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BRIAN WHITE

Libertarian sci-fi geek programmer
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Boy arrested for writing 'disturbing' story explains the story (with full text of story)

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The attorney for Allen Lee, the Cary-Grove High School senior facing two misdemeanor counts of disorderly conduct for an in-class creative writing assignment earlier this week, has released the text of his essay, as transcribed by Lee, in order to provide context for the words cited by authorities in arresting him.

Here is the text of the essay, with language not normally allowed in the Daily Herald removed and noted. What follows the essay is the author's notes, providing reasons for why he wrote what he did.

The context for the part the prosecutor released is quite revealing:

Blood sex and Booze. Drugs Drugs Drugs are fun. Stab, Stab, Stab, S…t…a…b…, poke. "So I had this dream last night where I went into a building, pulled out two P90s and started shooting everyone…, then had sex with the dead bodies. Well, not really, but it would be funny if I did." Umm, yeah, what to wright about…… I'm leaving to join the Marines and I really don't give a [expletive] about my academics, so why does the only class that's complete [expletive], happen to be the only required class…enough said.

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3.7
{"commentId":672171,"authorDomain":"tigerblade"}

Well, can't say much for his writing skills as a high school senior. It hurt to read that, and not because of the "violent images" he supposedly portrays.

So Power Flower Super Mario. Pudge, hook, rot, dismember "Fresh Meat."

Does that sound even remotely coherent to anyone? Even in context it doesn't make any sense. Sure the assignment was to write whatever came to mind, but I have to assume there was an implication that it be in some form of coherent thought.

He goes from "blood sex and booze" to his plans as a Marine, then academic requirements, local city councils, Presidential elections, Mario, and finally onto his English teacher. ...uh... what? Creative writing, sure, but you'd be hard-pressed to explain it.

And dear God... spelling! grammar! their/there/they're. LEARN THESE THINGS. You may not like it, kid, but proper English is actually a good skill to have.

{"commentId":672171,"threadId":"98357","contentId":"689001","authorDomain":"tigerblade"}
  • 2 votes
Reply#1 - Sat Apr 28, 2007 12:45 AM EDT
{"commentId":672191,"authorDomain":"vikibabbles"}

Trust me, tiger, as a writing teacher, grammar and spelling are very important.

But these kinds of assignments encourage young writers to just let spill what's in their heads. You'd be frightened if you ever read through my journals, because I frequently do this as an exercise.

However, I'm a grammar/spelling nazi, so my errors are rare. ;)

Here's an example of what's going on in my brain right now:

this night was nuts. sitting on a hard bench in the junior high gymnasium watching children perform The Fiddler on the Roof what is that? their makeup horrible, but the story sweet and heartbreaking but so much taken out, so much not understood even by the performers and if I had it in me I would stand up and say to that skinny, high-heeled @!$%# who I hate just who in the hell do you think you are? What is wrong with you do you not know the example you are setting for your daughter? Do you not know you are setting up an unrealistic ideal for your son? But I won't. Am I a coward? Am I saving my daughter from the embarrassment of having a mother who says what she is thinking regardless of appropriateness is that even a word and can't I just make up words when I want to? What's wrong with making up words? It wasn't caught by firefox spellchecker, although firefox and spellchecker were both caught, probably because I didn't capitalize them and that's just @!$%#ing ridiculous.

Granted, i'm drunk.

{"commentId":672191,"threadId":"98357","contentId":"689001","authorDomain":"vikibabbles"}
  • 11 votes
#1.1 - Sat Apr 28, 2007 1:11 AM EDT
{"commentId":672378,"authorDomain":"jfxgillis"}

tigerblade:

Wichita Vortex Sutra

:^{)>

{"commentId":672378,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
  • 3 votes
#1.2 - Sat Apr 28, 2007 8:37 AM EDT
{"commentId":672951,"authorDomain":"rickace"}

tigerblade -

I agree completely. Unfortunately with some students in my county, the reason they are not proficient in English grammar and composition is that the topics simply do not receive due attention in some public schools. After asking one classroom of juniors to identify the subject of a sentence and receiving blank stares in return, it's evident that their teachers have failed to equip them properly with the fundementals of our language.

One school thankfully still understands the importance of this; its students proved to be above average in this area. Not surprisingly, copies of Warriner's were scattered about the classroom where I taught.

{"commentId":672951,"threadId":"98357","contentId":"689001","authorDomain":"rickace"}
  • 1 vote
#1.3 - Sat Apr 28, 2007 5:11 PM EDT
{"commentId":673235,"authorDomain":"axelhell"}

The writing is a form of stream of consciousness that the Modernists of the early 20th Century used, though more in the context of their characters than their own lives (Read James Joyce and Virginia Woolf). While the students "essay" was disturbing, I feel his arrest is more so. Are we going to have the police knocking on our doors for our words and thoughts? Granted it was a bit insensitive to write an essay as that so soon after VT, but the reaction is knee-jerk.

