Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Maraya1969

(22,479 posts)
Wed May 12, 2021, 06:36 PM May 2021

I thought that if you called someone by a racial slur that was an act of aggrevation

I posted a video on here from Twitter in which the guy was yelling at a young black man, "What you gonna do boy.....and then "Get up there" and the guy turned around and hit him and I was told that the black guy was instigated so he would not be in trouble.

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

Well it happened here and the guy is now charged with aggravated manslaughter even after the racist guy called him a slur, (they didn't say which one) twice. I suppose a video that shows how the guy said it would matter and the fact that the guy who said it is 77 so considered elderly.


https://www.newsweek.com/elderly-man-dies-dunkin-1590650

Elderly Man Dies After Being Punched in Dunkin' Over Racial Slur Confrontation

ADunkin' employee faces a manslaughter charge after punching an elderly customer who later died. The employee become physical after the older man called him a racial slur, according to an arrest report dated May 7.

Corey Pujols, 27, was working at a Dunkin' store located in a gas station in Tampa, Florida, when the May 4 incident occurred. According to a police news release, the 77-year-old man was in his car at the drive-thru window when he allegedly became upset about the service.

Employees asked the man to leave, but he parked his car and went inside the building. This is when police say he began arguing with Pujols, who was listed in jail records as the Dunkin' store's manager, according to the police report.

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

An autopsy showed the man had a skull fracture and brain contusions as a result of blunt trauma. A Hillsborough Medical Examiner's Office doctor reportedly ruled the death a homicide.

29 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
I thought that if you called someone by a racial slur that was an act of aggrevation (Original Post) Maraya1969 May 2021 OP
Each state handles such differently. elleng May 2021 #1
I'm guessing the ACLU will have something to say about it. LakeArenal May 2021 #2
All homicide means is someone was killed. I'd be very surprised if ACLU gets involved. marble falls May 2021 #7
I love how they always act like a 77 year old is this crumpled frail thing. LakeArenal May 2021 #11
Homicide isn't really harsh for killing someone nt cinematicdiversions May 2021 #27
I'm sure he didn't intend to kill the man but it's definintely homicide. hedda_foil May 2021 #3
This message was self-deleted by its author IrishAfricanAmerican May 2021 #6
I shouldn't need to explain... Zeitghost May 2021 #8
This message was self-deleted by its author IrishAfricanAmerican May 2021 #9
FL. Stand Your Ground Law has absolutely no bearing on this case, MarineCombatEngineer May 2021 #28
That will work good in this man's defense. Maraya1969 May 2021 #10
Words don't kill, but slamming an old man's skull into concrete will. Devil Child May 2021 #14
So if you call me a name I don't like, I get to physically assault you? Jedi Guy May 2021 #17
Not just physical assault, but assault resulting in death of the victim MichMan May 2021 #20
A wrong interpretation. MarineCombatEngineer May 2021 #21
Baloney Goodheart May 2021 #26
Thank you TheProle May 2021 #13
+100. nt MarineCombatEngineer May 2021 #18
You can not... Zeitghost May 2021 #4
Don't you think the puncher broke the law, too? marble falls May 2021 #5
Absent violence or a reasonable threat of violence in Florida you can't use violence GulfCoast66 May 2021 #12
I believe in FL that will just be used as a mitigating factor at sentencing... RegularJam May 2021 #15
Never throw the first punch DontBelieveEastisEas May 2021 #16
You cannot legally physically attack someone just because they used a racial epithet, MarineCombatEngineer May 2021 #19
This message was self-deleted by its author Aristus May 2021 #22
I'm probably in the minority here Goodheart May 2021 #23
What the manager should have done is trespassed the racist MarineCombatEngineer May 2021 #24
Agree Goodheart May 2021 #25
No I think you a firmly in the majority. cinematicdiversions May 2021 #29

LakeArenal

(28,817 posts)
11. I love how they always act like a 77 year old is this crumpled frail thing.
Wed May 12, 2021, 08:14 PM
May 2021

I know many over 70 men that could take a punch. Not saying this man was either one, but if you poke the bear enough times, the bear is gonna poke back.

hedda_foil

(16,373 posts)
3. I'm sure he didn't intend to kill the man but it's definintely homicide.
Wed May 12, 2021, 06:43 PM
May 2021

The victim may have been a mean trumpist bigot but the response was out of proportion and resulted in the death of the the bigot. It's not premeditated murder. The man's death was unlikely to have been intended, but it's still homicide. The store manager had to be charged.

