Iowa man sentenced to 16 years for setting rainbow flag on fire

Discussion in 'Law & Justice' started by kazenatsu, Dec 19, 2019.

  1. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Iowa man sentenced to 16 years for setting LGBTQ flag on fire

    December 2019

    An Ames man was sentenced Wednesday to about 16 years in prison after he set fire to a church LGBTQ flag in June.

    Adolfo Martinez, 30, of Ames, last month was found guilty of a hate crime, third-degree harassment, and reckless use of fire as a habitual offender. Police said he stole a pride banner hanging at Ames United Church of Christ, 217 6th St., and burned it early June 11 outside Dangerous Curves Gentleman's Club, 111 5th St.

    Martinez admitted to police that he lit the banner on fire with lighter fluid and a lighter after stealing it from the church, according to court documents.

    Here is a breakdown of the sentencing, according to Iowa legislation and court documents:

    Third-degree arson is an aggravated misdemeanor with a max penalty of two years.

    Hate crime enhancement means the defendant is punished for the crime "one level up"; so in this case, Martinez is charged with second-degree arson, a class "D" felony with a max penalty of five years. Unless, however, the defendant is a habitual offender, in which case the defendant can be sentenced to 15 years if convicted of a forcible felony.

    Martinez is classified as a multiple offender, according to court documents. ​

    https://www.desmoinesregister.com/s...-man-sentenced-church-banner-fire/2697139001/


    There are multiple issues this brings up.

    First is the problem with "Hate Crime" laws.
    Second is the problem of even small crimes being able to have long potential prison sentences under the law, and the law placing so much discretion into the hands of judges who may be biased for social or political reasons.
    That should not be considered arson. This is just another example of laws being interpreted in ways they were not meant to.
     
  2. rahl

    rahl Banned

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    setting someone elses property on fire, deliberately, is arson. His sentence was so long because of a combination of things. Arson, theft, repeat offender, and hate crime.
     
  3. BillRM

    BillRM Well-Known Member

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    Yes I know he is a piece of human **** however it sound like cruel and unreasonable punishment to me.
     

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