{"commentId":673235,"threadId":"98357","contentId":"689001","authorDomain":"axelhell"}
  • 1 vote
#1.4 - Sat Apr 28, 2007 10:10 PM EDT
{"commentId":673286,"authorDomain":"jfxgillis"}

Are we going to have the police knocking on our doors for our words and thoughts?

Sure? Why not?

Write a poem for your creative writing class that say "Empty your cash/register and give me all your/money or else."

Publish it handing it to a a bank teller.

Jumpin' Jehosophat.

The last line of the essay means "Somebody like you is going to get murdered someday." Say that or words to that effect to the state trooper next time you get pulled over for speeding and see what happens.

Write a "story" about your ex-spouse with that ending and send it to your local magazine and see what happens.

{"commentId":673286,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
  • 2 votes
#1.5 - Sat Apr 28, 2007 10:45 PM EDT
Reply
{"commentId":672196,"authorDomain":"vikibabbles"}

And, Brian? I've sent you a group invite to a group I opened earlier this evening but haven't announced yet. Would you mind accepting, and then reposting this to that group? My clip thing won't go down far enough for me to clip this to the group.

Thank you!

And, we're not friends? I thought we were. Also sent is a friend invite. Hope you'll accept.

Thank you for seeding this.

{"commentId":672196,"threadId":"98357","contentId":"689001","authorDomain":"vikibabbles"}
  • 2 votes
Reply#2 - Sat Apr 28, 2007 1:14 AM EDT
{"commentId":672220,"authorDomain":"wbrianwhite"}

Hi Viki - I clicked Accept and I show up as a group member, but I still see the invitation message, and I can't publish my link to the group. I sent in a bug report, and I'll publish the seed to this group when this is straightened out.

Of course I accepted. It's not like "I hate you" or something ;) I think it's really funny you accepted that comment. I wish I got comments like that.

{"commentId":672220,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
  • 1 vote
#2.1 - Sat Apr 28, 2007 1:46 AM EDT
{"commentId":672627,"authorDomain":"sbutki"}

Where's my invite, twin?
Sob!

{"commentId":672627,"threadId":"98357","contentId":"689001","authorDomain":"sbutki"}
  • 1 vote
#2.2 - Sat Apr 28, 2007 12:38 PM EDT
{"commentId":672955,"authorDomain":"vikibabbles"}

I'm sending out invites tomorrow when I make my official announcement. I just wanted to be sure this article and thread was posted to the group.

You're more than welcome to join now, if you can't wait!

{"commentId":672955,"threadId":"98357","contentId":"689001","authorDomain":"vikibabbles"}
  • 2 votes
#2.3 - Sat Apr 28, 2007 5:14 PM EDT
Reply
{"commentId":672237,"authorDomain":"wbrianwhite"}

It appears that the Marines were not pleased to hear about this. They've decided to kick Allen Lee out, before he even got in.

http://www.dailyherald.com/story.asp?id=306833:

Lee aspired to join the Marines following graduation, and he signed a contract to do so April 9. But because of the pending criminal charges, Lee's recruiter told him Friday evening that the Marine Corps has discharged him from his contract, according to Sgt. Luis R. Agostini, spokesman for the Marine Corps Recruiting Station Chicago.

Here's some more of the wonderful logic being used here:

It's like someone getting on an airplane and saying to the flight attendant, 'Do you hear that ticking sound?" Bianchi said. "The guy would be off the plane and charged immediately."

Note to self, if I ever get on a plane and notice a ticking bomb, do not alert the flight attendant since I don't want to be arrested for making terrorist threats. I guess the 'right' thing to do there is to leave everyone to their deaths?

The action was criminal because it "alarmed and disturbed" the teacher, Nora Capron, said Louis Bianchi, McHenry County state's attorney.

The same Nora Capron I am commanding my zombie army to attack? Uh oh.... see you guys later they're probably coming to lock me up as we speak. Or maybe fantasy threats don't count, let me try a sci fi threat. The same Nora Capron who I have secretly replaced with a pod person? Or a regular world situation. The same Nora Capron who has made this student infinitely more likely to go on a school shooting spree now that she's had him arrested and ruined his life plans?

I don't know what to make of this situation. If you think he's a violent psycho, do you want him in the Marines or not?

{"commentId":672237,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
  • 7 votes
Reply#3 - Sat Apr 28, 2007 2:06 AM EDT
{"commentId":672964,"authorDomain":"jfxgillis"}

First of all, it didn't seem like you were not so sure you were not so sure "what to make of this situation" earlier in the thread (double negatives are fun).

Second, let's switch this a little:

If you think he's a violent psycho, do you want him in the Marines or not?

If he's violent psycho, do you want him in Cary-Brove High School or not?

{"commentId":672964,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
  • 1 vote
#3.1 - Sat Apr 28, 2007 5:24 PM EDT
Reply
{"commentId":672432,"authorDomain":"jfxgillis"}
{"commentId":672432,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
  • 2 votes
Reply#4 - Sat Apr 28, 2007 9:32 AM EDT
{"commentId":672459,"authorDomain":"witchofthenorth"}

Reading his essay confirms what I already suspected, i.e. he's a smart-ass high school kid who thinks this English assignment is bogus. He loathes his English teacher and probably thought his essay would freak her out a bit and that would be a funny joke on her.

