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PostPosted: February 19th, 2007, 12:56 pm 
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WASHINGTON - To the locals, it's the "McMissile" case.

And like the name, the details of it spill forth like a bad joke: A woman is driving north on Interstate 95. Three kids squirm in the back seat, and her sister, six months pregnant and having early contractions, sits in the front. The stress starts to simmer. Traffic slows, then crawls, then creeps. More stress. A car cuts in front of her, then scoots away. A short time later, it darts in again. She can no longer take it. She veers onto the shoulder and speeds up. Wham! She tosses a large McDonald's cup filled with ice into the other car.

"From my side, I heard a whoomp," recalled the woman's sister, LaJeanna Porter, 27. "I was like, 'I know you didn't throw that cup.' She said, 'Yes I did.' "

Neither woman foresaw the seemingly supersize repercussions of that misguided moment July 2.

No one was injured, but the cup launcher, Jessica Hall, 25, of Jacksonville, N.C., was charged and convicted by a Stafford County jury of maliciously throwing a missile into an occupied vehicle, a felony in Virginia. The instructions given to the jury said that "any physical object can be considered a missile. A missile can be propelled by any force, including throwing."

Hall, a mother of three young children whose husband is serving his third tour in Iraq, has spent more than a month in jail.

The jury sentenced her to two years in prison, the minimum, and a judge will formally impose a sentence Wednesday. Under state law, the judge can only decrease the jury's sentence.

"We didn't think it would go this far," Hall said in an interview at the Rappahannock Regional Jail. "Two years! What did I do?"

There are two versions of what happened that day. The occupants of both cars agree on this: It was hot, the kind of hot in which legs stick to leather seats, and the traffic was barely moving, slowed by a fatal crash up the road in Prince William County.

In one car, driver Pete Ballin, 36, and girlfriend Eliza Fowle, 28, were heading home to the District after visiting her father in North Carolina. They said they were maneuvering through the stalled traffic, not even noticing Hall until the Mickey-D moment.

"I guess we inadvertently merged back in front of her," Fowle said. "She apparently took that as some sort of aggressive maneuver on our part."

The next thing they knew, Fowle said, Hall was pulling up in the emergency lane and "chucking a big, supersized McDonald's cup at us." It flew diagonally across Ballin and onto Fowle. "It was gross and sticky and got all over me and the front of our car, the dashboard and the windshield," Fowle said.

Hall, whose family was driving from North Carolina to New York for a family party, saw the situation differently. She said she had never driven that route and was trying to keep up with her father's truck when Ballin cut in front of her the second time, causing her to swerve onto the shoulder. She said she was worried because her sister's bulging belly almost slammed into the dashboard.

Hall's next move was wrong, she said, but she felt provoked.

"It was past me ignoring him. I'm not going to lie; I was cursing him," she said. "I took the McDonald's cup. I tossed it over my car."

She never fathomed that it would land her in jail for the first time in her life, wearing a standard-issue jumpsuit frayed up both legs and learning to curl her hair using toilet paper. Not even when she saw Ballin talking to the state trooper up the highway, or when she was arrested and released on her own recognizance, or even when a trial date was set for Jan. 3.

Even when Ballin testified, Hall said, "I'm thinking about what I'm going to cook when I get home."

"I passed out when they said guilty, two years," she added. "I became a convicted felon."

Fowle stands by the couple's decision to report the crime but concedes that even she and Ballin were surprised at the conviction.

"I think that this is way too much of a punishment for her actions. This is just to me absolutely ridiculous," Fowle said. Community service would have made more sense, she said. "It's something that's going to make someone realize I did screw up, and I'm going to remember this, and I'm not going to do something like this again."

Hall's attorney, public defender Terence Patton, did not return calls for comment. Nor did Commonwealth's Attorney Daniel M. Chichester or Assistant Commonwealth's Attorney George Elsasser, who handled the case.

Elsasser argued in court that had Ballin been hit by the drink, he might have gotten into a serious accident with injuries. Hall also was found guilty of reckless driving, assault against Ballin and assault and battery against Fowle. For her conviction on those charges, the jury recommended she be fined $1,000.

According to court documents, Hall is unemployed and, with her husband's salary, the couple takes in $30,384 a year. She receives $388 a month in food stamps.

"It doesn't seem right for her not to be around," said Porter, who is watching one of Hall's three children, ages 4, 6 and 8. The younger two are with their grandparents. "We just hope that whatever they do, don't let them keep her. Without her, I don't know what I'll do."

Hall said she has cried every day she has spent locked up and wakes most days to find clumps of hair on her pillow from the stress. She shares a cell with two other women and spends 19 hours a day in the cell, she said.

When Hall talks about the incident, she sometimes jokes about how she will only fly over Virginia from now on and says other inmates sometimes throw things in her direction and say, "Watch out McMissile."

But in other moments, when she talks about the reality of a felony conviction, her expression goes blank. She was supposed to start nursing school the day after she was sent to jail, and she wonders what job she will be able to get once potential employers do a background check.

