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Sentence commuted in racially charged shooting

SamanthaJane13

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ALBANY — New York Gov. David Paterson commuted the sentence Thursday of a black man imprisoned for the racially charged shooting death of a white teenager on Long Island, a decision in the final days of his administration that infuriated the lawyer who prosecuted the case.

Paterson said the five months John Harris White has served was enough time for the emotion-fueled 2006 shooting death of Daniel Cicciaro, 17. Paterson said everybody connected with the case had suffered enough, and White was released Thursday.

White teenagers were feuding with John White’s 19-year-old son when they went by the carload to their home in August 2006. White was convicted of manslaughter for shooting one of the teenagers at the foot of White’s driveway, in what he referred to as a lynch mob.

A judge sentenced White to two to four years in prison, a fraction of the maximum, exactly four years ago Thursday. He finally went to prison in July this year after his appeals were rejected.

Cicciaro’s father, Daniel Sr., screamed at the verdict after the four-week trial: “Let’s see what happens when Aaron White gets shot.” :yesnod:

White arrived at his home early Thursday afternoon.

“Merry Christmas,” said a smiling White, according to the New York Daily News. “I’m definitely glad to be home with my family for Christmas, and I hope everyone has a pleasant and happy holiday.”

“He is happy to be spending this very special Christmas with his family,” said White’s lawyer, Paul Gianelli. He wouldn’t say whether White had sought a pardon. :ack2:

“The only thing that matters right now is his personal liberty and his ability to rejoin his family,” Gianelli said. “The case is finished. It’s over and done with.”

Suffolk County District Attorney Thomas J. Spota blasted Paterson for the way he handled his decision.

“I strongly believe the governor should have had the decency and the compassion to at least contact the victim’s family to allow them to be heard before commuting the defendant’s sentence,” Spota said.

:iagree:

Spota said a court, upheld by an appellate court, agreed that a reasonable person wouldn’t have believed deadly force was needed that hot summer night.

In a courtroom secured by 18 police officers because of the racial tensions, White testified that he was trying to protect his family when the white teenagers turned up at his house. He claimed his pistol fired accidentally when Cicciaro lunged for it.

The victim had a blood-alcohol reading above the legal limit for driving and was just 3 inches from the pistol when he was shot. :angry:

White had said his son, Aaron, woke him around 11 p.m. to say teens he had argued with at a party were headed to the Whites’ house in Miller Place, a predominantly white community on eastern Long Island.

The younger White had complied earlier with a request to leave the beer bash after he was suspected of posting online threats against a teenage girl at the party. The story of the threats turned out to be bogus, but when Cicciaro and others heard about what happened, they headed for Miller Place, making cell phone calls to Aaron White.

John White testified that he grew up in Brooklyn hearing stories about how the Ku Klux Klan had torched his grandfather’s business in Alabama in the 1920s. He said he feared a similar attack was about to happen. :rolleyes:

White was sentenced to more time in prison for owning an illegal weapon than for the killing. He got two years for possession of the gun, and 1 1/3 to four years for manslaughter, to be served at the same time.

:angry:

In prison since July 9, records show one misbehavior report, for smoking inside, which didn’t affect White’s sentence.

“Our society strives to be just, but the pursuit of justice is a difficult and arduous endeavor,” Paterson, who is black, said in the commutation, one of his last acts in office.

“While the incident and Mr. White’s trial engendered much controversy and comment, and varying assessments of justice were perceived, its most common feature was heartbreak,” Paterson said. “My decision today may be an affront to some and a joy to others, but my objective is only to seek to ameliorate the profound suffering that occurred as a result of this tragic event.”

State workers contacted the victim’s mother Thursday morning, corrections spokesman Linda Foglia said. Two phone numbers for a Daniel Cicciaro, the name of the victim’s father, on Long Island were out of service when The Associated Press called them Thursday.

“This is an inspiring example of an elected official using commutation powers for good,” said Benjamin Jealous, president of the National Association for the Advancement of Colored People. The NAACP sought a full pardon. :ack2:

The Rev. Al Sharpton said that he hoped the families would move toward healing and that the governor “showed great courage and fairness.”

Sharpton had led a rally in Riverhead, the county seat, complaining that none of the teenagers who arrived at White’s house was prosecuted. The district attorney’s office said the White family refused to cooperate with a police investigation.

