With A Clean Prior Record At 69, Man Sentenced To Probation For Murder

[Madeline]

A University Park man who killed a neighbor whose dog urinated on his lawn was sentenced today to four years probation.

"This is not justice," said Gail Williams, the slain man's aunt.

Charles Clements, 69, a great-grandfather, former Marine and retired truck driver who took great pride in his lawn's appearance,
could have been sentenced to as much as 20 years.

In declining to send Clements to jail, Will County Judge Daniel Rozak noted the episode was Clements' first contact with the legal system in his 69 years.

He also said the slaying wasn't about a dog urinating on a lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man"
The Will County state's attorney's office, which had asked for jail time, indicated it would not appeal the sentence. "He (Rozak) is an excellent judge and we respect his decision," prosecutors said in a statement.

Clements had apologized for his actions at a sentencing hearing that was interrupted last week when the slain man's mother began to hyperventilate in court.

A Will County jury convicted Clements of second-degree murder in October.

Joshua Funches, 23, was walking his fox terrier puppy when Clements confronted him after the dog urinated on his manicured lawn.

After Funches cursed at him, Clements pulled out a .45-caliber handgun and put it back in his pocket. Soon after, Funches punched Clements once in the face. Clements said Funches was standing still when he pulled out his gun and fatally shot him.

Funches had three small children, including a boy born after his death. Patricia Funches, his mother, had asked Rozak to sentence Clements to the maximum 20 years in prison. Clements had been free on bond pending his sentencing.

Clements' attorney, Daniel Collins, said he was "very satisfied" with the sentence, as were
Clements and his family.

"They're very thankful to the judge," he said.

Clements will meet with his probation officer to see if he will be allowed to move out of University Park, he added.

Man gets probation in dog-lawn murder - Chicago Breaking News

This makes me very uncomfy. What are your thoughts?

 

[xotoxi]

A University Park man who killed a neighbor whose dog urinated on his lawn was sentenced today to four years probation.

"This is not justice," said Gail Williams, the slain man's aunt.

Charles Clements, 69, a great-grandfather, former Marine and retired truck driver who took great pride in his lawn's appearance,
could have been sentenced to as much as 20 years.

In declining to send Clements to jail, Will County Judge Daniel Rozak noted the episode was Clements' first contact with the legal system in his 69 years.

He also said the slaying wasn't about a dog urinating on a lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man"
The Will County state's attorney's office, which had asked for jail time, indicated it would not appeal the sentence. "He (Rozak) is an excellent judge and we respect his decision," prosecutors said in a statement.

Clements had apologized for his actions at a sentencing hearing that was interrupted last week when the slain man's mother began to hyperventilate in court.

A Will County jury convicted Clements of second-degree murder in October.

Joshua Funches, 23, was walking his fox terrier puppy when Clements confronted him after the dog urinated on his manicured lawn.

After Funches cursed at him, Clements pulled out a .45-caliber handgun and put it back in his pocket. Soon after, Funches punched Clements once in the face. Clements said Funches was standing still when he pulled out his gun and fatally shot him.

Funches had three small children, including a boy born after his death. Patricia Funches, his mother, had asked Rozak to sentence Clements to the maximum 20 years in prison. Clements had been free on bond pending his sentencing.

Clements' attorney, Daniel Collins, said he was "very satisfied" with the sentence, as were
Clements and his family.

"They're very thankful to the judge," he said.

Clements will meet with his probation officer to see if he will be allowed to move out of University Park, he added.

Man gets probation in dog-lawn murder - Chicago Breaking News

This makes me very uncomfy. What are your thoughts?

If I can keep my record clean for another 32 years, I'll be able to murder someone!!!

YAY!!!

Does the fact that I am thinking about this right now count as premeditation?

 

[Madeline]

A University Park man who killed a neighbor whose dog urinated on his lawn was sentenced today to four years probation.

"This is not justice," said Gail Williams, the slain man's aunt.

Charles Clements, 69, a great-grandfather, former Marine and retired truck driver who took great pride in his lawn's appearance,
could have been sentenced to as much as 20 years.

In declining to send Clements to jail, Will County Judge Daniel Rozak noted the episode was Clements' first contact with the legal system in his 69 years.

He also said the slaying wasn't about a dog urinating on a lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man"
The Will County state's attorney's office, which had asked for jail time, indicated it would not appeal the sentence. "He (Rozak) is an excellent judge and we respect his decision," prosecutors said in a statement.

Clements had apologized for his actions at a sentencing hearing that was interrupted last week when the slain man's mother began to hyperventilate in court.

A Will County jury convicted Clements of second-degree murder in October.

Joshua Funches, 23, was walking his fox terrier puppy when Clements confronted him after the dog urinated on his manicured lawn.

