Just a glimmer, but…
Hico man acquitted in Westboro Baptist spitting trial
CHARLESTON, W.Va. — A Fayette County man was acquitted Friday of battery charges for spitting on a member of the Westboro Baptist Church during a protest outside a Catholic church last year.Billy Spade of Hico told the jurors that as the son of a deceased coal miner, he was offended by protesters holding signs that said “Thank God for dead coal miners.”
But it was the sign that said “Thank God for dead Marines” that sent him over the edge.
A roadside bomb killed a friend whom he looked upon as a little brother while he was serving as a Marine in Afghanistan, Spade said. So he took aim at Shirley Phelps-Roper’s sign and spat at it.
Sometimes we hillbillies do the right thing.
Senior Assistant City Attorney Gene Webb, who served as a prosecutor during the trial, told the jury to ignore Westboro’s message and focus on the act of spitting.
“We have a victim who, I assure you, no one in the city agrees with [her] message,” he said, “but the Constitution of the United States protects their right to free speech, no matter how despicable it might be.”
In defense of Spade, Kanawha County Public Defender George Castelle said Phelps-Roper’s actions and signs were carefully calculated to goad others into responding.
“They were signs designed to make [Spade] angry. They were signs designed to provoke him,” he said. “They got what they wanted because they invited it.”
Castelle noted that the counter-protesters, who numbered between 50 and several hundred, applauded Spade as he calmly left the scene with police officers.
“Billy Spade is not a criminal,” Castelle said. “If anything, he’s a hero.”
The jury deliberated for less than an hour before returning its not-guilty verdict to Municipal Judge Ann Charnock.
Sadly, in light of the SCOTUS decision this is probably NOT over.
[added] Looking at the comments I have to offer a further reminder akin to what Susan noted. Nullification is a local phenomenon. This particular case has been de Facto decided by SCOTUS. The civil/tort issues are way out of my purview.
Category: Politics, Protests/Rallies
yea! maybe one day these horrible people will get struck by lightning while they are protesting someone’s funeral.
Jury nullification, motherfuckers. Sometimes, it’s the best part of the justice system.
Hillbillies almos ALWAYS do the right thing.
I am all about jury nullification.
Unfortunately, I think Billy Spade is about to to become familiar with the civil legal system as well because good old Shirley is likely to sue him. On the bright side, she will have to sue him in West Virginia.
Thank God for common sense and decency! There is so little of it these days.
And you can’t demand a jury in civil, can you?
“They were signs designed to make [Spade] angry. They were signs designed to provoke him,” he said. “They got what they wanted because they invited it.”
Odd question…does this mean the protesters signs/words/actions qualify as fighting words? Probably not. I guess it’s ok to use a coffin as a soap box these days. No dignity in death. I wonder what these people do for their dead. Probably wrap them up in newspaper and leave them by the side of the road.
As the prosecutor said, it wasn’t about free speech, but battery.
Here in Virginia, we have an “invitation to violence” clause. For instance, if a guy asks you to step outside to settle things. In this situation, the person who issues the invitation is considered to have started the fight.
After that, here in the Old Dominion the only question that remains is if the violence visited on them is proportional to the threat they issued.
I don’t know if South Carolina has the same clause, but the Jury certainly thought it applied.
AS, in #7, depends on the state. Most states do allow civil jury trials, especially in cases involving
extortiondamages being sought. I don’t know about West Va. I know juries are allowed in Michigan.If I were Billy Spade, I’d have a lawyer already.
So he took aim at Shirley Phelps-Roper’s sign and spat at it.
Spat at the sign, not the person holding it?
Spitting on signs should be protected speech.
Too bad all he hit was the sign, Beechnut in Shirley Phelps-Roper’s eye would be an improvement.