The spokesman said a canvass of the neighborhood found no evidence or witnesses to corroborate allegations made by White’s attorneys.


http://auburnpub.com/news/state-and-regional/article_02d24eca-0f12-11e0-96cb-001cc4c03286.html
 
Suffolk County DA reacts to White commutation

HAUPPAUGE – Suffolk County District Attorney Thomas Spota is taking issue with Gov. David Paterson’s commutation of the sentence of John White, convicted in 2007 of second degree manslaughter and third degree criminal possession of a weapon in the shooting death of Daniel Cicciaro, 17, during a confrontation in the street in front of White’s home in August of 2006.

White was sentenced in Suffolk County court on March 19, 2008 to up to four years in prison.

Paterson, this week, commuted the sentence of White, to time served.

“I strongly believe the Governor should have had the decency and the compassion to at least contact the victim’s family to allow them to be heard before commuting the defendant’s sentence.”

He was incarcerated in July after an appellate court upheld the conviction. The court found “ample support for the jury’s conclusion that a reasonable person in the defendant’s position… would not have believed that the use of deadly force was necessary…” and deadly physical force was not justified…”.


http://www.empirestatenews.net/News/20101225-4.html
 
It's stories like these that make me wonder if there is such a thing as "racial equality" in the United States these days. Sounds to me like some people are getting the upper hand by using their skin color as a way to justify acts like that.

People who are politically correct just ignore reality for the sake of their reputation. I personally don't see skin color, I just see stupidity, greediness, and hypocrisy in ALL colors of the rainbow and ALL religions. Nobody should get special treatment. After all, we're all equal... right?
 
It's stories like these that make me wonder if there is such a thing as "racial equality" in the United States these days. Sounds to me like some people are getting the upper hand by using their skin color as a way to justify acts like that.

People who are politically correct just ignore reality for the sake of their reputation. I personally don't see skin color, I just see stupidity, greediness, and hypocrisy in ALL colors of the rainbow and ALL religions. Nobody should get special treatment. After all, we're all equal... right?

All I can say, is if a bunch of white AHS come on my property to start some crap, I'm gonna defend myself and my property too, so if one of them gets shot, so be it.:reddevil:

Did you miss the point where there was a CAR LOAD of white boys trying to start some mess? It's not like White just shot Cicciaro because he was white.

Some of you make me wonder...... can't seem to see a WHOLE story.
 
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What a load of b.s
If this was the other way around and a white guy was the shooter he would get life in prison.
Another blind eye turned on justice just like when the panthers were blocking votes for Obama.

Doesn't matter who did what, there was no weapon involved from the victim, he was murdered..end of story!
 
It's stories like these that make me wonder if there is such a thing as "racial equality" in the United States these days. Sounds to me like some people are getting the upper hand by using their skin color as a way to justify acts like that.

People who are politically correct just ignore reality for the sake of their reputation. I personally don't see skin color, I just see stupidity, greediness, and hypocrisy in ALL colors of the rainbow and ALL religions. Nobody should get special treatment. After all, we're all equal... right?

:iagree:
 
Let's do this again...just to help a few of you out....

ALBANY — New York Gov. David Paterson commuted the sentence Thursday of a black man imprisoned for the racially charged shooting death of a white teenager on Long Island, a decision in the final days of his administration that infuriated the lawyer who prosecuted the case.

Paterson said the five months John Harris White has served was enough time for the emotion-fueled 2006 shooting death of Daniel Cicciaro, 17. Paterson said everybody connected with the case had suffered enough, and White was released Thursday.

White teenagers were feuding with John White’s 19-year-old son when they went by the carload to their home in August 2006. White was convicted of manslaughter for shooting one of the teenagers at the foot of White’s driveway, in what he referred to as a lynch mob.
A judge sentenced White to two to four years in prison, a fraction of the maximum, exactly four years ago Thursday. He finally went to prison in July this year after his appeals were rejected.

Cicciaro’s father, Daniel Sr., screamed at the verdict after the four-week trial: “Let’s see what happens when Aaron White gets shot.” Threats of violence show me where the boy may have gotten his temper.
White arrived at his home early Thursday afternoon.

