Academia, Criminal law

Protests Arise at UW-Madison After Alleged Assailants of Chinese Student are Charged with Misdemeanors in Brutal Attack

There is a controversy at the University of Wisconsin this week after the Dane County District Attorney’s Office in Wisconsin filed misdemeanor battery charges against three teens suspected in the brutal assault of a UW-Madison Chinese PhD student. The Asian community denounced the crime as race related (which the University denies). Asian students protested the treatment of the case at the university. Many objected to not only the rejection of hate crime charges but the use of misdemeanor rather than felony charges. The reason, however, appears a key distinction in the Wisconsin criminal code.

Alijah C. Johnson (19), Cashius E. Carter (18) and Abdoulah C. Traore-Flores (17) have pleaded not guilty to battery and disorderly conduct charges for the June 14 attack, according to the Wisconsin Court System website. A fourth minor was also arrested in the attack.

The same group was  accused of throwing a banana at another Chinese student earlier that night and allegedly carrying out two other battery incidents on June 12 against a white male and a Hispanic man. The fact that they attacked other races led the University to conclude that this was not a racial attack.

The reason for the misdemeanor charges appears to be the distinction under Wisconsin (and other states) between batteries that cause serious bodily harm or lesser injuries. Here is the provision:

“940.19  Battery; substantial battery; aggravated battery.

(1)  Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.

(2) Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class I felony.

(4) Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class H felony.

(5) Whoever causes great bodily harm to another by an act done with intent to cause great bodily harm to that person or another is guilty of a Class E felony.

(6) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony. A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises if the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.”

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While the student in this case might challenge the characterization of having minor injuries when he was left with extensive bruises and a bleeding head, prosecutors tend to look for hospitalizations or serious medical interventions as evidence of serious bodily injury.

The problem is that this means that, so long as you confine these attacks to simple beat downs, you can avoid a felony charge even though there is a pattern of alleged attacks. It would seem more appropriate to allow felony charges not only for serious bodily injuries but for a pattern of multiple such attacks. Instead, such pattern evidence can be weighed in the sentencing on the misdemeanor charges.

 

 

42 thoughts on “Protests Arise at UW-Madison After Alleged Assailants of Chinese Student are Charged with Misdemeanors in Brutal Attack”

  1. AMERICA’S UNTOUCHABLES ON A PEDESTAL – IMMUNE AMIDST FALSE AND FALLACIOUS IDOLIZATION
    __________________________________________________________________________________________

    THESE AFRICAN-AMERICAN MURDERERS SHOULD HAVE BEEN DRAWN AND QUARTERED

    George Geovonni “Detroit” Thomas, Letalvis Darnell “Rome” Cobbins, Lemaricus Devall “Slim” Davidson, Vanessa Lynn Coleman, Eric DeWayne “E” Boyd
    ____________________________________________________________________________________________________________________________

