Guy who was blasting monkey noises at a neighbor has been doxxed...

[Archae]

Good.

I see him being canned at his job, and/or sued for harassment soon.

https://www.hitc.com/en-gb/2021/10/06/shocking-virginia-beach-video-shows-john-eskildsen-taunting-neighbours/

[LetMyPeopleVote]

1. This will be fun to watch

[Archae]

3. Reminds me of...

That racist fat fuck who was slamming his black neighbors, while drunk.

[SoCalDavidS]

2. I'm Not Always A Fan Of Doxxing

I'll make an exception in this case though.

[lpbk2713]

4. He'll be whining about his First Amendment rights.

Sorry pal. Hatefulness is not covered under 1A.

[Zeitghost]

12. It most definitely is covered

Last edited Wed Oct 6, 2021, 07:35 PM - Edit history (1)

You are free to be as hateful as you want (with words, not actions). And your neighbors have the right to let everyone know how hateful you are.

[Dustlawyer]

24. Sounds to me to be loud enough that he can be ticketed for noise complaints.

[Zeitghost]

28. Most likely not

Most noise ordinances, especially during the day, are quite loose to allow for normal noise generating activities like power tools and gardening equipment.

A speaker system putting out as much noise as a gas lawn mower would be more than enough for neighbors to hear clearly.

[spooky3]

31. There are limits on free speech rights (look it up). And, this WaPo article

spells out how this is not simply a "hateful words" case.

The neighbor DID engage in "actions" that could also be objectionable under noise or disturbing the peace ordinances. Not sure why you are not seeing this. Nothing I have read has said that the noise was limited to daytime hours; in fact, the video posted online was clearly after dark in the summer, and the articles state that the noise occurred any time anyone left the Martinez house.

https://www.washingtonpost.com/dc-md-va/2021/10/06/virginia-beach-black-family/

"Although police say the neighbor’s actions are 'not criminally actionable,' the Virginia hate-crime law suggests that this instance of targeted intimidation is a perfect example."

[Zeitghost]

33. The article says very little

And more than once suggests the actions are not illegal.

Hate crime laws are enhancements on crimes, not crimes in and of themselves. The racist asshole also seems to understand the nuance in local laws regarding inciteful speech by using recordings of TV shows and monkey sounds.

Noise ordinances are not criminal codes, so even if he is breaking them at times, the consequence is someone ordering him to stop and maybe a fine if he continues to break them.


For better or worse, you are free to be a racist bigot in this country provided you stick to hateful speech.

[spooky3]

35. No, it quotes an attorney who says the hate crimes law imposes a high bar.

But there are other laws or ordinances that may be violated here. Obviously, the attorney general of Virginia disagrees with you.

It's not at all clear that you are correct about the hate crimes laws. See the "crimes against persons" and "harassment" portion of this:

https://virginiarules.org/varules_topics/crimes-against-persons/

"Crimes against persons involve direct physical harm or force applied to another person. The most serious crime in this category is homicide, but threatening someone and even making someone fearful that he or she will be harmed are also crimes against persons."

Clearly it is reasonable that any the neighbors, including children, would be fearful that he or she would be harmed.

"Harassment means to repeatedly annoy or attack a person or group in such a way as to cause anxiety or fear for safety. Several different types of harassment are against Virginia law."

Seems very reasonable to view this behavior as "repeatedly annoying" a person to "cause anxiety" etc.

Layer on either of these that there is a clear racial motivation (view the video for evidence of the n-word's use, for example), and you have at least some basis for questioning the legality of these actions.

You are still missing the point about words and actions. The neighbor is not simply "being a racist bigot." He is engaging in behavior clearly intended to harass his neighbors because of their race. He isn't attending private meetings of fellow bigots to discuss the joys of bigotry, or writing letters to the editor of his local paper.

[Zeitghost]

38. In my reading of VA criminal code, Title 18.2

I do not see a law that is being broken. Their harassment laws require specific threats. If I've missed something in the code, I'd love to know if you could point me in the direction of the specific law you might be referencing.

His behavior, so far, has only involved speech or more specifically the use of recorded speech. And I don't see where the law allows for that to be punished criminally.

[TheProle]

18. Of course it is.

[Mariana]

23. It is, actually, covered under 1A.

Of course, so is doxxing.

[BradAllison]

46. He'll be the next Senate candidate for Virginia soon. n/m

[CaliforniaPeggy]

5. It's too bad that what he's doing isn't illegal.

But I think you may be right about him being sued.

[budkin]

8. It's bonkers that it's not illegal

Hopefully that changes very soon.

[AZLD4Candidate]

16. People have the right to be racists, but that noise violation needs to be addressed

[TheProle]

19. That's the correct angle

[Zeitghost]

29. What noise violation?

What noise violation? Do you have any evidence that he is braking local noise ordinance? Not defending this guys behavior in any way, but I have not seen or heard anything suggesting he has broken local ordinances and local PD seems to indicate he has not, which seems likely given my experience dealing with noise issues in the past.

[wellst0nev0ter]

34. Do you call the police

If someone is having too loud of a party next door?

There should be a public nuisance law that can be applied

[Zeitghost]

39. Yes...

I have before when I lived in town. Where I used to live the cutoff was 10:00PM and after that the Db levels may or may not have covered the noise involved in this incident. And even then it is not a crime and only a code violation so hate crime laws would not be in play.

[spooky3]

36. You may be interested in this recent article on "hate crimes and free speech"

https://verdict.justia.com/2021/08/26/hate-crimes-and-free-speech

by the S. F. Cobb, the C.S. Wong Professor of Law at Cornell University.

[Zeitghost]

41. Great article, but...

It does not address this situation.