“Merry Christmas,” said a smiling White, according to the New York Daily News. “I’m definitely glad to be home with my family for Christmas, and I hope everyone has a pleasant and happy holiday.”

“He is happy to be spending this very special Christmas with his family,” said White’s lawyer, Paul Gianelli. He wouldn’t say whether White had sought a pardon.
“The only thing that matters right now is his personal liberty and his ability to rejoin his family,” Gianelli said. “The case is finished. It’s over and done with.”

Suffolk County District Attorney Thomas J. Spota blasted Paterson for the way he handled his decision.

“I strongly believe the governor should have had the decency and the compassion to at least contact the victim’s family to allow them to be heard before commuting the defendant’s sentence,” Spota said.

Spota said a court, upheld by an appellate court, agreed that a reasonable person wouldn’t have believed deadly force was needed that hot summer night. This is BS! He was outnumbered..was he supposed to wait till they all got on him to see what they were gonna do?:reddevil:

In a courtroom secured by 18 police officers because of the racial tensions, White testified that he was trying to protect his family when the white teenagers turned up at his house. He claimed his pistol fired accidentally when Cicciaro lunged for it.

The victim had a blood-alcohol reading above the legal limit for driving and was just 3 inches from the pistol when he was shot. ....Yeah, this supports White's story!White had said his son, Aaron, woke him around 11 p.m. to say teens he had argued with at a party were headed to the Whites’ house in Miller Place, a predominantly white community on eastern Long Island.

The younger White had complied earlier with a request to leave the beer bash after he was suspected of posting online threats against a teenage girl at the party. The story of the threats turned out to be bogus, but when Cicciaro and others heard about what happened, they headed for Miller Place, making cell phone calls to Aaron White.

John White testified that he grew up in Brooklyn hearing stories about how the Ku Klux Klan had torched his grandfather’s business in Alabama in the 1920s. He said he feared a similar attack was about to happen. White was sentenced to more time in prison for owning an illegal weapon than for the killing. He got two years for possession of the gun, and 1 1/3 to four years for manslaughter, to be served at the same time.

In prison since July 9, records show one misbehavior report, for smoking inside, which didn’t affect White’s sentence.

“Our society strives to be just, but the pursuit of justice is a difficult and arduous endeavor,” Paterson, who is black, said in the commutation, one of his last acts in office.

“While the incident and Mr. White’s trial engendered much controversy and comment, and varying assessments of justice were perceived, its most common feature was heartbreak,” Paterson said. “My decision today may be an affront to some and a joy to others, but my objective is only to seek to ameliorate the profound suffering that occurred as a result of this tragic event.”

State workers contacted the victim’s mother Thursday morning, corrections spokesman Linda Foglia said. Two phone numbers for a Daniel Cicciaro, the name of the victim’s father, on Long Island were out of service when The Associated Press called them Thursday.

“This is an inspiring example of an elected official using commutation powers for good,” said Benjamin Jealous, president of the National Association for the Advancement of Colored People. The NAACP sought a full pardon.
The Rev. Al Sharpton said that he hoped the families would move toward healing and that the governor “showed great courage and fairness.”

Sharpton had led a rally in Riverhead, the county seat, complaining that none of the teenagers who arrived at White’s house was prosecuted. The district attorney’s office said the White family refused to cooperate with a police investigation.

The spokesman said a canvass of the neighborhood found no evidence or witnesses to corroborate allegations made by White’s attorneys. (Of course they found no evidence, it was a mostly WHITE neighborhood!)
http://auburnpub.com/news/state-and-regional/article_02d24eca-0f12-11e0-96cb-001cc4c03286.html
 

It's called Mitigating Circumstances!:shrug01:

If a carload of DRUNK angry blacks that were threatening your child were come on YOUR doorstep, I wouldn't blame YOU for fearing for your life and shooting either.

It's not about black and white...not actually...it's more about circumstances!!
 
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It's called Mitigating Circumstances!:shrug01:

If a carload of DRUNK angry blacks that were threatening your child were come on YOUR doorstep, I wouldn't blame YOU for fearing for your life and shooting either.

It's not about black and white...not actually...it's more about circumstances

(from my perspective)
 
It's not about black and white...not actually...it's more about circumstances!!

I agree with you there, absolutely.