After Funches cursed at him, Clements pulled out a .45-caliber handgun and put it back in his pocket. Soon after, Funches punched Clements once in the face. Clements said Funches was standing still when he pulled out his gun and fatally shot him.

Funches had three small children, including a boy born after his death. Patricia Funches, his mother, had asked Rozak to sentence Clements to the maximum 20 years in prison. Clements had been free on bond pending his sentencing.

Clements' attorney, Daniel Collins, said he was "very satisfied" with the sentence, as were
Clements and his family.

"They're very thankful to the judge," he said.

Clements will meet with his probation officer to see if he will be allowed to move out of University Park, he added.

Man gets probation in dog-lawn murder - Chicago Breaking News

This makes me very uncomfy. What are your thoughts?

If I can keep my record clean for another 32 years, I'll be able to murder someone!!!

YAY!!!

Does the fact that I am thinking about this right now count as premeditation?

I know you are joking, but that's one reason this bothers me. If 69 years without an arrest is a factor, only those 69 or older can demonstrate that. Seems ageist to me.

In any event, I think this man's sentence is far too lenient.

 

[Sunni Man]

He should have gotten 15 to life or the death penalty same as anyone else based on what state he resides in.

 

[xotoxi]

Man gets probation in dog-lawn murder - Chicago Breaking News

This makes me very uncomfy. What are your thoughts?

If I can keep my record clean for another 32 years, I'll be able to murder someone!!!

YAY!!!

Does the fact that I am thinking about this right now count as premeditation?

I know you are joking, but that's one reason this bothers me. If 69 years without an arrest is a factor, only those 69 or older can demonstrate that. Seems ageist to me.

In any event, I think this man's sentence is far too lenient.

Agreed. It should have been at least 6 years probation.

 

[Baruch Menachem]

An assault by a 25 year old against a 69 year old does not make this justifiable, but the 25 year old puching out the 69 year old for complaining about his rude behavior is also out of line. Funches started it. Clements finished it.

 

[Madeline]

An assault by a 25 year old against a 69 year old does not make this justifiable, but the 25 year old puching out the 69 year old for complaining about his rude behavior is also out of line. Funches started it. Clements finished it.

You cannot use deadly force to repeal a nonlethal attack, Baruch. Presumably the defense lawyer tried to make the showing that the shooting was justified and failed. Seems likely to me that the judge disagreed with the jury verdict....but that isn't supposed to be his role. If he had set aside the verdict, the prosecution could at least have appealed.

This just seems wrong to me.

 

[Madeline]

He should have gotten 15 to life or the death penalty same as anyone else based on what state he resides in.

It wasn't a death qualified case, Sunni Man. I could have accepted a short prison term...15 years would be a life sentence for a 69 year old.

I'm just having a hard time accepting probation for murder.

 

[Baruch Menachem]

I didn't say that Clements was justified. The jury didn't think so.

But given the circumstances of the assault, and that Clements had no prior history of violence and had a record of positive behavior were mitigating factors.

 

[MikeK]

I'm 74. If a 23 year-old punched me in the face and I have a gun in my pocket, he's dead.

My defense will be I feared for my life and I didn't mean to kill him. That I hit him dead center chest or square in the forehead was by chance.

When I was 23 I wouldn't think of punching an old man, or a woman, or a small child, in the face.

 

[Madeline]

I'm 74. If a 23 year-old punched me in the face and I have a gun in my pocket, he's dead.

My defense will be I feared for my life and I didn't mean to kill him. That I hit him dead center chest or square in the forehead was by chance.

When I was 23 I wouldn't think of punching an old man, or a woman, or a small child, in the face.

I still say, the jury did not buy justification and the judge should have followed the law better. This defendant should be doing at least some hard time.

Murder is murder.

 

[Ernie S.]

So the killer gets probation, but had he lived, the victim would do mandatory time for assaulting a senior citizen. Don't seem right to me.

 

[Sunni Man]

It wasn't a death qualified case, Sunni Man. I could have accepted a short prison term...15 years would be a life sentence for a 69 year old.

The judge should have given him 20 years and told him to try and complete as many years as he could.

 

[Marc39]

[SIZE=""]It wasn't a death qualified case, Sunni Man. I could have accepted a short prison term...15 years would be a life sentence for a 69 year old.
[/IZE]

The judge should have given him 20 years and told him to try and complete as many years as he could.

Or, we could stone him like in your Muslim countries and be done with it.

 

[Marc39]

I'm 74. If a 23 year-old punched me in the face and I have a gun in my pocket, he's dead.

My defense will be I feared for my life and I didn't mean to kill him. That I hit him dead center chest or square in the forehead was by chance.