Judging by her reaction, he is a fair judge of character.

Nothing he wrote alarms me particularly, but even if it was his plan for taking over the world by force, it would be within the bounds of the assignment. And legal.

This whole thing is a farce - if I saw it in a movie I would scoff, it's so unbelievable. I don't know what jfxgillis is hinting at but I find no common sense in this whole episode.

{"commentId":672459,"threadId":"98357","contentId":"689001","authorDomain":"witchofthenorth"}
  • 11 votes
Reply#5 - Sat Apr 28, 2007 9:59 AM EDT
{"commentId":672558,"authorDomain":"jfxgillis"}

Glinda:

Here ya go. I'll either open it to comments later or direct comments to Part 2.

Common Sense and Newsvine: Why Can They Not Live Together in Harmony? Part 1

{"commentId":672558,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
  • 2 votes
#5.1 - Sat Apr 28, 2007 11:35 AM EDT
{"commentId":674051,"authorDomain":"wbrianwhite"}

I remember having to do some bogus career tests in HS. When asked what jobs you wanted I listed "Galactic Overlord" and "Torturer". To my knowledge the guidance counselors didn't ever look at these papers b/c all my friends wrote ridiculous @!$%# like that too. Was I seriously interested in a career as a torturer? No. In the post-Columbine post-VT world would I have been arrested for those answers?

jfxgillis, yes it is common sense to never do anything different from the rest of the drones in high school. I just didn't know it was legally required.

{"commentId":674051,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
  • 3 votes
#5.2 - Sun Apr 29, 2007 2:48 PM EDT
{"commentId":674113,"authorDomain":"tigerblade"}
When asked what jobs you wanted I listed "Galactic Overlord"

Why oh why didn't I come up with that when I was given those stupid questionnaires? It would have made life more interesting.

{"commentId":674113,"threadId":"98357","contentId":"689001","authorDomain":"tigerblade"}
  • 4 votes
#5.3 - Sun Apr 29, 2007 3:29 PM EDT
Reply
{"commentId":672726,"authorDomain":"devin-mckim"}
Pudge, hook, rot, dismember "Fresh Meat."

i could understand why this is confusing, it's from a custom map in Warcraft III: The Frozen Throne, called 'Defense of the Ancients" (DotA). hook, rot, dismember are his (pudge's) abilities

{"commentId":672726,"threadId":"98357","contentId":"689001","authorDomain":"devin-mckim"}
  • 5 votes
Reply#6 - Sat Apr 28, 2007 1:50 PM EDT
{"commentId":672763,"authorDomain":"jfxgillis"}

So much for my Allen Ginsberg theory.

{"commentId":672763,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
  • 3 votes
#6.1 - Sat Apr 28, 2007 2:12 PM EDT
Reply
{"commentId":672752,"authorDomain":"random-161"}

Yah, that story was pretty bad, but song lyrics can be worse, and musicians don't face the same criticism. (or punishment)

if you want to see some pretty nasty lyrics, they are nt that hard to find.
i went to http://www.darklyrics.com/d/death.html
(via google)

{"commentId":672752,"threadId":"98357","contentId":"689001","authorDomain":"random-161"}
  • 1 vote
Reply#7 - Sat Apr 28, 2007 2:07 PM EDT
{"commentId":672759,"authorDomain":"jfxgillis"}

Part 2 is up.

Comments there

{"commentId":672759,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
    Reply#8 - Sat Apr 28, 2007 2:11 PM EDT
    {"commentId":672935,"authorDomain":"celestina"}

    Damn, this makes me angry. So, the kid's all angsty. Nothin new there. I cannot imagine how they can justify charging him with a crime. Next thing you know we will be digging up subversive writers and burning their bones for fear that they will rise from the dead and get us. Or maybe we could start hog-tying living writers and tossing them in rivers to see if they will float. Or perhaps we would all be safer if we just lobotomize our children at puberty.

    {"commentId":672935,"threadId":"98357","contentId":"689001","authorDomain":"celestina"}
    • 5 votes
    Reply#9 - Sat Apr 28, 2007 4:48 PM EDT
    {"commentId":672952,"authorDomain":"jfxgillis"}

    Celestina:

    If you were h.s. teacher and Marine recruit in your class said:

    ... as a teacher, don't be surprised on inspiring the first [Cary-Grove High School] shooting.

    Common Sense and Newsvine

    WTF would you do about it?

    Is it just "angst"? Was Cho "angsty," too?

    {"commentId":672952,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
    • 2 votes
    #9.1 - Sat Apr 28, 2007 5:13 PM EDT
    {"commentId":675950,"authorDomain":"celestina"}

    My response. (Sorry, it got too lengthy to be a comment!)