My question here is, and i'm really not trying to be a smartie pants, i'm just trying to understand, why is this guy so special that he should only serve 5 months for killing somebody?

I'd be willing to bet that there are thousands, if not tens or hundreds of thousdands, of criminals serving their full term for the crime of killing somebody, regardless of the circumstances.
 
I agree with you there, absolutely.

My question here is, and i'm really not trying to be a smartie pants, i'm just trying to understand, why is this guy so special that he should only serve 5 months for killing somebody?

I'd be willing to bet that there are thousands, if not tens or hundreds of thousdands, of criminals serving their full term for the crime of killing somebody, regardless of the circumstances.

Why shouldn't he? And there's many other people that have been released under less circumstances. Why should only HE have to serve full time? The guy has no priors, he didn't seek the teens out, he wasn't on their property and he was just woken and got out of bed to deal with this threat to his family.

I read the story as the boy came up on him (it doesn't say if the other guys were behind him or not) and the evidence bears that out, the boy was drunk, had a gang and was threatening. I am sure that under the same pressure it could have happened to anyone that was previously programmed on how to react under these circumstances.
 
Sometimes when you go looking for trouble you find it.

A 17 year old out drinking..... gets a carload of people to go beat down someone at their house..... his father should have raised him better.
 
Forgive me but regardless of the color of one's skin killing is killing. This, to me, sounds like murder. This doesn't in any way sound like an unintentional shooting or something that was an accident. The unregistered weapon is of no issue either.
Common sense simply state that you don't take a gun out if you have zero intention of using it. Why not just call the police???? I mean really.

The shooter deserves WAY more then FIVE MONTHS for taking someone's life. It even flat out says he wasn't placed in prison for the killing till July 9 of 2010! So he served five months for manslaughter! Regardless of if the teenager was drunk or not he was an adult and brought a gun out. There's a reason 911 is in place and there are officers on patrol. I see nothing in the stories about police being called till AFTER the kid was shot. You fear for your family and self yet you don't call police???? What about that am I not understanding?????

Again this has nothing to do with race, being white, black or purple it has everything to do with a human being killing another human being and only serving FIVE MONTHS in prison for it.
 
Forgive me but regardless of the color of one's skin killing is killing. This, to me, sounds like murder. This doesn't in any way sound like an unintentional shooting or something that was an accident. The unregistered weapon is of no issue either.
Common sense simply state that you don't take a gun out if you have zero intention of using it. Why not just call the police???? I mean really.

The shooter deserves WAY more then FIVE MONTHS for taking someone's life. It even flat out says he wasn't placed in prison for the killing till July 9 of 2010! So he served five months for manslaughter! Regardless of if the teenager was drunk or not he was an adult and brought a gun out. There's a reason 911 is in place and there are officers on patrol. I see nothing in the stories about police being called till AFTER the kid was shot. You fear for your family and self yet you don't call police???? What about that am I not understanding?????

Again this has nothing to do with race, being white, black or purple it has everything to do with a human being killing another human being and only serving FIVE MONTHS in prison for it.

And the kids should get what? They were there on the porch and NOT peacefully. It's about time some of them learned there are CONSEQUENCES for their damn behavior.

We don't know that the police were not called earlier and just took their sweet time showing up.
 
WTH? A carload of drunk angry teens shows up and is on your porch to beat up your kid.. and you'd just call the cops while they murder your own kid? How many accounts are in the news about teens beating another to death, throwing acid on each other, setting a boy on fire.. etc.. but you think this entire group were there to just have a tea party? They were right on top of the guy.. that's NOT a teen just there for no reason. Damn right I'd have shot them, black white or green.

It's not murder when there's several people advancing on you on your own property in a threatening manner especially when they came specifically to hurt one of the family members. In my opinion he shouldn't have had any jail time as it's self-defense. He didn't go to THEIR houses.. he didn't go off and find these people to shoot them. They came to his house threatening people.

I'm glad I live in a state that has a law regarding my right to defend myself in my own house. I feel bad there's places where you have to call the cops and wait however long until they get around to arriving while the ATTACKERS are beating your family members or killing someone you love.
 
