Activist Joe Mirkin summarizes Jason's case
BELCHERTOWN, Mass.--
Jonathan C. Bowes was found not guilty today on charges of a civil rights violation, and guilty of disorderly conduct, a misdemeanor. To convict on a civil rights violation the prosecution must show 1) that the act was committed or attempted, and 2) that the act was done with intent to impede, oppress or intimidate the victim's free enjoyment of their right to peace. Though racial slurs were used, the Assistant District Attorney Neil Desroches did not make a convincing enough argument 'beyond reasonable doubt' that the vicious language was used, and that their intent was to harm Jason due to the color of Jason's skin. The case also did not address the incident that happened moments after, in which Bowes continued to shout racial slurs and broke Jason's nose in his own dormitory. It would have been impossible for the DA to charge Bowes with assault when they are claiming he is the victim in Jason's case.
Judge John Payne stressed Bowes’ demonstrated pattern of alcohol abuse as reason to sentence Bowes to a “substance abuse evaluation,” to be completed within the next three months. Along with this, Bowes was sentenced to 12 months of administrative probation (which allows him to travel to Baja California for a scuba diving instruction course later this year) and a $200 fine. In light of Bowes’ acquittal on the civil rights violation, Judge Payne denied the request of Desroches that Bowes be sentenced to attend a “diversity sensitivity program”.
The charges against Bowes stemmed from an onslaught of vicious racial slurs he unleashed at Jason last February. Jason’s dormitory neighbor, Barbara Rutman, was called on Thursday afternoon as a prosecutorial witness, and testified that she heard a male voice outside Jason’s window yell “Your family was slaves” and “I’m gonna whip you”, along with ample usage of the word “nigger.” Other eyewitnesses Ashley Clancy and Lindsay Toper, both of whom were present in Jason’s room when the attack took place, also testified to hearing the word “nigger” again and again from Bowes.
A statement from Committee for Justice for Jason member Joe Mirkin claimed that “A prosecutor who seriously wanted to get the conviction for the civil rights violation would have done a much more thorough and aggressive job than Mr. Desroches did in this trial. We can safely assume that the District Attorney’s office will not present such lackluster arguments in their case against Jason Vassell.” The statement continued to attack the District Attorney’s office for pursuing such a watered down set of charges against Bowes. “To drop the assault and battery charge against Bowes is to completely ignore the fact that after violently intimidating and threatening Jason because of his race, Bowes went on to break his nose and give him a concussion. To me this represents an interest in letting Bowes off so as to better frame up Jason on felony charges of aggravated assault and battery with a dangerous weapon.”
Jason’s case has been delayed until April 28, at which time a status hearing on a recent discovery order will take place in the Supreme Judicial Court. Northampton, Mass. Read about the case in the Motion to Dismiss, and on the Justice for Jason campaign's website.
Jonathan C. Bowes was found not guilty today on charges of a civil rights violation, and guilty of disorderly conduct, a misdemeanor. To convict on a civil rights violation the prosecution must show 1) that the act was committed or attempted, and 2) that the act was done with intent to impede, oppress or intimidate the victim's free enjoyment of their right to peace. Though racial slurs were used, the Assistant District Attorney Neil Desroches did not make a convincing enough argument 'beyond reasonable doubt' that the vicious language was used, and that their intent was to harm Jason due to the color of Jason's skin. The case also did not address the incident that happened moments after, in which Bowes continued to shout racial slurs and broke Jason's nose in his own dormitory. It would have been impossible for the DA to charge Bowes with assault when they are claiming he is the victim in Jason's case.
Judge John Payne stressed Bowes’ demonstrated pattern of alcohol abuse as reason to sentence Bowes to a “substance abuse evaluation,” to be completed within the next three months. Along with this, Bowes was sentenced to 12 months of administrative probation (which allows him to travel to Baja California for a scuba diving instruction course later this year) and a $200 fine. In light of Bowes’ acquittal on the civil rights violation, Judge Payne denied the request of Desroches that Bowes be sentenced to attend a “diversity sensitivity program”.
The charges against Bowes stemmed from an onslaught of vicious racial slurs he unleashed at Jason last February. Jason’s dormitory neighbor, Barbara Rutman, was called on Thursday afternoon as a prosecutorial witness, and testified that she heard a male voice outside Jason’s window yell “Your family was slaves” and “I’m gonna whip you”, along with ample usage of the word “nigger.” Other eyewitnesses Ashley Clancy and Lindsay Toper, both of whom were present in Jason’s room when the attack took place, also testified to hearing the word “nigger” again and again from Bowes.
A statement from Committee for Justice for Jason member Joe Mirkin claimed that “A prosecutor who seriously wanted to get the conviction for the civil rights violation would have done a much more thorough and aggressive job than Mr. Desroches did in this trial. We can safely assume that the District Attorney’s office will not present such lackluster arguments in their case against Jason Vassell.” The statement continued to attack the District Attorney’s office for pursuing such a watered down set of charges against Bowes. “To drop the assault and battery charge against Bowes is to completely ignore the fact that after violently intimidating and threatening Jason because of his race, Bowes went on to break his nose and give him a concussion. To me this represents an interest in letting Bowes off so as to better frame up Jason on felony charges of aggravated assault and battery with a dangerous weapon.”
Jason’s case has been delayed until April 28, at which time a status hearing on a recent discovery order will take place in the Supreme Judicial Court. Northampton, Mass. Read about the case in the Motion to Dismiss, and on the Justice for Jason campaign's website.
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