    Murders of Channon Christian and Christopher Newsom

    On Saturday, January 6, 2007, Christian and Newsom planned to go out for dinner together and then attend a friend’s party. That afternoon, Christian went to a friend’s apartment to get ready. At around 8:00 pm, Christian’s friend went to the party and Christian stayed behind and waited for Newsom to pick her up. Newsom arrived and he and Christian went to the apartment complex parking lot. The assailants observed Christian and Newsom standing close to Christian’s vehicle in an embrace. They then decided to attack the couple. Both were forced into the backseat of Christian’s SUV at gunpoint, had their hands tied behind their backs, and were taken to Davidson’s house at 2316 Chipman Street. Both Christian and Newsom were raped. Newsom is believed to have been raped inside Davidson’s house. According to the testimony of the Knox County Acting Medical Examiner, Newsom was sodomized with an object and raped by a minimum of one of the perpetrators. He was then taken to a set of railroad tracks where he was forced to walk barefoot to the location where he was murdered. Prosecutors believe a mangled dog leash found on a hillside leading up to the railroad tracks was used to force Newsom to walk to his death.[48] When Newsom was murdered, his hands were bound behind his back and his feet were bound together. He was blindfolded with a bandana and gagged with a sock. He wore only a shirt and underwear. Newsom was shot in his neck and the back. Newsom was still alive, and after a while they shot him in the back of his head. The fatal shot was fired with the muzzle of the gun against his head above his right ear and it severed his brain stem. After killing Newsom, the assailants set his body on fire. Christian was held prisoner inside Davidson’s house, mostly in the north bedroom. Prosecutors believe that Coleman held Christian captive while the male offenders were murdering Newsom. After murdering Newsom, the assailants returned to Davidson’s house where they beat and repeatedly raped Christian. The medical examiner testified that Christian died after hours of sexual torture, sustaining severe head injuries and suffering severe injuries to her vagina, anus, and mouth due to sexual assaults. Her injuries were consistent with being raped with an object. According to the medical examiner, the sexual attack Christian endured was “extreme” and “much more than a simple sexual assault.” Prosecutors believe that Christian was tied to a chair and orally raped by Davidson and Cobbins. Christian was also anally and vaginally raped. She was also beaten and kicked in her vagina and beaten on the head. Christian suffered extensive hemorrhaging to her head and vaginal area. Additionally, Christian suffered bruises and carpet burns on much of her body. According to Davidson’s confession, during Christian’s captivity, she said she “didn’t want to die.” Before killing her, in an effort to remove DNA evidence, Christian’s attackers poured bleach down her throat and scrubbed her body, including her bleeding and battered genital area with it. Christian was bound in a hog-tied fashion with curtains and strips of bedding. Her face was tightly covered with a small trash bag and her body was stashed in five large trash bags. Christian, who was naked except for her camisole and sweater, was tied in a fetal position and placed inside a residential waste disposal unit, and covered with sheets. The medical examiner testified at trial that there was evidence that Christian slowly suffocated to death. Christian died between the afternoon of January 7 and the afternoon of January 8. As Christian was suffocating to death, Davidson left to spend time with his girlfriend and gave her Christian’s personal items. Davidson also used Newsom’s cellphone and was seen wearing Newsom’s shoes.

    – Wiki (condensed)

  2. Diversity [dogma] (i.e. color judgment, class-based bigotry), Inequity, and Exclusion (DIE) policy in the modern model has progressive consequences. #HateLovesAbortion

  3. Me-thinks … there are 3 racists involved in the various assaults/batteries … 3 so-called “black” men injure others who are not “black.” I guess the folks at the university missed the facts or, more likely, chose to ignore them as those doing the wrong are so-called “black” people. ‘Nuff said.

  4. “The fact that they attacked other races led the University to conclude that this was not a racial attack.” Actually, it possibly illustrated that the defendants were violently racist against a variety of races.

    In some black communities, there is violent hatred against whites, Asians, Jews, and Latinos. Blatant racist has been encouraged for decades with the predictable result. Such sayings as “it’s impossible to be racist against white oppressors” bears rotten fruit. Black activists spread racist against whites, claiming that whites are the source of all their problems, and that all whites are racist. There is even a common trope that all whites are born with inherent racism. They hate Asians because statistically they are studious, do not commit crimes, hold traditional values, and are therefor successful. Instead of emulating their successful tactics, they blame them. They hate Jews because, again, statistically, Jewish people are more studious and successful. The antisemitism rife in BLM was both shocking, and totally ignored by the media. They hate Latinos because illegal immigration wiped out the entry level job market, and harmed the poorest Americans the worst.

    A couple of towns away, there are schools that self-segregated due to race. Black and Latino kids warred with each other until majority black schools pushed out most of the Latinos, and majority Latino schools pushed out most of the blacks. If a group saw a child of a targeted race, they would gang up on him and beat him. There are often fights between girls, too. We parents hear about massive fights at these schools every single week. I thank God that behavior hasn’t spread to my son’s school, but if it ever did, I’d go back to homeschooling.

    Society needs to hold black Americans to the same standard of behavior as the rest of us. Americans would look the other other way for rioting of any other ethnic, racial, or political group. Yet black people have rioted with some regularity over the past 50 years. Being mad is no excuse. Society overlooks the extraordinary high rate of crime in black communities. The root cause of absentee fathers and single motherhood should have been prominently debated. Society needs to stop excusing black supremacy or black racism against other races. These constant excuses that racist is OK because the target belongs to a statistically more successful group is irrational and false logic. There is no excuse to beat and sexually assault an Asian model on a subway platform. No excuse to deliberately target Jewish businesses.

