U.S. Law system becomes more and more a joke. I can see why the Law is on the books and actually using the Law but the Officer as well as the assailant have both been cleared of diseases so the man did not spit a deadly weapon which is what the intent of the Law is to prosecute. So applying the Maximum of the Law seems Draconian in this case, he did not kill the cop.
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Man Gets Life in Prison for Spitting
Thu Jul 3,12:23 PM ET
SAPULPA, Okla. - A convicted rapist has been sentenced to life in prison for spitting on a police officer.
Creek County Associate District Judge April Sellers White followed the recommendation of a jury for the maximum sentence against John C. Marquez under a law that makes it a felony to place bodily fluids on law enforcement officers.
White rejected a prosecution request for a 25-year prison term and a defense request for a four-year term.
Following sentencing Monday, Marquez's attorney, Jason Serner, promised an appeal to the state Court of Criminal Appeals. No appeal had been filed by Thursday.
Marquez, 35, was convicted of hurling body fluids on Sapulpa Officer Charles Gadd while Gadd was taking Marquez to jail following a domestic disturbance in which a woman's arm was broken.
The 1996 state law that makes it a felony to place bodily fluids on law enforcement officers was enacted amid concerns that deadly diseases, such as AIDS (news - web sites), could be transmitted this way.
Gadd told the jury that Marquez spit on him despite being warned and then bit him when Gadd was trying to prevent Marquez from spitting again.
Gadd and Marquez tested negative for any communicable diseases.
The jury took 15 minutes on May 14 to recommend the life sentence. Marquez's prior felony convictions, including rape and burglary, were taken into consideration in determining the sentence.
In addition to the life term, Marquez received one year in jail and a $3,000 fine for his conviction for domestic assault and a $500 fine for resisting a peace officer.
Telephone calls to the judge, the prosecuting attorney and the defense attorney were not returned Thursday.
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Man Gets Life in Prison for Spitting
Thu Jul 3,12:23 PM ET
SAPULPA, Okla. - A convicted rapist has been sentenced to life in prison for spitting on a police officer.
Creek County Associate District Judge April Sellers White followed the recommendation of a jury for the maximum sentence against John C. