Woman who threw slushie on Matt Gaetz at Pensacola event sentenced to 15 days in prison
Source: Pensacola News-Herald
Amanda Kondrat'yev, the woman who threw a red slushie drink on U.S. Rep. Matt Gaetz at a campaign event in June, was sentenced Monday to 15 days in prison for assaulting a U.S. congressman.
The 35-year-old wife and mother of two, who briefly ran against Gaetz as a Democratic challenger in the 2016 election, will turn herself in to the U.S. Marshals to begin her sentence Dec. 2.
Kondrat'yev pleaded guilty in August and admitted to throwing the cup at Gaetz as he was leaving the Brew Ha Ha restaurant for an "Open Gaetz" event on June 1.
Sentencing guidelines called for a prison sentence of eight months to a year, but U.S. Magistrate Judge Hope Cannon said the fact that Kondrat'yev had no prior criminal history and that the crime in question had a "limited duration" justified a departure from those guidelines.
Read more: https://www.pnj.com/story/news/2019/11/18/woman-who-threw-slushie-matt-gaetz-sentenced-15-days-prison-amanda-kondratyev/4227935002/
dewsgirl
(14,961 posts)mahatmakanejeeves
(57,319 posts)dewsgirl
(14,961 posts)Of course, but now she has a record. Probation would have been fine. IMO.
This all boils down to her running against him.
paleotn
(17,884 posts)Maybe the time should fit the crime.
SterlingPound
(428 posts)She got a day more in jail for not taking a part in treason against this nation!
Farmer-Rick
(10,140 posts)Wow, our justice system is seriously broken. Maybe a fine, maybe a week probation but come on....jail time for a slushie in June?
If she were one of the good old boys would this have happened?
jberryhill
(62,444 posts)...for the woman who threw a shoe at Hillary Clinton and missed?
Since she missed Hillary Clinton, then it should have been no jail time at all, right?
Farmer-Rick
(10,140 posts)Actually I think shoes can be dangerous if thrown with some accuracy. Heels can be very hard and high heels can be very dangerous. Besides, there is a reason Hillary had Secret Service around her, while this idiot probably had Russian agents around him.
But RepubliCONS are always pushing for "both sides are the same" ism even when their lethality is always much worse.
LanternWaste
(37,748 posts)I get it... it can be tough to advertise our self-righteousness in a subtle, yet efficient manner, and sometimes we have to pull out a logical fallacy or two to make sure everyone knows.
Funtatlaguy
(10,863 posts)Response to Zorro (Original post)
Post removed
groundloop
(11,514 posts)Hell, for that matter she should have claimed self defense. "Your honor, he looked threatening to me and I defended my self with the only weapon I had. I was merely standing my ground".
treestar
(82,383 posts)riversedge
(70,094 posts)drink at the drunk. life is not fair.
LakeArenal
(28,806 posts)keithbvadu2
(36,678 posts)bluestarone
(16,872 posts)This is total bullshit.
mahatmakanejeeves
(57,319 posts)dem4decades
(11,270 posts)jberryhill
(62,444 posts)Could I see a list of objects youd approve to be thrown at Nancy Pelosi?
dware
(12,264 posts)If this had been a repig throwing a slushie at, say, Kamala Harris, or Nancy Pelosi, or anyone with a D after their name, you can take it to the bank that the same people applauding would be screaming with outrage and demanding prison time for the perpretator.
I don't condone violence against any politician, no matter what party they belong to, and I think the punishment is appropriate for the crime.
jberryhill
(62,444 posts)...so they can post links to DU elsewhere to make some point about how liberals support physical attacks on politicians.
Same thing here:
https://www.democraticunderground.com/100212122586
They want to encourage others to do this sort of thing, but would never actually do it themselves. Big talking cowards.
dware
(12,264 posts)WOW!!!
I think you hit the nail on the head with your post.
Polybius
(15,340 posts)Would you be saying the exact same thing here?
dware
(12,264 posts)czarjak
(11,254 posts)I say protest. Physical harm is assault, Slushcake.
jberryhill
(62,444 posts)No. Physical harm is not required. This may come as a surprise to some here, but you arent allowed to touch other people directly or with thrown objects for the purpose of causing alarm or distress.