    There are plenty of middle and upper class black families. They have nuclear families, study hard, don’t commit crimes, and are successful. Why in the world has the worst of them been held up as representative of the entire demographic? The gangs of Compton don’t represent black Americans any more than the meth addicts represent white Americans. Someone, tell Hollywood.

    https://bonniekgoodman.medium.com/black-anti-semitism-is-a-very-big-problem-and-i-experienced-it-e0bef0ee06

    1. Well, I don’t know whether to blame autocorrect or my clumsy fingers, but most mentions of “racist” was supposed to be “racism.”

  5. New Orleans Mayor LaToya Cantrell firmly defended her decision to show up in court in support of a juvenile carjacker who used a fake gun to traumatize and steal cars from victims, but who she said has since turned his life in a positive direction with the help of a program she oversees.
    https://www.wwltv.com/article/news/local/new-orleans-mayor-latoya-cantrell-upsets-carjacking-victims-with-court-appearance/289-dc0de561-0270-42a1-a9cc-cf9d5f8f31dc

    Apparently Mayor Cantrell is oblivious to the fact that she was elected to oversee the entire city of New Orleans. For the Mayor to show up at court in support of the defendant’s family while leaving the victims to suffer watching their attacker get probation is appalling.

    The Complete Perversion of the Law
    But, unfortunately, law by no means confines itself to its proper functions. And when it has exceeded its proper functions, it has not done so merely in some inconsequential and debatable matters. The law has gone further than this; it has acted in direct opposition to its own purpose. The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense.     Frederic Bastiat, The Law

  6. Why is there such an overwhelming incidence of black on Asian violence? Why haven’t our “leaders” who are quick to talk about white supremacy, not speaking out on this?

    1. They will never talk about black on Asian crime… ever. Neither will CNN, MSNBC or the NYTimes. Easier to go voter Christian bakers.

  7. The key factor seems to be whether the result of the attack was just “bodily harm” or “substantial bodily harm” or “great bodily harm” and whether the intent was to cause just “bodily harm” or “substantial bodily harm” or “great bodily harm”. Yet, neither JT or the article he links to describes the extent of the bodily harm – or am I missing something?

    1. carpslaw:
      “Yet, neither JT or the article he links to describes the extent of the bodily harm – or am I missing something?”
      ********************************
      No you’re right. The FB picture is terrible and we don’t have the medical data so we just have to assume its charged with no regard to politics. That said, I’m skeptical. It’s the Peoples Republic of Madison after all.

      1. That’s the way I read their vague law, but that’s ok with me.

        I just see it is that if a say a lil gal is in a heated argument with a guy she might just haul off kick the big dumb galute in the shin & it wouldn’t be a crime.

        Now if it’s one of those big Amazon type women that breaks the guy’s leg, well different story.

      1. If one scolls down a bit in the article there’s 30 some second Meme of Fauci being Chucked into a jail cell.

  9. So three black kids attack a Chinese, an Hispanic and a white … but it’s not racist? Yet, the minute any black person is attacked by anyone for any reason, the left screams racism. See how that works?

    1. Upstate, part of NYC program to stop crime was to divide the city into areas and look a those areas where crime had to be addressed. The police force concentrated their efforts and manpower one area after another pushing even the most minimal crimes off the streets. NYC flourished and became beautiful. Today the left has brought back the ugly past and I don’t want to go back any longer.

      1. S. Meyer,
        I have noted in the past, as these Dem controlled cities embrace leftist ideologies, soft of crime policies, more and more people with the means are fleeing.
        It is one thing to have political view point, until someone assaults you, mugs you at gun point, or sexually assaulted.
        I do not recall the name of the hedge fund CEO who moved the company from Chicago to Florida. He cited safety as his primary concern. He personally knew of two colleagues who got mugged and one assaulted.

        1. Upstate, when people move from blue to red, they should leave their blue behind and recognize red is why they left blue in the first place.