The biggest problem I have with this entire incident was the shooter was in his house before the carload of potential attackers had arrived. Why did he feel compelled to take his illegally owned fire arm and go outside to confront the mob. If he had remained inside this incident would have at best ended up with a bunch of drunk underage morons getting arrested and we'd never hear about the story, and at worst, the shooting would have occured inside of the house at which point it would have been 100% justified. We aren't talking about an incident where they pulled up on the shooter while he was getting out of his car and attacked him before he could go inside for safety.

I would like to know also if the remaining members of the group were charged with anything, whether it be underage drinking, or??? And if not why.
 
The biggest problem I have with this entire incident was the shooter was in his house before the carload of potential attackers had arrived. Why did he feel compelled to take his illegally owned fire arm and go outside to confront the mob. If he had remained inside this incident would have at best ended up with a bunch of drunk underage morons getting arrested and we'd never hear about the story, and at worst, the shooting would have occured inside of the house at which point it would have been 100% justified. We aren't talking about an incident where they pulled up on the shooter while he was getting out of his car and attacked him before he could go inside for safety.

I would like to know also if the remaining members of the group were charged with anything, whether it be underage drinking, or??? And if not why.


I.C.§18-4009, JUSTIFIABLE HOMICIDE BY ANY
PERSON

2. When committed in defense of habitation, property
or person, against one who manifestly intends or
endeavors, by violence or surprise, to commit a felony,
or against one who manifestly intends and endeavors,
in a violent, riotous or tumultuous manner,
to enter the habitation of another for the purpose of
offering violence to any person therein.
State Preemption Law
I.C. §18-3302J(2), PREEMPTION OF FIREARMS

http://www.answers.com/topic/self-defense-wordnet#Legal_status_of_self-defense

In a courtroom secured by 18 police officers because of the racial tensions, White testified that he was trying to protect his family when the white teenagers turned up at his house. He claimed his pistol fired accidentally when Cicciaro lunged for it.

The victim had a blood-alcohol reading above the legal limit for driving and was just 3 inches from the pistol when he was shot
.

Not to read more into this than is there...but those THREE INCHES tell me that perhaps Mr. White WAS in the house and the intruder had approached the house and he stepped out to tell him to go away...THREE INCHES...stupid male......someone is waving a gun and you don't turn around and leave?

I would have a problem if the teen had been shot in the back..but 3 THREE inches tells me that the intruder wasn't up to any good, and we don't know where the rest of the gang was or what the threats were.

Why should I or anyone have to cower in our houses waiting for assistance while someone is "ON OUR PORCH" threatening harm? Perhaps they were ready to burn the house or threatening..there are too many "What ifs" and I still want to know where those other males were while all this was happening.
 
The article says the shooting occured at the foot of the driveway, the term foot leaves alot of vagueness as to where exactly the foot is. The way I interpret it is at the end, such as the foot of the bed. I could be mistaken, and for arguments sake lets say the foot of the driveway is at the end closest to the house.

How far is the average driveway from the front door of ones home? Definitely more then 3".

The lack of anything mentioning the mob threatening to burn down/destroy the Whites home tells me it was never said, as it would have been a key component to the defense, or at the very least justification for the Governor to commute the sentence.

Why should I or anyone have to cower in our houses waiting for assistance while someone is "ON OUR PORCH" threatening harm? Perhaps they were ready to burn the house or threatening..there are too many "What ifs" and I still want to know where those other males were while all this was happening.

The reason to cower in your own home is because unjustified man slaughter to prevent property damage awaiting law enforcement to arrive, in most states IS the legal way to go about things. People can feel all the right in the world to go outside and shoot a perpetrator but if the laws aren't written to allow such behavior it is a crime and reason justified or not doesn't lessen that fact. If someone lives in a location where they do not agree with the laws they should move, or at the very least try to change said laws.

Taking the fire arm outside to confront the mob was the wrong decision to make, and the eventual death of one of the mob whether Whites intentions when he brandished the fire arm was a consequence that deserved punishment. The appropriate length of said punishment is something that is best left to those who have had all details provided for them, as in a courthouse with appropriate representatives for both sides. From what I've gathered his sentence falls in line with manslaughter (varying from 12 months to 5+ years depending on the details).

I find this situation unfortunate, as it appears to have been a tragedy that should have and likely could have been avoided, and the lack of information provided to the public is allowing others (all of us) to form opinions on only part of the story and making it a more heated discussion then it should be.
 
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