't think we need to be too fearful that these creeps will see the light of day again, they're repeat offenders and presumably their sentences can be sufficiently enhanced to remove them from society on that basis

not a lawyer just speculating

Not like there's a history and culture of committing these horrific acts against black women in this country so we're all good, right?

I can't wait for the rape apologists to enter this thread to throw out "Tawana Brawley"

Kill and torture a dog. Throw the book at the...KIDS THAT DID IT...Write a song...Global outrage.

Kidnapp, sexually assault and force a fellow human being to eat rat and dog feces...what next? A slap on the wrist...oh, right. They had puppies that were doing fine...got it.

Ok, right. Did I just walk onto the set of the Twilight Zone?

Edited to add: I know they will get time...I just can't see the logic of all this...

reminded me of a quote I read the other day.

"26 people killed in the film and no one bats an eyebrow. One dead animal, and all hell breaks loose." - Francis Ford Coppola, on the furor over the Horse's Head scene in The Godfather

This is in the same category as the torture in Abu Ghraib in my view.

:wtf:

After what the reports are saying this sista went through at the hands of these fucks? Give me a break! I'm almost scared to think what West Va. won't do in terms of charging them.

1984

unless you're a minority on the receiving end. Then it's all too real.

A better literary reference would be Lord of the Flies or, for an Orwellian take, Animal Farm.

I think the contemporary definition of Though Crime a person who merely thinks about a crime yet does not act on it-- made trendy in conversation by talk radio hosts. Seems to me that it contrasts starkly against a Hate Crime, which is a crime that has already been committed, yes?

And you don't see a precise, relevant and valid difference between the two?

at a random person who represents a particular group of people. The key is the word "represents". Thus, Matthew Shepherd was tortured and left to die as a representative gay person. Any gay person would have made a satisfactory victim and only a gay person would have been attacked by the pair involved. Typically, the victim of a hate crime is previously unknown to the criminal(s) and the crime is done in such a way as to make an "example" of the victim.

To be honest with you, it sounds to me like the Feds are gonna let the state take on that prosecution, and maybe the intention is to ask for consecutive sentences for each charge. If these folks are multi-time losers, then they are probably gonna go away for a very long time anyway, but if the state asks for the sentences to be consecutive then the possibility of parole is about nil.

I think there is some very real danger in charging a hate crime and making it stick. If the local jurisdiction deals with it and charges based on what can be proven rather than motive, those folks are gonna be off the streets--which is the ultimate goal of prosecuting it--right?



Laura

If they charge them as a hate crime, they get 10 years, max. If they charge them with kidnapping, they get life.

I don't understand how someone can live with themself after committing such acts. It's beyond comprehension....