  11. DOJ Data shows us that violent crime against Asians is perpetrated at a significantly greater rate by Blacks than by any other demographic
    – 27.5% of violent crime committed against Asians is by Blacks well beyond their 13 % of population. (Hispanic 7.0% Asians 24.1%, Whites 24%).
    – The majority of violence against Asians occurs in 3 ciites: NY, LA, SF – not exactly bastions of conservatives and those white liberals who run those cities and build fences around their properties could care less about Asians.
    – In NYC, 90% of perpetrators of violence against Asians were Black or Latino

    CRT has taught these 3 young Black men that they have the “right” to find “equity” via violence. The CRT educated DA’s won’t prosecute and will release them early so they are taught they can commit violent crimes with impunity. The Press will hide the facts about violence against Asians. It was disgusting how they spent 4 years lying about the violence, always trying to smear conservatives and DJT, and purposely hiding names and perp shots while decrying crimes against Asians as if there was actually a spate of white supremacists roaming the land when the truth is there has become a spate of black supremacists roaming the land. The American Press is really just a propaganda arm of the Democrat party. If you believe them you are ignorant and brainwashed.

    1. “DOJ Data shows us that violent crime against Asians is perpetrated at a significantly greater rate by Blacks than by any other demographic
      *****************************
      Crime in and against the black community is a serious, depressing and on-going problem. It’s brought on by lots of causes but primarily young feral men without strong fathers in the home. Sure poverty plays a role as does undereducation but the primary problem is out-of-wedlock birth. The racial animus fostered by the Dim’s obsession with mythical institutional racism just exacerbates the problem. The unreported aspect of the problem are the elderly and poor black victims who suffer most of the crime. Many are my clients and their stories are just horrific. Add to that, the tendency in that community to foist child-rearing on aging grandmothers (who hold together what remains of that commuity) and you have a dismal situation that pouring more money in won’t fix. What you need is strong enlightened male leadership that has been missing. I see Jason Whitlock as someone who is bucking this downward spiral as is Brig Owens but by and large and despite all the government focus and favoratism (purely in search of Dim votes not out of any sense of beneficence ) the community continues to deteroriate in both numbers and quality of life. Ignoring the problem or living in fear of talking about it only adds to the “harm by indfference” and the “bigotry of low expecations.” You can’t expect people not to notice the obvious and the ever-growing epidemic of crime and its prominent perpetrators shouldn’t be avoided over fear of being falsely labeled “a racist.” Truth is the antidote to this scoietal poison but few in power are willing to take it. That says alot about our manager-class and their contrived morality over the issue as that community just continues to erode. It’s infuriating.

      1. Sure poverty plays a role as does undereducation but the primary problem is out-of-wedlock birth.

        Et tu Brute?

        The notion that poverty causes, leads to, is correlated or is in any way related to violent crime is bunk.
        I was raised in poverty and my parents never went beyond 6th grade. My mother-in-law raised 3 children in poverty solo after her husband took off, and she never finished high school. Yet one of her children and I married, attend church regularly and help the poor and uneducated tangibly. Walter Williams, Thomas Sowell, Dennis Prager, et al have written extensively on this issue as well, calling out “bulldonkey” on this artificial construct that poverty and violent crime go hand in hand. Heck, half of Richmond is black, and all of our black friends and acquaintances also came from poverty and denounce vociferously the treacherous violent crime we are seeing locally, feral as you call it. Kudos on that one.

        Dont cede to them the argument. Never let your adversary frame the argument. It is an issue of character and as you rightly noted, broken families leads to broken children.

        Crime and Rhetoric
        https://www.capitalismmagazine.com/2007/10/crime-and-rhetoric/