    {"commentId":675950,"threadId":"98357","contentId":"689001","authorDomain":"celestina"}
    • 2 votes
    #9.2 - Mon Apr 30, 2007 2:21 PM EDT
    {"commentId":676164,"authorDomain":"wbrianwhite"}

    Thanks for writing Celestina. I was one of 'those kids' too. There's a hilarious test on OKCupid called the Personality Disorder test. Shockingly, I was a 'Spiteful Loner':

    You are the Spiteful Loner, the personality type that is most likely to go on a shooting rampage. In high school, you were probably that kid who wore all black and who sat alone in a corner of the lunch room, drawing pictures of dead babies. You are a rational person and tend to hold emotions in very low-esteem; not only that, but you are also rather introverted, meaning you probably bury any emotions you feel deep inside yourself, like all of the bodies in your backyard. Combine these traits with your dislike of others and your brutality, and it seems that you would be quite likely to shoot innocent people in a rampage. Most likely, you also have low self-esteem. Hell, I get low self-esteem just looking at you. This is only yet one more incentive to go on a shooting rampage, because you wouldn't care if you died as a result. Granted, you probably haven't gone on a shooting rampage and probably never will, but all the motivations are there. All you need is for someone to push you over the edge, calling you names and belittling you. Like me. But don't shoot me. I have a 101 mile-long knife, you know. In conclusion, your personality is defective because you are too introverted, brutal, insecure, and rather unemotional. No wonder no one hangs around you, you morbid, cold-hearted freak!

    When I first read that description I was a bit taken aback. I didn't draw pictures of dead babies. I drew pictures of skulls with snakes coming out of the eye socket or zombies with lots of exposed skull.

    {"commentId":676164,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
    • 3 votes
    #9.3 - Mon Apr 30, 2007 3:30 PM EDT
    {"commentId":676451,"authorDomain":"witchofthenorth"}

    Apparently I'm an Emo Kid which depresses me a bit.
    Although it does explain this new bob hairstyle of mine.

    {"commentId":676451,"threadId":"98357","contentId":"689001","authorDomain":"witchofthenorth"}
    • 1 vote
    #9.4 - Mon Apr 30, 2007 6:07 PM EDT
    {"commentId":676953,"authorDomain":"wbrianwhite"}

    I love the way the test takes all the Meyers-Briggs classifications and interprets them in their most negative fashion. I just read the emo kid description. So let's see, you and I are both introverted and humble, but you're intuitive and gentle while I'm rational and brutal. I'm not so so about the brutal part. My normal Meyers-Briggs classification is INTP.

    life is a spike / upon which i have impaled mysefl / @!$%# you dad

    If you have any poetry like that please share it :)

    {"commentId":676953,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
    • 3 votes
    #9.5 - Mon Apr 30, 2007 11:13 PM EDT
    {"commentId":677531,"authorDomain":"celestina"}

    Apparently, I am a Sociopath, so that's all right then. "I would make a very cunning serial killer". I always suspected as much...except for how I didn't go through the prerequisite "hurting small animals" stage. Oh, well. I am yet again proving that I will never fulfill my potential. My teachers would feel so vindicated.

    I am an INTP, too. Which is supposed to be one of the rarest types...but after all the responses over on my column, and on Claus's, and here...I am starting to wonder if there are more of us out there than I had thought, or if we all just wind up here.

    {"commentId":677531,"threadId":"98357","contentId":"689001","authorDomain":"celestina"}
    • 4 votes
    #9.6 - Tue May 1, 2007 10:13 AM EDT
    {"commentId":677572,"authorDomain":"vikibabbles"}

    Heh. I'm a braggart. No surprise there.

    You scored higher than 99% on Rationality

    You scored higher than 99% on Extroversion

    You scored higher than 99% on Brutality

    You scored higher than 99% on Arrogance

    Yikes. Maybe I shouldn't have admitted this.

    {"commentId":677572,"threadId":"98357","contentId":"689001","authorDomain":"vikibabbles"}
    • 3 votes
    #9.7 - Tue May 1, 2007 10:31 AM EDT
    {"commentId":677659,"authorDomain":"wbrianwhite"}

    Celestina, I joined the INTP listserv a few years ago. For the first few weeks it was awesome - like "wow, finally people who think like I do", but after a while I started realizing why everyone thought I was weird ;)

    {"commentId":677659,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
    • 3 votes
    #9.8 - Tue May 1, 2007 11:13 AM EDT
    Reply
    {"commentId":672945,"authorDomain":"devin-mckim"}
    {"commentId":672945,"threadId":"98357","contentId":"689001","authorDomain":"devin-mckim"}
      Reply#10 - Sat Apr 28, 2007 4:56 PM EDT
      {"commentId":673036,"authorDomain":"luki"}

      OK, so after Virginia Tech (which I am sick of hearing about - still better than Nappy Headed Hos) I can see why the teacher was freaked and reported it, but now that it is clear he was totally within the assignment and has done NOTHING WRONG, they should let him back into the Marines ("Let the Bodies Hit the Floor") and drop the charges. He wrote what she told him to. If the teacher weren't such a nasty lady (or whatever) she might have simply confronted him. Its totally ridiculous that his plans are ruined now and he may end up facing these charges. Ridiculous.