Even if she deserves it.
csziggy
(34,131 posts)It just has to be a threat.
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.011?Assault.
(1)?An assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.011.html
Battery, on the other hand, requires physical contact and/or bodily harm:
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.03?Battery; felony battery.
(1)(a)?The offense of battery occurs when a person:
1.?Actually and intentionally touches or strikes another person against the will of the other; or
2.?Intentionally causes bodily harm to another person.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.03.html
jberryhill
(62,444 posts)csziggy
(34,131 posts)The assault provision of 18 U.S.C. § 351(e) divides assault into two categories: those that result in personal injury, which are punishable by 10 years of imprisonment and a fine; and all others, which are punishable by one year of imprisonment and a fine. The applicable fine is determined by the provisions of 18 U.S.C. § 3571. The legislative history of the section shows that the lower penalty was intended for situations in which a person strikes with his or her fist at a Member of Congress without landing the blow, or strikes only with an open hand and causes no lasting injury.
Absent a statutory definition of assault, the courts have looked to the common law and have concluded that an "assault" is:
An attempt with force or violence to do a corporal injury to another; may consist of any act tending to such corporal injury, accompanied with such circumstances as denotes at the time an intention, coupled with present ability, of using actual violence against the person.
Guarro v. United States, 237 F.2d 578, 580 (D.C. Cir. 1956). But, of course, an assault can also be committed "merely by putting another in apprehension of harm whether or not the actor actually intends to inflict, or is capable of inflicting that harm." Ladner v. United States, 358 U.S. 169, 177 (1958). Proof of this form of assault requires establishment of a reasonable apprehension of the immediate application of force to the victim. Note also that a condition in an offer of violence may negate the element of apprehension. For an excellent discussion of this concept, see Watts v. United States, 402 F.2d 676 (D.C. Cir. 1968), rev'd on other grounds, 394 U.S. 705 (1969). While the conviction of assaulting a Congressman requires proof that the defendant willfully caused an offensive touching, it is not necessary to prove a more severe injury. See also United States v. Masel, 563 F.2d 322 (7th Cir. 1977), cert. denied, 445 U.S. 927 (1978) (spitting into the face). Throwing eggs at a Congressman running for President was an assault under the statute and did not constitute protected symbolic political speech. See United States v. Guerrero, 667 F.2d 862 (10th Cir. 1981), cert. denied, 456 U.S. 964 (1982).
As the statute does not provide for aggravated assaults, involving use of deadly or dangerous weapons without inflicting personal injury, application of the attempted homicide provision should be considered in those cases where the penalty for simple assault appears unsuitable.
https://www.justice.gov/jm/criminal-resource-manual-1610-assault-18-usc-351e
After my first post about this, I realized that the charge for this woman was federal but got interrupted and didn't get back to amend the post.
BeyondGeography
(39,351 posts)Gothmog
(144,951 posts)olddad65
(599 posts)Guilded Lilly
(5,591 posts)The 35-year-old wife and mother of two, who briefly ran against Gaetz as a Democratic challenger in the 2016 election...
Gaetz is such a repugnant human being.
Calista241
(5,586 posts)Good riddance I say. People that resort to violence shouldn't be welcome in our party.
rzemanfl
(29,554 posts)LenaBaby61
(6,973 posts)She wasted a good slishie on that drunkard, and she has to serve 15 days in prison.
He wasn't worth it.
braddy
(3,585 posts)Mr.Bill
(24,253 posts)Massacure
(7,515 posts)The article also quotes the defense attorney who mentions that the local jail has a contract with the federal government to hold inmates for "short periods of time"
braddy
(3,585 posts)jayfish
(10,037 posts)better off in a federal prison than a county jail.
braddy
(3,585 posts)exboyfil
(17,862 posts)get.
None. 40 hours of community service.
Animal Farm is right, Some animals are more equal than others.
bucolic_frolic
(43,064 posts)..
Ponietz
(2,939 posts)Whole other category of violence.
mjvpi
(1,387 posts)She was an angry mother of two
Judi Lynn
(160,464 posts)broke his glasses, harmed him, and mocked him.
Later the President revelled in it, gibbered about it publicly, waved his flabby arms around pretending he was the Congressman hurling a man on the concrete, and probably wet himself, as well, with excitement, in the retelling.