        The idea that “injustices and inequities” explain crime goes back more than two centuries. You can find it in William Godwin’s 1793 book, “Enquiry Concerning Political Justice” in England and even earlier in a number of writers in France.
        It is the hallmark of the left around the world.
        While such ideas have been around for centuries, they did not become the dominant ideas among those making legal and political policy until the second half of the 20th century — more specifically, the 1960s in the United States.
        What was crime like in 1960, before these ideas took over in our courts and in the legislative and executive branches of government?
        As of 1960, the murder rate had been going down for decades — among blacks and whites alike — and was just under half of what it had been back in 1934.
        Were there no “injustices and inequities” in 1960 and in the prior decades? No one who is old enough to remember those times could believe that.
        It was precisely the rise to power in the 1960s (in the courts as well as in politics) of those who believed that “injustices and inequities” were the causes of crime which marked a de-emphasis on law enforcement and imprisonment — and marked one of the most dramatic increases in crime in our history.
        Having declined for decades on end, the murder rate suddenly doubled between 1961 and 1974. The rate at which citizens became victims of violent crimes in general tripled.
        Such trends began at different times in different countries but the patterns remained very similar. As the rates of imprisonment declined, crime rates soared — whether in England, Australia, New Zealand or the United States.
        After a whole generation of crime victims were sacrificed on the altar to the theories of the left, a political backlash produced higher rates of imprisonment — and lower rates of crime — in all these countries in the late 20th century.
        We are still not back to where we were in 1960, as regards either the level of crime or the downward trend in murder rates. The notions of the left are still going strong in the media, in academia, and in politics.
        The left is still comfortable talking about “injustices and inequities” — even without notes — and certainly without confronting the vast amount of evidence that they are wrong.

        Dennis Prager uses my paradigm as well

        Poverty Doesn’t Cause Crime
        https://www.nationalreview.com/2014/11/poverty-doesnt-cause-crime-dennis-prager/

  12. Kids in any culture that grow up getting away with things in the high chair grow to become kids who are bullies. Kids who are bullies grow into these kids. These kids getting away with their actions grow up to be rapists and murderers. This is not rocket science. Soros’ take on crime (thereby his DAs’ take) is ludicrous. If this goes on long enough generationally there very well may be no reasonable way to correct it. These things are the root of so, so many of our current ills.

  13. When the hypocrisy is this obvious, how are they not embarrassed? Because the antiwhite agenda is accepted and promoted from virtually every avenue funded by our tribal government.

  14. But we all know that if these assailants were white and the victims black, that it would be a presumptive hate crime, and the FBI and DOJ would already be on the ground in Madison, stacking additional Federal charges on top of the state charges.

    1. it would be a presumptive hate crime, and the FBI and DOJ would already be on the ground in Madison,

      A bit off topic, but. Garland sent the FBI to the border to investigate the Border Patrol apprehending two or three illegals trying to sneek into the United States. The man has a serious God complex

  15. Boy, those White supremacist are all over beating, shooting and robbing people. You can see them every night on the news.
    Yea, White supremacy is the greatest threat if you’re color blind.

    1. Margot: Tucker Carlson put two things together the other day and I had never heard it before: To the Left and Democrats, White Supremacists are TRUMP VOTERS. And of course, people like Liz Cheney agree that this group (with Trump as the leader) are the biggest threat to democracy.

      1. Anniy – yea, right the three pictured above and all those caught on video each night attacking and killing are President Trump supporter’s (not).

  16. The new rules are that it is not a crime to attack (verbally or physically) a white or Chinese person if the attacker is black. That’s the simple truth of it and there are hundreds of examples now. The left will come out and criticize the harm of Chinese people but it is just pandering because they don’t actually support charging black people with any type of crime. Until people see this simple truth nothing will change.

  17. When is black anti-white and anti-Asian racism, endemic in the black community, going to get any attention from media and social justice warriors so concerned about racial discrimination? All racism is bad, not just the anti-black kind; all racists like the one in this story deserve deserve punishment, not thug-coddling.

  18. “The fact that they attacked other races led the University to conclude that this was not a racial attack.”
    ******************
    Yes, because one can only hate one race per night. Are university administrators the stupidest people on the plant or is that reserved for this feral gang of thugs here? It’s a tough call.

    1. Mespo – when I was teaching, I was an Equal Opportunity Racist. Each day I would harrass a difference race, that way no one felt left out.

    2. “Yes, because one can only . . .”

      Actually, the attackers wore MAGA hats and put a noose . . .

      Oh, wait. Wrong case.

      But flip sides of the same racism: Use your black race to accuse, and to excuse.

  19. The laws are in place, on a large part, to protect the criminal.

    Now that the law has been explained to the Chinese community, don’t be surprised when they follow it. Maybe, once a month.

    feral youg are a huge problem

  20. It’s those damn white supremacists again. They really have it in for Asians and Jews.

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