      {"commentId":673036,"threadId":"98357","contentId":"689001","authorDomain":"luki"}
      • 2 votes
      Reply#11 - Sat Apr 28, 2007 6:34 PM EDT
      {"commentId":673052,"authorDomain":"jfxgillis"}
      he was totally within the assignment and has done NOTHING WRONG....

      Where did that come from?

      THE ASSIGNMENT CONTAINED A MENACING THREAT TO THE TEACHER

      Menacing threats are "wrong." As in illegal.

      If the kid thought "do a free write" was a license to commit a crime because it was "within the assignment," then he's not only too stupid to be in the Marines, he's too stupid to be in high school. Let's start him over at about Grade 2.

      {"commentId":673052,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
      • 2 votes
      #11.1 - Sat Apr 28, 2007 6:50 PM EDT
      {"commentId":673126,"authorDomain":"witchofthenorth"}

      Hey those are really big letters, good for you.

      Except

      as a teacher, don't be surprised on inspiring the first [Cary-Grove High School] shooting.

      doesn't threaten anybody. I get from that "I think you are bad enough to drive somebody psycho." In this article which gives a little more background, Lee says:

      "At the very last sentence, I said that this teacher's method of teaching could lead to a school shooting," Lee, a senior at Cary-Grove High School, said Wednesday

      In context, that makes perfect sense:

      Most new/young teachers are laid back, and cooperative with students as feedback and input into the curriculum and atmosphere. My current English teacher is a control freak intent on setting a gap between herself and her students like a 63 year old white male fortune 500 company CEO, and a illegal immigrant. If CG was a private catholic school, I could understand, but wtf is her problem. And baking brownies and rice crispies does not make up for it, way to try and justify yourself as a good teacher while underhandidly looking for complements on your cooking. No quarrel on you qualifications as a writer, but as a teacher, don't be surprised on inspiring the first cg shooting.

      Lee says he wrote it as a joke. I guess it depends what kind of kid you were in high school. I was the rebellious type who didn't attend class but got A's - and I thought most of my teachers were incompetent idiots. I would have thought it was very amusing for somebody (else) to mess with one them and so would alot of kids. It would take just a little extra insensitivity and bravura to actually do it. I would have thought a high school teacher should be more clued-in to that possibility.

      If it turns out he has a @!$%#load of guns, ammo and mercenary mags at home, and he has a long history of freaking people out, I'll have to eat my words. Otherwise, he's a bright, normal A-student whose stupid joke backfired.

      {"commentId":673126,"threadId":"98357","contentId":"689001","authorDomain":"witchofthenorth"}
      • 5 votes
      #11.2 - Sat Apr 28, 2007 8:00 PM EDT
      {"commentId":673179,"authorDomain":"jfxgillis"}

      Right.

      My authority is the plain language of the text.

      Lee says: ....

      Your authority is the self-serving claim of a semi-literate high school student.

      Lee says he wrote it as a joke.

      It clearly started out that way. But if you read the text carefully, you can see he ocsillates between fantasy and exposition, between metaphor and empirical observation. He finally winds up expressing genuine grievance and contempt based on a real event before launching into his menacing threat. There is

      NO FREAKING WAY

      that the authorities could have responded to those words other than to have treated them as a potential authentic threat. If it turns out to be fantasy, hey, drop the charges and scare the @!$%# out of the kid. No biggie. But if they had treated it as fantasy or hyperbole or joke or whatever other naive and dangerous interpretation you people seem to think they should have applied, and it turned out to be an authentic threat . . . . ? What then? Read the title of my essay again:

      Common Sense and Newsvine: Why Can They Not Live Together in Harmony?

      And you don't need to have have been found to have a garage full of guns to be guilty of making menacing threats.

      On top of everything else, he's wrong anyway. Young teachers are far more likely to be blackboard Nazis

      {"commentId":673179,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
      • 1 vote
      #11.3 - Sat Apr 28, 2007 9:15 PM EDT
      {"commentId":674070,"authorDomain":"wbrianwhite"}

      jfxgillis, was he charged with plotting murder? No. Was he charged with making terrorist threats? No. So the police did not treat this as a potential threat. He was charged with two misdemeanor counts of disorderly conduct. Those are misdemeanors. That's what he would be charged with for TP'ing someone's house or blasting music too late. It's a catchall BS charge that the police use whenever they can't point to an actual crime you've committed. Those misdemeanors won't prevent him from going to the gun store and buying a gun (he's 18), and I don't think he was kept in jail past being booked. If he is a real threat, they have done nothing whatsoever to stop him. Your assertions to the contrary defy 'common sense'. Would a disorderly conduct ticket have stopped Cho?

      I don't know why you consider yourself the expert on common sense. All you're saying is he shouldn't have done it because you don't think he should have done it. Read the text and tell me if it legally qualifies as a threat. Is it disturbing? Yes. Is it the same things as "if you testify in the case I'll have your family killed and burn down your house"? No. The latter is an actual explicit threat and is illegal. The former is him telling the teacher she's driving her students crazy.

