Man grabs girl's arm and lectures her - now must register as a sex offender

[Unassisted]

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

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

July 1, 2005

BY STEVE PATTERSON Staff Reporter dvertisement

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."

[savafan]

Why can't judges just rule on a case by case basis?

[Johnny Footstool]

Actually, I'm surprised this guy's lawyers weren't able to plea this charge down to simple assault or something similar.

[LincolnparkRed]

Originally Posted by Johnny Footstool

Actually, I'm surprised this guy's lawyers weren't able to plea this charge down to simple assault or something similar.

I having a feeling that the restraint charges cannot be pled down. I also think his lawyer must be teh suck.

Nothing amazes me these days in the land of lincoln, five years here and I not suprised by the idiotic decisions that come from the courts of the local gov't. It must be something in the water. :thumbdown

[RedFanAlways1966]

DO NOT touch someone else's kid. That is the rule today. Lecture them, fine... touch them, not fine.

To compare this to a 15-year-old beating up your own child is the reason lawyers get a bad rep. Not even close to the same. But that is how his lawyer sees it. The lawyer may disagree w/ the ruling (what do you expect?), but get better reasoning/analogies lawyer-man.

I am not sure what truthfully happened in this case. I am not sure how hard he grabbed her or how he grabbed her. 28-year-old men grabbing 14-year-old girls is taboo today. Like it or not. He could of had his "lecture" towards her w/out grabbing her. You DO NOT grab anyone in today's society (esp. another's child)... or you may get shot. This guy might be lucky that he did not grab the wrong person or wrong person's child.

My advice to Mr. Barnaby... stay in your car next time. Quit getting out of your car to grab and lecture people. It might prolong your life and might keep you from getting in trouble.

[LincolnparkRed]

Originally Posted by RedFanAlways1966

My advice to Mr. Barnaby... stay in your car next time. Quit getting out of your car to grab and lecture people. It might prolong your life and might keep you from getting in trouble.

Actually that would probably be the best advice, a couple years back a guy and his friend somehow jumped a curb and ran into the front porch of a house while hitting but not terribly injuring a young girl. Well the guys got out to check on the girl and the guys from the block beat them within inches of their lives, and were saved by the fact that the police were nearby. So I agree unless you are sure of where you are at, stay in the car and let it go.

[westofyou]

So I agree unless you are sure of where you are at, stay in the car and let it go.

My friend (a fiesty Cleveland gal) flipped another woman off in San Francisco (Market Street) at the next light the woman got out of teh car and walked up to my friend and pulled a gun out and held it to her head and then yelled at her. Something about how it was impolite to flip people off.

Then she turned around and left.

My friend doesn't flipped people off anymore.

[CrackerJack]

DO NOT touch someone else's kid. That is the rule today. Lecture them, fine... touch them, not fine.

To compare this to a 15-year-old beating up your own child is the reason lawyers get a bad rep. Not even close to the same. But that is how his lawyer sees it. The lawyer may disagree w/ the ruling (what do you expect?), but get better reasoning/analogies lawyer-man.

I am not sure what truthfully happened in this case. I am not sure how hard he grabbed her or how he grabbed her. 28-year-old men grabbing 14-year-old girls is taboo today. Like it or not. He could of had his "lecture" towards her w/out grabbing her. You DO NOT grab anyone in today's society (esp. another's child)... or you may get shot. This guy might be lucky that he did not grab the wrong person or wrong person's child.

My advice to Mr. Barnaby... stay in your car next time. Quit getting out of your car to grab and lecture people. It might prolong your life and might keep you from getting in trouble.

I agree what he did was ignorant and taboo these days, but it still doesn't excuse the ruling, which is abhorent and frankly quite scary.

There was no sexual crime committed here - no apparent motive to do so, history or sexual act that took place of any kind. Yet he is a registered "sex offender" and quite possibly has ruined his life.

People do stupid things all the time, but that doesn't mean the ruling was correct or even slightly excusable or even rational.

Let's not confuse the point of the matter, that you can be labeled a sex offender in this country now for grabbing someone's arm in a traffic incident.

Quite sad, the hysteria in this country.

[traderumor]

I don't want an adult male to grab any of my daughter's forcefully by the arm for any reason, not to mention that is his story that there was no intentions other than a lecture. It sounds to me like his case was not strong enough to convince the judge that his side of the story was true.