When I was 23 I wouldn't think of punching an old man, or a woman, or a small child, in the face.

Mike, if I'm posting like you in an internet forum at age 74, I'll shoot myself.

Loser.

 

[Full-Auto]

A University Park man who killed a neighbor whose dog urinated on his lawn was sentenced today to four years probation.

"This is not justice," said Gail Williams, the slain man's aunt.

Charles Clements, 69, a great-grandfather, former Marine and retired truck driver who took great pride in his lawn's appearance,
could have been sentenced to as much as 20 years.

In declining to send Clements to jail, Will County Judge Daniel Rozak noted the episode was Clements' first contact with the legal system in his 69 years.

He also said the slaying wasn't about a dog urinating on a lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man"
The Will County state's attorney's office, which had asked for jail time, indicated it would not appeal the sentence. "He (Rozak) is an excellent judge and we respect his decision," prosecutors said in a statement.

Clements had apologized for his actions at a sentencing hearing that was interrupted last week when the slain man's mother began to hyperventilate in court.

A Will County jury convicted Clements of second-degree murder in October.

Joshua Funches, 23, was walking his fox terrier puppy when Clements confronted him after the dog urinated on his manicured lawn.

After Funches cursed at him, Clements pulled out a .45-caliber handgun and put it back in his pocket. Soon after, Funches punched Clements once in the face. Clements said Funches was standing still when he pulled out his gun and fatally shot him.

Funches had three small children, including a boy born after his death. Patricia Funches, his mother, had asked Rozak to sentence Clements to the maximum 20 years in prison. Clements had been free on bond pending his sentencing.

Clements' attorney, Daniel Collins, said he was "very satisfied" with the sentence, as were
Clements and his family.

"They're very thankful to the judge," he said.

Clements will meet with his probation officer to see if he will be allowed to move out of University Park, he added.

Man gets probation in dog-lawn murder - Chicago Breaking News

This makes me very uncomfy. What are your thoughts?

Probation was too harsh, he should have been cleared of any and all charges.


PEOPLE ASK WHY?
Why Carry a Gun?

My old grandpa said to me 'Son, there comes a time in every man's life when he stops bustin' knuckles and starts bustin' caps and
Usually it's when he becomes too old to take an ass whoopin.'


Common sense stuff.

 

[Madeline]

Doesn't matter, Full-Auto. You and I might disagree with the verdict but the jury's opinion is the only one that counts. Clements committed murder, and IMO probation is not appropriate.

But hey, I'll admit if I had sat on the jury I'd have had a terrible time convicting.

 

[George Costanza]

A University Park man who killed a neighbor whose dog urinated on his lawn was sentenced today to four years probation.

"This is not justice," said Gail Williams, the slain man's aunt.

Charles Clements, 69, a great-grandfather, former Marine and retired truck driver who took great pride in his lawn's appearance, could have been sentenced to as much as 20 years.

In declining to send Clements to jail, Will County Judge Daniel Rozak noted the episode was Clements' first contact with the legal system in his 69 years.

He also said the slaying wasn't about a dog urinating on a lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man"
The Will County state's attorney's office, which had asked for jail time, indicated it would not appeal the sentence. "He (Rozak) is an excellent judge and we respect his decision," prosecutors said in a statement.

Clements had apologized for his actions at a sentencing hearing that was interrupted last week when the slain man's mother began to hyperventilate in court.

A Will County jury convicted Clements of second-degree murder in October.

Joshua Funches, 23, was walking his fox terrier puppy when Clements confronted him after the dog urinated on his manicured lawn.

After Funches cursed at him, Clements pulled out a .45-caliber handgun and put it back in his pocket. Soon after, Funches punched Clements once in the face. Clements said Funches was standing still when he pulled out his gun and fatally shot him.

Funches had three small children, including a boy born after his death. Patricia Funches, his mother, had asked Rozak to sentence Clements to the maximum 20 years in prison. Clements had been free on bond pending his sentencing.

Clements' attorney, Daniel Collins, said he was "very satisfied" with the sentence, as were
Clements and his family.

"They're very thankful to the judge," he said.

Clements will meet with his probation officer to see if he will be allowed to move out of University Park, he added.

Man gets probation in dog-lawn murder - Chicago Breaking News

This makes me very uncomfy. What are your thoughts?

Why do so many people seem to equate "justice" with maximum (or at the least, very severe) punishment?

Don't people understand that sometimes, "justice," can mean a lighter sentence, or no sentence at all or (horror of horrors) a not guilty verdict?

 

[WillowTree]

A black man gets away with murder in America? Nothing new here. Move along.

 

[WillowTree]

Actually I hope both his feet rot off and he has a stroke. A man is dead cause a little dog urinated on your lawn? Really.