Soccer Mom: Unplugged

raves, rants, reviews and recounts of life in middle America

2007/5/23

Hate crime laws in action

@ 02:48 PM (16 months, 25 days ago)

Apparently, parking lot rage got the better of Derry Schmidt.  After dropping his child off at elementary school, Derry became furious at being blocked into the school parking lot by a bus.  During his attack on the bus driver, for which he has been charged with 3 counts of misdemeanor assault, Schmidt addressed his victim using a racial slur.

No doubt, Derry is a jackass and should do some time but these are the lines from the article that got my attention:

Derry Aimo Schmidt, 46, of 120 Frohlich Dr., was arrested and charged with three misdemeanor charges of assault and a Class I felony charge of a hate crime in connection with the case....

If convicted, he faces a maximum of 150 days in jail for each misdemeanor charge and three to 12 months for the felony charge.

Does it seem absurd that he could do more than twice as much time for saying the "n" word as he could for each assault charge?  The max for assault is 150 days and for the epithet slinging is 365?  Guess we're officially under the surveillance of the thought police. 

It is clear that Mr. Schmidt attacked Ms. Farrar because of the position of her bus and not the color of her skin.  Isn't the hate crimes law supposed to apply when the prejudice/bias motivates the attack?  Are bus drivers a protected group?  Weird.

Here's a suggestion - how about a much stiffer penalty for assault and we add "sticks and stones may break my bones but words will never hurt me" to the Pledge of Allegiance.

Comment(s) »

  1. Why isn't Sharpton doing multiple consecutive senstences in a nasty state prison is Mississippi for HIS endless usage of the "n" word?

    Comment by Ernie Els— 2007/05/23 @ 04:12 PM — (Reply)

  2. Interestingly enough, we are not hearing about all the things that the lady had to say to him, or if she even did say anything. No one has said that she screamed for help, so what did she have to say to this maniac? Just curious.:sad::???:

    Comment by feisty— 2007/05/24 @ 10:59 AM — (Reply)

  3. Interestingly enough, we are not hearing about all the things that the lady had to say to him, or if she even did say anything. No one has said that she screamed for help, so what did she have to say to this maniac? Just curious.:sad::???:

    Comment by feisty— 2007/05/24 @ 11:02 AM — (Reply)

  4. Had the races been reversed and the bus driver was called "whitey", the hate-crime felony would apply.

    Or would it?

    Comment by woodleigh— 2007/08/06 @ 10:08 PM — (Reply)

  5. :twisted:ask his wife about his temper,,,nigger is just the top of the hill

    Comment by williampendergrass— 2008/02/20 @ 08:56 AM — (Reply)

  6. Interestingly enough, had the races been reversed [i.e., bus driver white, assaulter non-white], only the misdemeanor assault charges would have been filed.

    Isn't that discrimination or something?

    Comment by rollo— 2007/05/23 @ 06:08 PM — (Reply)

  7. sharpton .....white people should , themselves, have such a constant "MOUTHPIECE"....ever blarring the same old acusations 24/7/365 ...someone would surely answer the call of all white people to "ENACT'" A NEW WAY OF LIFE AGAINST APPATHY WHICH PERMIATES FROM WITHIN.....u.s. all

    Comment by aza spade— 2007/05/23 @ 07:08 PM — (Reply)

  8. Hey Aza, that could be your CALLING IN LIFE!!!

    Comment by Ernie Els— 2007/05/23 @ 07:38 PM — (Reply)

  9. LOOKS LIKE ITS YOURS TOO ....

    Comment by aza spade— 2007/05/23 @ 09:08 PM — (Reply)

  10. Hey Cate,

    From the evidence in the article, I totally agree with you. Want a scary thought: The ACLU would agree with you as well.


    the ACLU stated its concern that evidence of speech should not be relevant unless “the government proves that [the evidence] is directly related to the underlying crime and probative of the defendant’s discriminatory intent.”


    So, what's the deal with the prosecuting attorneys down there in North Carolina?!?

    Comment by Michael— 2007/05/24 @ 10:33 AM — (Reply)

  11. Harry???? Is that really you?

    Comment by Barry G.— 2007/05/24 @ 03:52 PM — (Reply)

  12. I'm not sure what bothers me more- that you're surprised I agree with Cate on something (it happens fairly frequently, actually), or that you don't seem to care that the dreaded nasty ACLU also agrees...

    Does that mean you see me as even crazier than the ACLU, Barry??

    Comment by Michael— 2007/05/25 @ 05:39 AM — (Reply)

  13. Not at all Harry. The aclu's position is pleasantly surprising. I appreciate that you seem to not appreciate double standards.