Response to hedda_foil (Reply #3)

Zeitghost

(3,858 posts)
8. I shouldn't need to explain...
Wed May 12, 2021, 06:59 PM
May 2021

Why allowing people to assume a person is going to become violent absent of any specific threat or action as a defense for escalating a situation through the use of violence will end up badly. The legal threshold of reasonable fear of death or great bodily injury is there for a reason and a good one at that.

Response to Zeitghost (Reply #8)

 

Devil Child

(2,728 posts)
14. Words don't kill, but slamming an old man's skull into concrete will.
Wed May 12, 2021, 08:32 PM
May 2021

Interesting definition of assault you have there.

Jedi Guy

(3,185 posts)
17. So if you call me a name I don't like, I get to physically assault you?
Wed May 12, 2021, 09:25 PM
May 2021

That's some grade-school playground nonsense right there. Unless the old guy took the first swing, this guy had no business putting his hands on him, let alone hitting him hard enough to kill him. Most of us learn early on to keep our hands to ourselves. Evidently this guy didn't, and now he's liable to spend some time in the pokey as a result. I won't cry for him.

MarineCombatEngineer

(12,369 posts)
21. A wrong interpretation.
Sun May 16, 2021, 09:37 AM
May 2021

You cannot physically attack someone just because they call you vile names, unless there is a clear intent of a physical attack, which wasn't present in this instance.

This manager fucked up and will now face the consequences of his actions.

Moral of this story is keep your hands to yourself unless you are physically attacked.

Zeitghost

(3,858 posts)
4. You can not...
Wed May 12, 2021, 06:47 PM
May 2021

You can not reply to words with violence. Violence is only acceptable in the defense of yourself or another from the reasonable threat of physical harm.

GulfCoast66

(11,949 posts)
12. Absent violence or a reasonable threat of violence in Florida you can't use violence
Wed May 12, 2021, 08:20 PM
May 2021

In reaction to a verbal insult, no matter how vile. I doubt any state allows it.

Manslaughter is the correct call here.

16. Never throw the first punch
Wed May 12, 2021, 09:12 PM
May 2021

I believe that fighting should be punishable a lot closer to attempted murder.

You never know how far the other side will take it. And you can get killed or maimed in a 'fight'.

Words can almost never be used as an excuse. An exception might be if someone says they are going to commit a physical crime in the next few seconds. Something like that.

I frequently hear (Edited out) children using racial slurs against each other. It is very sad and I wish it would be frowned on.
I certainly wouldn't want such common talk to be something that could be used as an excuse to start deadly violence.(fighting)

MarineCombatEngineer

(12,369 posts)
19. You cannot legally physically attack someone just because they used a racial epithet,
Wed May 12, 2021, 09:44 PM
May 2021

Last edited Wed May 12, 2021, 10:45 PM - Edit history (1)

this manager royally screwed the pooch and now he'll pay the price.

Response to Maraya1969 (Original post)

Goodheart

(5,321 posts)
23. I'm probably in the minority here
Sun May 16, 2021, 09:43 AM
May 2021

but I don't believe calling somebody a racial slur should be a death sentence. I don't even consider it inciteful. I believe in free speech, and, NO, it's NOT the same as yelling fire in a crowded movie theater. Disturbing the peace? Sure. Death sentence or long-term incarceration? No.

MarineCombatEngineer

(12,369 posts)
24. What the manager should have done is trespassed the racist
Sun May 16, 2021, 09:47 AM
May 2021

and then called the police to have him removed from the property, instead he decided to punch him, which resulted in the man's death.

Big mistake.

 

cinematicdiversions

(1,969 posts)
29. No I think you a firmly in the majority.
Sun May 16, 2021, 11:37 AM
May 2021

Words are not violence. They are words. Trespass the moron. Really stupid waste of two lives.

Latest Discussions»General Discussion»I thought that if you cal...