"Now people are going to see me as an angry, road rage, convicted felon. And it really upsets me," she said. "I must have been wrong . . . but seriously, God. Lesson learned. Lesson learned is one hour in this place."

© 2007 The Washington Post Company


I must say....road rage sure has its consequences. What do you think about this ordeal?

UPDATE: http://www.wfmynews2.com/news/mostpopul ... ovider=top

Quote:
Stafford, VA -- The 25-year-old military wife convicted of throwing a cup of ice into a car that cut her off on Interstate 95 in Virginia has been sentenced to probation.

Jessica Hall of Jacksonville, North Carolina has been in jail for more than a month since her bond was revoked.

A jury had recommended that Hall serve two years in prison, but the judge noted that Hall has no criminal record and placed her on probation for the felony conviction.

Hall's husband is in Iraq serving in the military. She admits flinging the cup of ice over her car into the other vehicle in anger after it cut her off twice in traffic. She says she was shocked by her conviction and concerned about her three young children.

After learning of her probated sentence, Hall thanked the judge and began to cry.


Well, I guess you could say this is a happy ending.

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Last edited by Bonanza on February 22nd, 2007, 3:11 am, edited 1 time in total.

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PostPosted: February 19th, 2007, 1:14 pm 
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Ummm. I think she should be punished...But that sentence is completely retarded. I've been in the car with people that get pissed at another driver and purposefully hit them with their vehicle. And then they play it off as an accident, have to pay more insurance, and go on with their lives.

So the woman threw a cup. OK..no big. Oh wow....the guy was gonna get into a huge accident, IN CRAWLING TRAFFIC!.

It's retarded and bogus. And this is part of what is wrong with the judicial system. I worked as a paralegals assistant for 2 years. This crap happens a lot more then you would think. And it's all retarded.

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PostPosted: February 19th, 2007, 2:33 pm 
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As far as I can tell from the article, the jury was instructed that it was a missile and that they gave her the MINIMUM. What is the jury supposed to do? Pretend that they didn't know it was considered a missile or somehow give her less than the statutory minimum? This shows a problem with LAW as drafted as well as inconsistenly enforced.


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PostPosted: February 19th, 2007, 3:41 pm 
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Dumb, dumb, dumb.

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PostPosted: February 19th, 2007, 4:18 pm 
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Amazing... two years for throwing ice. And a good friend of mine had the sh*t beat out of him by some guy who seriously needs some mental help... and my friend couldn't get as much as a restraining order on the asshole.

In light of that, I would like to point out that I've lost alot of respect for the judicial system. What little I had to start with.

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PostPosted: February 19th, 2007, 4:27 pm 
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Dumb, dumb, dumb.

I couldn't have said it any better. :)

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PostPosted: February 19th, 2007, 6:01 pm 
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Ummm. I think she should be punished...But that sentence is completely retarded. I've been in the car with people that get pissed at another driver and purposefully hit them with their vehicle. And then they play it off as an accident, have to pay more insurance, and go on with their lives.

So the woman threw a cup. OK..no big. Oh wow....the guy was gonna get into a huge accident, IN CRAWLING TRAFFIC!.

It's retarded and bogus. And this is part of what is wrong with the judicial system. I worked as a paralegals assistant for 2 years. This crap happens a lot more then you would think. And it's all retarded.


.... I think Kajak pretty much covered everything I was going to say. Sure, the woman did a childish thing for the moment, but, ... even the victims of her ice missiling agreed that the punishment does not make much sense. Why do many murderers and rapists seem to get off easier than that?


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PostPosted: February 19th, 2007, 8:21 pm 
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She should have known better than to go throwing something. Didn't she have anyone to say "Keep your hands to yourself"? Maybe she thought her vagina power would keep her out of trouble.

I digress, the sentence is way too much. I think the judge will reduce it.

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PostPosted: February 19th, 2007, 8:53 pm 
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Two years is too much. Should at least be 2 months or less. I've thrown rocks at cars and fireworks, almost caused a wreck or two.


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PostPosted: February 19th, 2007, 11:05 pm 
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Ixzion wrote:
She should have known better than to go throwing something. Didn't she have anyone to say "Keep your hands to yourself"? Maybe she thought her vagina power would keep her out of trouble.

I digress, the sentence is way too much. I think the judge will reduce it.


Indeed.

Reduction seems inevitable.

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PostPosted: February 19th, 2007, 11:41 pm 
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Jailtime in general seems excessive. As was said, community service would've been good enough.

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PostPosted: February 20th, 2007, 12:39 am 
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How about a good Apology


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PostPosted: February 20th, 2007, 12:45 am 
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I still don't see how this is a felony. Swerving in front of people could cause major accidents, but last I checked isn't even a misdemeanor, just a traffic violation. While I'll admit the article is playing up the oh she's a mom with 3 kids on welfare angle (well only foodstamps), I do think that anything more than a fine or license suspension in this case seems ludicrous to me. She only got $1000 fine for commiting both assault and assault and battery, yet launching a "missile" at another car, not really moving even, gets you 2 years minimum and a felony charge.

