We have previously seen the trend of people who post on sites like Facebook and then find the postings used as evidence against them. The latest is Andre Curry, 21, who was charged Tuesday with aggravated domestic battery after he posted a photo of his 1-year-old daughter bound in duct tape on Facebook.
I am in Chicago for the holiday and this is big news here after an outcry to find the person.
Curry allegedly posted the picture with the photo read, “This is wut happens wen my baby hits me back.”
Police have been looking for Curry since December 14th.
The charge would suggest that the police believe they have enough for the higher felony.
Under Illinois law, the base offense is defined:
Sec. 12‑3.2. Domestic battery.
(a) A person commits domestic battery if he or she knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household
member;
(2) Makes physical contact of an insulting orprovoking nature with any family or household member.
The aggravated battery provision has an interesting use of strangulation as the distinguishing element:
§ 12-3.3. Aggravated domestic battery.
(a) A person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.
(a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a-5), “strangle” means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.
Blocking of the mouth is treated as strangulation.
Curry’s most obvious defense would be that this was a joke and done with the consent of the child without harm — thus does not satisfy the base offense definition.
Source: NBC
FLOG THE BLOG: Have you voted yet for the top legal opinion blog? WE NEED YOUR VOTE! You can vote at HERE by clicking on the “opinion” category. Voting ends December 31, 2011.
pete/Frankly,
For the love of comedy, it is better to err on the side of bad taste than to lose the funny. A joke never harmed anyone. Well . . . except maybe this one:
Frankly
1, December 22, 2011 at 3:55 pm
In rereading my original comment I may have been more flippant than I intended. Its my sick sense of humor that gets me in trouble. Obviously this guy needs to have the kid taken away & hopefully the courts will deal with him in a manner he deserves.
=========================================================
i hear ya. sometimes i have to duct tape my fingers together.
A one year old child cannot consent to much of anything except food, water and hugs. I’m a strong believer in timeouts but they’re a bit much for a one year old. And what about psychological damage?
He also demonstrated mixed messages for his child: that hitting is way of dealing with problems, but when she mimicked him, he punished her further. Confusion for the child. Not good. He’s probably just mimicking his own father. Time to stop the cycle of violence.
The guy should be charged with battery. Punishment should include intensive parenting classes but no community service with children. At 21 the judgement part of his brain may not yet be developed. well, obviously it isn’t, but this is the biological truth with young men in their teens and into their 20s. ( I know a few much older than that whose judgement hasn’t developed much but that’s a different story.)
Blouise,
Wow! That will get his attention! 🙂
Duct tape?! Go ahead and slap a piece of it across your own mouth and then try to get it off without pain. That’s the demonstration I’d use in the courtroom except I’d slap it on the guy’s balls …
Hoosierlaw: “Seems like a pretty simple win for the defense.”
Except for what happens in a jury room stays in a jury room. Show that picture and message to 12 normal people and that “father” goes to jail, period. If not, just shoot me now.
win for the defense; lose for the defenseless child
The comments on this post are the reason why this case would never go in front of a jury. The picture is admittedly disturbing; however, Turley is right in that if there was no harm the State can’t make their elements. Seems like a pretty simple win for the defense.
“Curry allegedly posted the picture with the photo read, “This is wut happens wen my baby hits me back.””
…hits me BACK…
yes, Raf, he’s hitting her.
Mespo, with all due respect, maybe I’m just growing less tolerant of ‘teh stupid’ with age but IMO change his venue to Texas.
In rereading my original comment I may have been more flippant than I intended. Its my sick sense of humor that gets me in trouble. Obviously this guy needs to have the kid taken away & hopefully the courts will deal with him in a manner he deserves.
Like Faddah an Muddah eh?
I have a concern that this “dad” might be hitting the one year old also. I hope DCFS is investigating also. If it was not a very bad joke, I tend to agree that this guy needs to be put away for awhile.
How can a minor “consent” to this battery under Illinois law. This kid lacks the legal capacity to consent to anything, including being bound and having her mouth ductaped. Hope they catch this cretin. Or, maybe it’s all just a hoax.
Mespo: I wouldn’t want this man anywhere near children. I personally would sentance him to hard time in the Cook County jail (assuming the crime was committed in Cook County) and forget community service. If I DID sentance him to community service it would be working in a food bank, fixing up old ladie’s houses, etc. No contact with children.
I am fortunate to have found your voice today.
I stand with you.
Hitler was able to gain his power when the German people wanted change and they were fed up too.
Please keep on talking and we will all try to get your voice heard.
Godspeed.
MS, in AZ
As an observer, I am studiously trying to find the humor in this picture. Finding none, I’d judge this guy guilty and sentence him to community service at the nearest Children’s Hospital. 200 hours sounds about right. They need help, and so apparently does he.
The child needs to be interviewed. If this perp tied the child up like this he should be prosecuted. A judge might consider posting photos of the perp in jail, in the jump suit. A person who goes to his trial might photograph the perp in the dock–hopefully in an orange jumpsuit. Pictures of the perp need to be posted on large bulletin boards in his county of residence. Facebook is not good enough for him.
Can we say….In Custody of the CPD….In Jail…No Bond….Now where the hell is Drew Peterson when you need him….
I dont know, it seems pretty evil to me. what if the child had a stopped up nose and could not breathe? this is attempted murder in my book and the guy should be put in jail and the child should be taken away.
I can say as a father, I never once had the urge or the thought to throw a child in a dark closet let alone with duck tape on their hands and mouth.
I think time out sitting in a corner is sufficient.
This is completely outrageous, what a low life.
“Curry’s most obvious defense would be that this was a joke and done with the consent of the child without harm — thus does not satisfy the base offense definition.”
This off/on topic regarding a defendants defense in this case was a horrific crime :
Lawyer For Accused Killer Levi Aron Says Inbreeding Partially To Blame For Crime
http://newyork.cbslocal.com/2011/12/21/lawyer-for-accused-killer-levi-aron-says-inbreeding-partially-to-blame-for-crime/
The community is very upset with the defendants attorney for using this type of defense in this case.
Ya know, as a dad I completely sympathize with the desire to do this. Probably not a good feeling to act on though.
There was a guy in Saint Paul a couple years ago got busted for putting a dog shock collar on his kids. Same sort of deal. You may have those urges but you know better – hopefully.