That article addressed the misguided POV that hate crime laws punish free speech, which of course they do not, they criminalize motive for another crime. What it does not address is the fact that hate crime laws require an underlying criminal act before they come into play and can not be applied to otherwise legal activity.

So, if someone uses racist or bigoted language while committing a crime like assault, they are guilty of assault and a hate crime.

But if someone uses racist or bigoted language while otherwise not committing a crime, they are not guilty of a hate crime.

[spooky3]

45. Go back and reread the links I posted. I'm done reading your weak arguments. nt

[Zeitghost]

48. I did

They don't offer specific or relevant information and talk in general terms about what could or may happen.

I prefer specifics and actual criminal code citations and case law.



I understand this is an emotional issue and I'm in no way defending this PoS. But free speech is an interest of mine and I find cases like this curious. If you can't provide more relevant information, I agree, it's best for you to scamper off.

[sboatcar]

6. I just googled the guys name

and he's unemployed, living with his mom, has an ex wife and two non-custodial children.


He'll probably be a tough nut to crack, since it seems like he's got nothing to lose. I feel sorry for his mom, but she is enabling that behavior.

[Sanity Claws]

7. Looks like he will become permanently unemployed

He might like that. My guess is that he will be shunned by neighbors but he might not mind that either. I doubt that he has many social connections.

[AZLD4Candidate]

17. Pillar of soceity I see.

[A HERETIC I AM]

40. Wait...let me correct that sentence

I see a Pilonidal cyst

There. Close, but perhaps more descriptive!

[BradAllison]

47. It's probably Biden's fault he's unemployable.

Hell, probably Bill Clinton's fault.

[Crunchy Frog]

54. I'm guessing his mom might have something to lose. nt

[LakeArenal]

9. There had to be decibel levels he's breaking.

How can this not be harassment?

They should start a civil suit.

[Skittles]

11. I am a night shift worker

noise like that - hell fucking no......and the worst part is how stressful it would be for the family, especially kids

I don't buy for one minute this is something they could not do anything about, that is crazy.

[Zeitghost]

13. Harassment

Generally includes threats in most jurisdictions and decibel limits are pretty generous, especially during the day.

[Skittles]

10. huh? no authority to intervene???

that is flat-out HARASSMENT

WTF

[Rebl2]

14. Yep

It is harassment in my way of thinking. I don’t understand how it’s not disturbing the peace as well.

[Auggie]

15. Small claims court: nuisance for lowering property values

Every. Neighbor. On. The. Street. One at a time. Drag him into court again and again. See how he likes being harassed.

[calimary]

20. Taste of his own medicine. See how he likes it.

CONSEQUENCES. What a concept!

Actually, Auggie, this is a MOST devious and scathingly brilliant tactic to muse upon! DAYUM! I LIKE how you think!

[marble falls]

21. Probably drive's a honey dipper truck.

[AllaN01Bear]

22. the police say they cant do anything , read they wont . ever hear about 415 noise complaints .

[LetMyPeopleVote]

25. Virginia Office of Civil Rights is in touch with the victims of this harassment by racist neighbor

Link to tweet

[KT2000]

26. I guess that means

the same thing could happen in a wealthy neighborhood and the cops would throw up their hands? Ha!

[erronis]

30. Right. People like me aren't even allowed to tip-toe through the neighborhood.

Unless we're servants, serfs, slaves.

[LeftInTX]

50. It's actually a very nice neighborhood. Maybe it's wealthy, I can't tell

[url=https://postimages.org/][img][/img][/url]

[Escurumbele]

27. Just get a stereo with big speakers and play classical music to him, I bet a pee brain like him

will not like that...or rap, or reggaeton, that will stop him very fast.

[Johnny2X2X]

32. He'll be crying about Cancel Culture soon enough

This scumbag deserves what he gets.

[spooky3]

37. Here's another angle, from common law: neighbors have right to "quiet enjoyment" of their property

https://www.lawinfo.com/resources/real-estate/dealing-with-your-neighbors.html

Looks as if the a-hole was interfering with quiet enjoyment.

"When deciding if a neighbor’s actions violate a property owner’s right to quiet enjoyment courts typically consider the duration of the neighbor’s actions, the reason for the actions and the impact or burden on the property owner. "

This was posted in a reply to Mark Herring's (the VA attorney general) tweet.

[Hassin Bin Sober]

42. Yep. And this is a textbook example of Intentional infliction of emotional distress

Let this guy or his “mommy/landlord” stand in a court and explain how the “N-word” and “chimp noises” automatically and consistently blasted at an African American family isn’t Intentional Infliction of Emotional Distress.

Free speech my ass. It may not be criminal but any fair minded jury would find for the plaintiff.

1. Defendant acted intentionally or recklessly; and
2. Defendant's conduct was extreme and outrageous; and
3. Defendant's act is the cause of the distress; and
4. Plaintiff suffers severe emotional distress as a result of defendant's conduct.

Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage)[1] is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way.[2] Some courts and commentators have substituted mental for emotional, but the tort is the same.[1]

https://en.wikipedia.org/wiki/Intentional_infliction_of_emotional_distress

[spooky3]

43. thank you! nt

[nolabear]

49. Looks like the neighbors are taking things into their own hands.

https://apple.news/AgyIsWydcQWSsmZK0qkCN0A

[LetMyPeopleVote]

51. We showed up today to let hate know it has no home here. ALL POWER TO THE PEOPLE

Link to tweet

[BeckyDem]

52. Gee, I wonder where this racist got the idea he could do this and no cop would stop him.

K&R

[maxrandb]

53. This us why America needs to treat the Confederacy and racism

like Germany treats the Nazis.

You can't fly a swastika in Germany, and you shouldn't be able to fly a Confederate flag in America.