This whole thing is ridiculous. Whatever happened to people being able to solve their own disputes. Funny how it's mostly the governments fault that the traffic situation is what it is, continuing to stifle true transportation innovation, in lieu of big kickbacks from the oil and automotive industry. But that's a whole 'nother story. Oh irony, why do you taunt us so.

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PostPosted: February 20th, 2007, 11:00 am 
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As far as I can tell from the article, the jury was instructed that it was a missile and that they gave her the MINIMUM. What is the jury supposed to do? Pretend that they didn't know it was considered a missile or somehow give her less than the statutory minimum? This shows a problem with LAW as drafted as well as inconsistenly enforced.


You gotta realize that that law was ment for something else entirely. The law states that the minimum sentence is two years for a Missile being launched. The law was ment to apply to acts of murderous intent, such as someone launching a large object into traffic that could potentially kill someone. Or by launching an explosive device.

I've actually been involved in a case where this law was used. We had a kid throw a Molotov at a guy's car when he was leaving his school. Granted the cocktail was made incorrectly and couldn't even explode..... You know how they charged him? With launching what he thought was an explosive device. They didn't charge him with throwing a bottle of ammonia cause it could have distracted the guy and made him have an accident.

The lawyer in the woman's case completely twisted the wording of that law. And I don't care what he said to the jury. They have the right to interpret the law as they see fit. That's part of what serving on a jury means. That's part of determining guilt.

----------------------------------

Yes she did something wrong. But I guarantee that most of us have done something worse. I know I have. It's stupid that our judicial system wastes time on something like this. And it's straight unfair. Not to mention with a two year jail sentence that would be two years that tax payers have to provide for her life in a prison for throwing a cup of liquid. Sorry....But I don't feel like paying for that.

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PostPosted: February 20th, 2007, 11:09 am 
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Kajak wrote:

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Not to mention with a two year jail sentence that would be two years that tax payers have to provide for her life in a prison for throwing a cup of liquid. Sorry....But I don't feel like paying for that.


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PostPosted: February 20th, 2007, 12:11 pm 
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this is why i refuse to get my lisence. i know ill get road rage and eventually slamming into someone for the sole purpose of telling em to learn to drive. LOL.

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PostPosted: February 20th, 2007, 12:15 pm 
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I'm not familiar enough with the case, but I highly doubt that the jury thought they had a choice. Does anybody really believe a jury would give her 2 years unless they felt they had to. I'm not familiar enough with the legal system, but it is my understanding that jurors are not there to interpret the law, but rather to determine whether or not the person is guilty as charged. Regardless of who the law was meant for, if the attorney can make the case that the action fit the law AS DRAFTED, I think she has a problem. I would gues that you need to blame the attorney, possibly the victims, and certainly whoever drafted the law. Did they legally have the option to give her less time while still considering it a missle?


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PostPosted: February 20th, 2007, 1:50 pm 
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So what you're saying is, if I throw a Wendy's cup of soda into the window of a guy's car in the McDonald's drive-up, I should get two years in prison because that's what should be done? Because if I'm reading this right, that's about the speed they were going in that traffic jam.

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PostPosted: February 20th, 2007, 2:57 pm 
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I can understand what you're talking about, Dray, but Ixzion said it best: the woman understood what she did, and let her emotions get the best of her.

I wonder how the situation would have been if a man had committed this crime, just thinking hypothetically...

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PostPosted: February 20th, 2007, 3:50 pm 
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There is a difference between ethics, morals, law as idealized, and law as realized.

I don't know of anyone, myself included, that believes that 2 years is "what should be done" ethically or morally, or with respect to law as idealized, but maybe it is "what should be done" with respect to law as realized. If the jury has a legal responsibility to treat the cup as a missile because the ATTORNEY CHOSE TO ARGUE IT and the LAW ALLOWS FOR IT to be argued as such then they should treat the cup as a missile if the attorney’s argument is persuasive that the cup fit the criteria to be classified as a missile. If their hands are tied and the MINIMUM they can give is 2 years, then that is what they should do.

The attorney made the charge and the case. If the attorney's argument was persuasive that the cup was a missile, then they would be acting unethically, immorally, contrary to law as idealized, and contrary to law as realized to find her NOT guilty, as they had no reasonable doubt that she threw the cup. They then did the right thing by giving her the minimum amount of time for the charge the attorney brought forth and that the law as drafted allows to have effect. The question is why they found the argument that it was a missile to be persuasive, NOT why did they give her 2 years, because they were required to give her that as a minimum once they were persuaded that the cup fit the legal definition of missile. It seems that the problem is the attorney and the system of law, not the jury fulfilling their legal obligation.

I repeat my question. Why does anyone really think they would agree to give her two years unless their hands were tied?


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