      {"commentId":674070,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
      • 3 votes
      #11.4 - Sun Apr 29, 2007 3:01 PM EDT
      {"commentId":674101,"authorDomain":"wbrianwhite"}

      Also, shouting part of your statement doesn't make it any more true or any more convincing. Tone it down a little.

      {"commentId":674101,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
      • 3 votes
      #11.5 - Sun Apr 29, 2007 3:16 PM EDT
      {"commentId":674111,"authorDomain":"jfxgillis"}

      was he charged with plotting murder? No. Was he charged with making terrorist threats? No.

      So they should've arrested him for a felony? A misdemeanor charge is probably about right. When some angry drunk gets to shoutin' "I kill ya, ya bastard" at closing time, some kind of disorderly conduct charge is the more typical response. That's because most cops and prosecutors most of the time have enough common sense to charge events like that appropriately.

      Read the text and tell me if it legally qualifies as a threat.

      It most certainly does. I don't know if you have been to the other threads, but somewhere I asked what would happen if you said "Don't be surprised if somebody shoots you some day" to a state trooper. Or if the cops heard a loan shark telling the guy who owes money "It'd be a shame if something happened to your family." It's actually a pretty-well settled area of criminal law. Read up on it.

      Finally, regarding your "drones in high school" comment in 5.2, you know, you sound eerily like Dylan and Klebold before Columbine.

      {"commentId":674111,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
      • 1 vote
      #11.6 - Sun Apr 29, 2007 3:27 PM EDT
      {"commentId":674137,"authorDomain":"wbrianwhite"}

      If it qualified as a threat, why wasn't he charged with making a threat? When someone says "Bush is going to get our country attacked by even more extremists" is that the same thing as saying "I'm going to attack the US because of Bush"? So we've got you on one hand saying that legally it qualifies as a threat, and the police and the prosecutor on the other hand who have not charged him with assault or making a terrorist threat. They are not treating it as a threat. If you feel that this was a legitimate threat, wouldn't you be calling for him to be locked up pending a psych evaluation? How can you feel that both this is a real threat, and that the appropriate response is a misdemeanor disorderly conduct charge? Those two things do not go together that I can see.

      I don't think he should have been charged with anything, but I certainly cannot see how writing an English paper is disorderly conduct. It could be making terrorist threats but it could not ever be disorderly conduct.

      Finally, regarding your "drones in high school" comment in 5.2, you know, you sound eerily like Dylan and Klebold before Columbine.

      Oh please, do not attempt to smear me as a psycho killer because I hate the rote memorization and conformity of the American public school system.

      {"commentId":674137,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
      • 3 votes
      #11.7 - Sun Apr 29, 2007 3:44 PM EDT
      {"commentId":674189,"authorDomain":"jfxgillis"}

      If it qualified as a threat, why wasn't he charged with making a threat?

      Maybe because they didn't want to ruin the kid's life with a possible felony but they wanted to impress on him most emphatically that what he did was unacceptably anti-social conduct?

      This is exactly what I mean by "common sense." Taking all your arguments together, you think it's got to be either that the kid committed felony terroristic threats for which he deserves two to five years in prison or he was just "doing an assignment" and we should all just laugh it off. Neither one of those outcomes would be particularly sensible or humane.

      {"commentId":674189,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
        #11.8 - Sun Apr 29, 2007 4:18 PM EDT
        {"commentId":674338,"authorDomain":"wbrianwhite"}
        Maybe because they didn't want to ruin the kid's life with a possible felony but they wanted to impress on him most emphatically that what he did was unacceptably anti-social conduct?

        This is predicated on the assumption that the kid is not actually planning to shoot anyone. If he's not actually planning on shooting anyone then exactly what is the threat you say he's making?

        Threatening someone's life is illegal behavior. Anti-social conduct is not illegal behavior.

        Your 'common sense' solution leaves the kid with a criminal record while at the same time assuming that he's not actually a dangerous criminal because it does nothing to remove him from the situation, nothing to get him treatment, and nothing to limit his ability to purchase firearms. I don't see why that's common sense. If the kid was borderline dangerous (which I don't think he is from what I've read) then the only effect of this action would be to make him angrier at his teacher and throw more gasoline on the fire. I don't see why that's common sense. What others have been saying all along is that the common sense reaction would be to have a conference with the kid and his parents and to get a counselor involved, because that's what you do when you think he's not really a threat. When you think he's really a threat you treat him as if he is. What doesn't make sense to me is an in the middle approach that has none of the benefits of the other two approaches.

        {"commentId":674338,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
        • 3 votes
        #11.9 - Sun Apr 29, 2007 5:53 PM EDT
        {"commentId":674403,"authorDomain":"jfxgillis"}

        When the drunk shouts "I'll @!$%#in' kill ya, ya bastard," at closing time, it is likewise unlikely that the threat will actually be carried out. The act is nevertheless criminal based on a couple of different theories.