World of difference.
Thanks for mentioning that one. I wish he'd had a heart attack at the same time.
jberryhill
(62,444 posts)...plus a year probation.
Surely you objected to that, right?
exboyfil
(17,862 posts)I wasn't really following it. I actually think the 15 days might be about right for the shake thrower (I would have her pick trash up on the side of the road). Same applies to the pie in face crowd or anyone else who commits a battery.
I probably would give the woman who threw the shoe two months - again doing some sort community service. It might depend on circumstances as well (how hard the shoe etc.)
I would have the Congressman in a minimum security prison or county jail for six months. Also he should never have been seated (shame on the voters for voting him in).
jberryhill
(62,444 posts)Look at this thread. Most seem to subscribe to a no harm, no foul rule.
exboyfil
(17,862 posts)That is a crime and should be punished. Like I said it is the circumstances surrounding the act.
Assault
In some jurisdictions, assault is defined as an act intended to cause fear of bodily harm or offensive contact. This does not require that any physical contact be made. In other jurisdictions, however, assault is defined as an attempt to injure another person.
Regardless of physical contact, an assault requires an intentional act. Verbal threats on their own are generally not enough for assault. However, throwing a punch (making contact doesn't matter) could be considered an assault.
https://resources.lawinfo.com/criminal-defense/what-is-assault.html
Yo_Mama_Been_Loggin
(107,766 posts)Next time use a rock.
inwiththenew
(972 posts)Probably would be aggravated assault with a deadly weapon which is a felony 3. 3-5 years in prison without any additional for him being a Congressman.
beastie boy
(9,237 posts)I would have done 30 days for the pleasure.
bucolic_frolic
(43,064 posts)So, since these two were political opponents, why isn't this Free Speech?
I mean to say, money is free speech. Roberts Court told us so. She bought a slushi with money, and threw it at him.
What kind of lawyer did she have? Dumb as rocks.
jberryhill
(62,444 posts)That there is some political exception to assaulting someone, let alone a member of Congress?
And when one of them throws something on Nancy Pelosi, it will all be fair play and good fun?
Nitram
(22,768 posts)She caused no bodily harm. I doubt he needs psychiatric therapy. What about Cheney yelling "Go fuck yourself" on the House floor? that's assault, too.
Jedi Guy
(3,175 posts)If that's assault, then there are millions of instances of assault just about every day on the nation's roads, in schoolyards, and boy howdy, the Internet is a hotbed of assault. Clearly it's a crisis, and someone should do something about it right away.
jberryhill
(62,444 posts)And that they somehow think throwing objects at people is acceptable behavior.
Nitram
(22,768 posts)jurisdictions it does qualify as assault. Assault does not require bodily or physical contact.
Jedi Guy
(3,175 posts)If the person doing the yelling makes a threat of some kind (e.g., I'm gonna beat your ass!) then yeah, I can see that qualifying as assault, since it's a threat of imminent bodily harm. If the person doing the yelling calls the other person a shithead, or whatever, then that's just name-calling. At most, it might qualify as disorderly conduct in some jurisdictions, or maybe disturbing the peace, if someone's bellowing vulgarities in public.
What someone thinks/feels is entirely subjective and impossible to prove. If I call you a shithead because you, say, zipped into a parking space I was angling for, it'd be a real stretch for you to claim fear of bodily harm. Now if I get out of my car and I'm screaming at you through your window, that's a different matter. To my mind it's less what any person involved thinks/feels, and much more the totality of the circumstances.
Insofar as Cheney is concerned, he's an asshole, and yelling "go fuck yourself!" at someone apropos of nothing is the sort of thing assholes do.
jberryhill
(62,444 posts)The usually test is a dual one - (a) would a reasonable person have felt threatened under the circumstances, and (b) did this person feel threatened. You need to tag both bases.
A politician having an unknown chemical substance thrown on them is going to be rightfully alarmed.
These shitheads going on about "it's just a slushie" do not live with a constant background fear of being violently attacked, and do not know the chemical composition of some liquid that some nut just threw on them.
It was obvious in kindergarten that one of the cardinal rules of life is "don't throw things at other people". Some people did not pass that grade.
lostnfound
(16,162 posts)jberryhill
(62,444 posts)lostnfound
(16,162 posts)Piasladic
(1,160 posts)I looked it up too. I don't think most people think it's about short pants.
