He grabbed girl's arm -- now he's a sex offender

[Angel_Mapper]

http://www.suntimes.com/output/news/...-molest01.html

Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car.

She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm.

He said he simply lectured her.

She said she broke free and ran, fearful of what he'd do next.

In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender.

While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested.

Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense.

'Most stupid ruling'

Now, he will have to tell local police where he lives and won't be able to live near a park or school.

"This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"

But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts."

So... he was convicted of a crime that other people might have done. This is by far the stupidest ruling I've heard in a long time.

[godIZme]

with a name like that ...... he's definately guilty of something .....

absolutely stupid ruling ...... why did he have to get out of the car though ...and grab her arm ...... sounds fishy to me ..... coulda' just screamed on her from the car .........

[Swordslash]

that is kinda stupid, maby he was pissed and thats why ge grabbed her.

[Dorkorama]

'In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."'

States outright that a person couldn't know the mans intent, but insists on implying one and ruling against him with such a presumption. Judge; go to hell and rot.
How do ******* morons like that get to be judges?

[HERO Maxwell]

uh....
Ya, what he did was strange....and he could have a rage problem or something, but to make him register as a sex offender....wtf

I bet if this was a man restraining a boy or a woman restraining a boy or girl.....this wouldnt be a problem...

[killedbycrimson]

if he was giving her a lecture on road safety, grabbing her arm should be ok, most kids i know would try run off not caring that they nearly died, and abusing the driver

[radio667]

!!!!!!!!!!!!!

[killedbycrimson]

he got worse stopping and letting her live, than running her over, cos he didnt see her....

[Airlea]

The ruling was pretty stupid. If there is enough evidence to support that this guy is a sexual offender than go ahead and place that label on him but not for this particular incident.

If anything, he was probably reacting out of shock, being scared, and the "what if". I've seen SO many parents lecture their kids on "what if" situations and give them hell. If the girl got scared, GOOD! Think she'll pay more attention to her surroundings now? I sure as hell hope so.

[1_LoSt_TaLiBaN]

lol yeah she learned a lesson..... his life is forever screwed




fair trade?

[CJHobbes]

And people wonder why kids have attitude problems nowadays......