        One is the false alarm thing. The utterance of false threats requires a waste of social resources reaching the determination that the threat is not real, resources that might otherwise go towards real threats;

        Two. There is the intimidation factor inherent in the very ambiguity that you and your argumentative allies don't seem to have considered. The very fact of wondering whether a threat is real imposes a a nasty burden of worry on the object of the threat. That's why "I was joking" is not a defense in airport security and that's why most anti-stalking laws and orders of protection cover conduct that might otherwise seem inoffensive.

        Kid doesn't have a criminal record yet. He got arrested for disorderly conduct and hasn't been convicted yet. Sheeeeesh. He wants to be a MARINE and you want to get all whiney about a disorcerly conduct charge?

        Counseling now might or not be a bad idea, and if the kid agreed to it as a condition of derferred/dismissed charges, that's exactly what will probably happen, but personally, I think the best outcome now would a few months "counseling" a a drill sergeant on Parris Island.

        {"commentId":674403,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
        • 1 vote
        #11.10 - Sun Apr 29, 2007 6:27 PM EDT
        {"commentId":675313,"authorDomain":"wbrianwhite"}

        Too bad the Marines kicked him out over this incident then.

        FYI, this is what I know about disorderly conduct:

        In the criminal law of the United States, disorderly conduct is a name given to an offense that usually covers acts that generally disturb the public peace, and are not otherwise punished under other statutes. Disorderly conduct is typically classified as a misdemeanor.

        A typical statutory definition of disorderly conduct, in this case Indiana's, defines the offense in this way:

        A person who recklessly, knowingly, or intentionally:

        (1) engages in fighting or in tumultuous conduct; (2) makes unreasonable noise and continues to do so after being asked to stop; or (3) disrupts a lawful assembly of persons;

        commits disorderly conduct. . .

        http://en.wikipedia.org/wiki/Disorderly_conduct

        There is nothing here about telling a teacher she's driving students to the brink in an English paper. That could be some other crime if it's considered a threat, but I am absolutely convinced that it does not fit the definition of disorderly conduct. The only part that even comes close to applying is "disrupts a lawful assembly of persons" and it fails completly on that count because the teacher was at home alone reading the paper. If the student had stood up in class and read the final sentence aloud then that part might apply, but he did not.

        What is "tumultuous conduct," what constitutes "unreasonable noise", or what "disrupts a lawful assembly" are matters that are far harder to decide, and as such disorderly conduct statutes give police officers and other authorities fairly broad discretion to arrest people whose activities they find undesirable for a wide variety of reasons. Potential punishments include a jail term, fine, probation, restraining orders, and community service.

        The courts confronted with cases stemming from these arrests have from time to time had occasion to restrict the broad and vague definitions of the statute to make certain that freedom of speech and assembly and other forms of protected expression under the First Amendment were not affected. They also have had occasion to curb its scope to make certain that people were aware that their conduct was, in fact, within the prohibition of the statute, as required by the due process clause of the Fourteenth Amendment. However, no court has struck down a disorderly conduct statute as being per se unconstitutionally vague or overbroad.

        My objections are that this gives the police too broad a discretion, that the student did not know this activity was potentially criminal, and that this speech - not being a threat but a statement of opinion - is protected under the first amendment.

        {"commentId":675313,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
        • 2 votes
        #11.11 - Mon Apr 30, 2007 9:29 AM EDT
        {"commentId":675553,"authorDomain":"jfxgillis"}

        Some general article from wikipedia doesn't give you a law degree.

        The state attorney in Illinois will present the applicable local law to the court in support of the charge, the defense attorney will rebut and then a judgment will be rendered.

        Your larger point--a general assessment of the way disorderly conduct ordnances are applied--is a perfectly reasonable argument ... if this case ever got to the Supreme Court of the United States, which it won't.

        As for the Marines, relax. After this blows over, they'll quietly get him back in.

        {"commentId":675553,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
        • 1 vote
        #11.12 - Mon Apr 30, 2007 11:20 AM EDT
        {"commentId":675585,"authorDomain":"wbrianwhite"}

        The only person I personally know who was arrested for disorderly conduct was acting as a legal observer at a protest when the cops noticed him photographing them beating a woman protester. They smashed his camera, beat him up a little, and arrested him for disorderly conduct and resisting arrest (to explain the bruises). There are many other stories I've heard like that. It's treated by cops as a "we can arrest you for anything we want" law in practice and often the charges are later dropped, meaning that you were arrested for no reason and have no recourse whatsoever. So I'm admittedly a bit touchy when I see it misapplied.

        {"commentId":675585,"threadId":"98357","contentId":"689001","authorDomain":"wbrianwhite"}
        • 1 vote
        #11.13 - Mon Apr 30, 2007 11:32 AM EDT
        {"commentId":675593,"authorDomain":"jfxgillis"}

        The forty or so people I know who got arrested for it either could've been arrested for much or serious charges, or, for a half-dozen or so, they were arrested under almost identical circumstances as you describe.