Nitram
(22,768 posts)William Weehours
(59 posts)What a fucking wuss!
packman
(16,296 posts)Matt makes ANY sane person afraid of what he will do next. I know I perceive him as a threat.
pecosbob
(7,533 posts)But at the same time, for the judge to limit the sentence to less than a year or two is definitely a victory. This was only different from the attack on Steve Scalise in the severity of the attack. Next thing you know the haters will be throwing acid on other people, like in Russia and both-sidering it to the milkshake attacks.
Marengo
(3,477 posts)Jedi Guy
(3,175 posts)Marengo
(3,477 posts)jberryhill
(62,444 posts)Six months lockup and a year probation for throwing a shoe at Hillary Clinton and missing.
https://www.nbcnews.com/politics/hillary-clinton/alison-ernst-charged-hilary-clinton-shoe-throw-sentenced-one-year-n316556
A Phoenix woman charged for throwing a shoe at Hillary Clinton during a Las Vegas speech last April was sentenced to a year of probation in federal court, her lawyer said Tuesday.
Alison Michelle Ernst, 36, had already served six months of detention for being a flight risk and pre-trial mental health evaluation in the attention-grabbing stunt.
https://www.democraticunderground.com/1017186474
Marengo
(3,477 posts)JonLP24
(29,322 posts)One of those posters is not even a fan of Hillary Clinton.
Poeraria
(219 posts)Stupid, stupid act. Learn a lesson. Move on.
jayfish
(10,037 posts)Anyone who thinks 15 days in an American jail for tossing a frozen drink at anyone should be ashamed of themselves.
Poeraria
(219 posts)Best way to avoid jail is to avoid committing crime. This person broke the law, as well as standards of decent behavior. One of the worst parts of Trump's America is the elimination of an expectation of decent behavior. I will not allow Trump and his minion lower my standards.
AncientGeezer
(2,146 posts)Answer this honestly....if a trumpanzee threw a "frozen drink" at a sitting Senator...Ohh say... Sen. Sanders....would you think 15 days in jail is excessive?
I said "honestly"......
jayfish
(10,037 posts)As I don't believe I said the "crime" should be ignored. With that out of the way; yes, 15 days in an American jail for throwing a Slurpee at someone is beyond ridiculous. Without regard to the context. What's next jailing people for throwing water balloons? How about impromptu snowball fights?
AncientGeezer
(2,146 posts)NOT you and I having a snowball/water balloon fight in the Walmart parking lot.
Straw man...you constructed One.....I'll ask you again...
If a trumpanzee attacked your preferred candidate..Sen. Sanders... with a frozen drink...you would go absolutely bat crap crazy....demand a prosecution to the fullest extent of the law and scream like a wounded duck about a 15 day sentence, you'd want a Sanders attacker in Leavenworth for life...don't blow smoke up my ass and call it a cloud.
jayfish
(10,037 posts)"15 days in an American jail for throwing a Slurpee at someone is beyond ridiculous. Without regard to the context."
AncientGeezer
(2,146 posts)I repeat..if someone had done this to Sen. Sanders....you would be apoplectic about a 15 day sentence....
jayfish
(10,037 posts)No, I wouldn't.
Bucky
(53,947 posts)I'm not sure throwing a drink on someone is technically "non-violent" but if you've read MLK, you know that the very point of breaking the law as part of a protest is so the you'll be arrested in order to make the world clearly see the real injustice.
jayfish
(10,037 posts)Based on what you see here; how's that working out?
Response to Zorro (Original post)
geralmar This message was self-deleted by its author.
crim son
(27,464 posts)is what my ex boyfriend got for entering my house while I was sleeping and attacking me first by throwing a potted plant - in an iron planter - at me in bed, then whatever else in reach including a flat-screen t.v. I ran from the house but he stayed back and decimated the furniture in my bedroom, threw my toothbrush in the toilet, overturned furniture in my son's room and then went into the kitchen and emptied bags of flour, etc., all over my kitchen and dining room.
Two nights, because up 'til then nobody had actually charged him for being an asshole, though he had dropped charges. Two weeks for throwing a slushie? Ummm, I call bullshit.