Saturday, September 6, 2008

Update: Kick in the Head Hate Crime Case - Kicker´s Mommy Sues Saying It´s Not Fair to Deprive Brandon from High School

Mother of Kicker Brandon Piekarsky sued the Shenandoah Valley School saying they violated his legal rights by barring him from high school. She said her Kicker son was barred from school property based on a crime that did not relate to school activities. Even though witnesses say Piekarsky illegally drank alcohol before he inflicted the final kick in the head which resulted in Head Trauma which killed a young father, his mommy said he should be allowed to attend school, graduate and go on to college. Her lawsuit contends, "the district's refusal to let Piekarsky attend school is ''without precedent and violates virtually all of Mr. Piekarsky's legal rights, including his right to a public education, as well as due process.''
Her reactions make you curious whether she realizes her drunken son participated in a crime that resulted in a young father dying and his children will have no father this Christmas or future Christmases.
In Breaking News: The school district agreed to provide Tammy Piekarsky's son and Colin Walsh with 12 hours a week of home schooling, which will continue for the duration of the case.

In other KITH-HC News:
Prosecutors are moving forward with charging a 4th teen in the Kick in the Head Hate Crime (KITH-HC) case. This 4th teen faces multiple charges, including aggravated assault and ethnic intimidation. Prosecutors are not releasing his name or age yet.

References:
Mother of teen charged in fatal beating sues school
Fourth Teen Charged in Illegal Immigrant Beating Death

16 comments:

The Arizonian said...

His mom has a point: You can't keep her son from going to school.

The school is setting an example, and wrongfully at that.

That is, unless the school can make the argument that it is for his own safety, which it hasn't done.

ultima said...

http://search.live.com/images/results.aspx?q=rosy+the+riveter&mkt=en-us

Dee said...

AZ,
It seems she is not understanding a young father is dead. His drinking and that final kick in the head contributed to it. Seems like she is in severe denial!

Dee said...

Ulty,
Yes, I know Rosie. However, you know I used this same pix for Hillary and you mirrored it on your blog. And you didnt even say dibbs!

yave said...

I don't see much value in preventing him from getting an education. I'm not condoning what he did, but the fact is we in the U.S. lock up too many of our young men for too long. Brandon, his family, and the community would be better served by a true rehabilitation process, rather than the rote punishment we normally deal out to young offenders.

The Arizonian said...

Dee,

If you are busted for tax fraud, can they pull your license? If you are busted for aggravated assault, can they seize your home? If you are busted for prostitution, can they prevent you from going to the library?

Nope.

It seems she is not understanding a young father is dead. His drinking and that final kick in the head contributed to it. Seems like she is in severe denial!

I think she understands Dee. Maybe the school district doesn't understand that they LEGALLY can not prevent him from going to school, except for the reasons stated previously.

The Arizonian said...

Yave,

Thank you for providing that link to the NYT, I found a quote in there that sums it up for me:

“While we certainly want to be smart about who we put into prisons,” Professor Cassell said, “it would be a mistake to think that we can release any significant number of prisoners without increasing crime rates. One out of every 100 adults is behind bars because one out of every 100 adults has committed a serious criminal offense.”

The Arizonian said...

If I may draw a theory:

At one time, officer were actually encouraged to use their gut feelings. Gut feelings are really a result from experience and not taught in the academy. These officers would pull over someone, out of a hunch, and find all kinds of things wrong.
Example 1: Someone doing 35 in a 45 at 2 am. Officer gets a hunch, pulls them over, and they are drunk.
Example 2: Officer notices someone parked in a residential area at 3 am, lights off but the car is running. Pulls over, asks what's up, and notices the guys are nervous. Searches the car and finds crow bars, slim jims, gloves, etc.

In both cases, the argument for probable cause is thin, but they got the people out of there. And, at this time in history, the crime rates were lower. Why? Because the officers were actually preventing crime.

Today on the other hand, officers are chastised, scrutinized, and demonized for such techniques. The result has become a nation of reactionary law enforcement. They can't do anything without "concrete" probable cause or after the crime was already committed. So, as a result, crime is more prevalent in the areas with the most law suits against officers and the nation as a whole.

I would prefer an officer who trusts his gut and prevents a crime over a camera that merely records the crime.

patriot said...

I totally agree, arizonian. Law enforcement relying on gut feeling can and does prevent crimes from happening or can catch those who have already committed a crime.

Let us not handcuff them from doing their jobs based on gut feeling and probable cause. It works! Those who are innocent will only be questioned and have nothing to fear. The cries of racial profiling are from those who are either criminals themselves or are aiding and abetting them.

Dee said...

Yave,
Welcome to my blog.
I hope you come back and visit us often!!

In the update I posted on this blog the school district did agree to provide Piekarsky with 12 hours a week of home schooling, at least until the case is heard and before judgement is passed.

Remember, he has been arrested and is released on bond. I wonder what the school rules are under this condition. He must also abide by the rules of the bond, including NO DRINKING and be restricted to home after 7 pm and weekends.

Dee said...

AZ, I think you meant to post your probable cause post under the Arpaio blog.

The Arizonian said...

AZ, I think you meant to post your probable cause post under the Arpaio blog.

Oops.....

Anonymous said...

Some body better let that lady k now that he will never be left alone and money and pretending like he did not do anything is not going to help... There is someone up there always watching and we always pay for our mistakes one way or another and taking a babys father and causing so much pain to his family over his stupidity will cost him. God be with them .. People like him should be the ones out of this world.

Anonymous said...

This scumbag and his friend are now facing life in Federal Prison on hate crimes charges, among other federal charges. Three town cops are also charged with obstruction of justice and lying to the FBI.

So looks like this "poor" boy and his friend won't be attending high school for, oh, another 25 years to life. HAHAHA!

Game over for these vermin. God bless America and her GREAT justice system, which has finally prevailed!

Anonymous said...

This guy will never get a job. His name is all over the internet now. When they do a search for him, they will always see the murder he committed and will have to live with that.

filoctetes said...

With this name "The Arizonian" is easy to understand the way you think, and more or less of the rest of f...ing gringo racists that are discussing this s...t.
Don't worry b...tars in 50 more years your country is going to be 50% Hispanic...

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