        We had a riot in 2004 when the Red Sox beat the Yankees.

        {"commentId":675593,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
          #11.14 - Mon Apr 30, 2007 11:35 AM EDT
          Reply
          {"commentId":673103,"authorDomain":"devin-mckim"}

          sounds to me like he was expressing free speech and a criticism of something he found to be wrong, and granted, it was not necessarily smart to say certain things in the wake of the VT events, i feel like perhaps he should have been referred to counseling before he was arrested. The arrest does seem extreme, and analysis should have occured before he was arrested.

          {"commentId":673103,"threadId":"98357","contentId":"689001","authorDomain":"devin-mckim"}
          • 3 votes
          Reply#12 - Sat Apr 28, 2007 7:36 PM EDT
          {"commentId":673108,"authorDomain":"devin-mckim"}
          If the kid thought "do a free write" was a license to commit a crime because it was "within the assignment," then he's not only too stupid to be in the Marines, he's too stupid to be in high school. Let's start him over at about Grade 2.

          sorry for the double post - but I feel like that is an absolutely ignorant thing to say. He seems intelligent enough to know what he expects from a school system, and felt that he was writing in an environment where he could explore whatever topics he wanted. The term "free write" is absolutely misleading if he can't write whatever he wants. ALSO, if he was writing in character, how could he have known he was committing a crime? I would bet money if he knew that his writing was criminal, he wouldn't have done it, and sacrificed his Marine career.

          {"commentId":673108,"threadId":"98357","contentId":"689001","authorDomain":"devin-mckim"}
          • 1 vote
          Reply#13 - Sat Apr 28, 2007 7:40 PM EDT
          {"commentId":673118,"authorDomain":"jfxgillis"}

          Hmmmmmmmmmm ....

          [he] felt that he was writing in an environment where he could explore whatever topics he wanted.

          If you read the essay, I'm not sure you quite understood some of the implications. There's this:

          I'm leaving to join the Marines and I really don't give a [expletive] about my academics, so why does the only class that's complete [expletive], happen to be the only required class…

          And this:

          Most new/young teachers are laid back, and cooperative with students as feedback and input into the curriculum and atmosphere.

          {"commentId":673118,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
          • 1 vote
          #13.1 - Sat Apr 28, 2007 7:48 PM EDT
          {"commentId":673320,"authorDomain":"khakis"}

          to elaborate on a comment I just left on your part 2, jfxgillis:

          It's not a hard lesson to learn that not everything you think needs to be said, and certainly not written and turned in. I think I learned that one about 2 minutes after a teacher picked up a note I was passing in the third grade. A good rule of thumb this kid's obviously never heard of?

          don't write anything you don't want to hear read to everyone you know (and don't know).

          SIDENOTE:
          the 'vine was swimming in articles just a week ago about how everyone except the VT shooter was responsible for what he did because they didn't report behavior very similar to what this kid wrote. why the sudden change of heart?

          {"commentId":673320,"threadId":"98357","contentId":"689001","authorDomain":"khakis"}
          • 1 vote
          #13.2 - Sat Apr 28, 2007 11:12 PM EDT
          {"commentId":673334,"authorDomain":"jfxgillis"}

          khakis_on_fire 13.2

          ... why the sudden change of heart?

          The stench of blood has faded, allowing the natural Folly of Man to resume pride of place.

          {"commentId":673334,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
          • 1 vote
          #13.3 - Sat Apr 28, 2007 11:28 PM EDT
          {"commentId":673340,"authorDomain":"devin-mckim"}

          my whole point, jfxgillis, is that you seemingly inferred that he knew he was committing a crime, which i disagree with. YES, it was absolutely stupid of him to write such things in light of the recent events at VT, but I think that perhaps an arrest was a bit much - perhaps counseling, or an expulsion or something if he was threatening people (even in jest) would have been better than an arrest

          {"commentId":673340,"threadId":"98357","contentId":"689001","authorDomain":"devin-mckim"}
          • 2 votes
          #13.4 - Sat Apr 28, 2007 11:34 PM EDT
          {"commentId":673357,"authorDomain":"jfxgillis"}

          vote_for_toast 13.4

          He probably had the same thought process evident elsewhere on the thread: It can't be a crime because teacher told me to write whatever I want.

          Actually, I kinda like the arrest. Scare him straight maybe, then drop the charges. The Marines take him back, then he gets all the counseling he needs at Parris Island.

          {"commentId":673357,"threadId":"98357","contentId":"689001","authorDomain":"jfxgillis"}
          • 1 vote
          #13.5 - Sat Apr 28, 2007 11:55 PM EDT
          Reply
          {"commentId":673109,"authorDomain":"zzap"}

          Is this all he wrote? In the, what, 60 minute period of his class? They told him not to stop writing for the whole time and he could only write that much? Something's fishy.

          {"commentId":673109,"threadId":"98357","contentId":"689001","authorDomain":"zzap"}
          • 1 vote
          Reply#14 - Sat Apr 28, 2007 7:41 PM EDT
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