    Comment by Barry G.— 2007/05/25 @ 06:21 AM — (Reply)

  14. What's funny, Michael, is that this happened in Cary. I don't even know if any NC natives actually live there. The joke is that Cary is actually an acronym for Containment Area for Relocated Yankees.

    I'm just saying... I don't know if this problem is in-house or if we're dealing with the issues of a carpetbagger. ;-)

    Comment by Cate— 2007/05/24 @ 06:34 PM — (Reply)

  15. That guy must be a Michael impersonator.

    Comment by Ernie Els— 2007/05/24 @ 07:21 PM — (Reply)

  16. Michael,
    Shall we see if the ACLU really espouses this position or if it's merely lip service?

    If you'll forward the article linked above to the ACLU and invite them to defend Mr. Schmidt on the hate crime charges, we can gauge their sincerity by their response. Sound fair?

    Comment by Cate— 2007/05/27 @ 07:28 AM — (Reply)

  17. Is this now a moot point, Cate?

    Latest on the news that I've found is that the charges are now just two misdemeanors charges of assault, and one felony of assault on a school bus driver.

    No longer and hate crime charges listed in that story. Do you have different info?

    Comment by Michael— 2007/06/01 @ 09:07 AM — (Reply)

  18. Yes. I would say so. It appears that somebody in Wake Co. has finally read the law and not a moment too soon.

    The initial charges in this case exemplify exactly why so many people are opposed to hate crime legislation. The danger in this legislation is that someone will interpret the law to mean than any attack, dispute, peceived mistreatment, etc are a "hate crime" simply because they one of the parties involved is black, gay, or whatever.

    I'd almost rather see the DA go forward with hate crime charges and have them thrown out by a judge so that the case will set precedent and prevent our fears from ever being realized.

    Comment by Cate— 2007/06/02 @ 05:24 PM — (Reply)

  19. I know this guy. He is actually a decent guy - who knows why he blew up. I agree that the hate crime charge is absurd. I doubt he started the day planning to blow up like that. Sadly, the legal system in NC can be a bit of mess, as you all know from the embarassing Nifong incident. Combined with the Imus nonsense, I suppose there is no way to have a fair trial on a "hate crime" charge. Sticks and stones indeed.

    Comment by — 2007/05/24 @ 03:50 PM — (Reply)

  20. No, I think there is a perfectly easy way to have a fair trial on a "hate crime"- was the crime motivated by the person's race, sex, religion, sexual orientation, etc.? Cate nailed that one down.

    Seems to me that Mr.Schmidt, for whatever reason, simply lost it. If I had to guess, I'd wager it was because Ms.Farrar was intentionally being a butthead. News flash for NC Attorneys- persons of all races can be buttheads, and it doesn't mean racism is involved.

    Drop the silly "hate crime" charges. Work out a plea bargain on the assault charges. Let an otherwise decent man make restitution for losing it one day, and get on with his life, and let the rest of us get on to more important issues...

    Like FREE PARIS NOW!! ;)

    Comment by Michael— 2007/05/25 @ 05:46 AM — (Reply)

  21. Just an opinion, but Schmidt was wrong to use the word "n" word in addressing the bus driver.
    I also believe that if black people find the word so offensive, why should THEY be given a pass to use it?

    As to the very idea of such a thing as a "hate crime", it falls under the category of political correctness and continuing attempts to control those who don't agree with the liberal garbage.

    Comment by Woodleigh— 2007/08/06 @ 10:27 PM — (Reply)

  22. are you kidding me? I hear black people saying "honkey" and white-boy all the time. Can we charge them with a hate crime? He just said n**gger. Black people call themselves that all the time. So funny how the per the principal states he was in the appropriate area at the time. the buses were not even supposed to be there (newsobserver). my child goes there and i park there all the time. and this bus driver states she didn't do anything or say anything at all? i find that hard to believe with the way she has been hamming this up. this guys is a senior engineer for the department of transportation with kids. yes, he should have gone in to the school and complained - sure he needed to get to work. he didn't - being provoked leads people to do crazy things. even though i don't believe he did the right thing, i definitely don't think he deserves what he is going through. he should speak up for himself and not get ambushed like this. this is not a hate crime and for some reason the south still can't get over the black vs. white thing.

    Comment by R. J.— 2007/05/24 @ 06:09 PM — (Reply)

  23. so..its not directly related to the "CRIME"....

    Comment by aza spade— 2007/05/24 @ 06:27 PM — (Reply)

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    Comment by Natasha— 2007/06/07 @ 01:38 PM — (Reply)

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    Comment by Steve— 2007/06/13 @ 02:55 PM — (Reply)

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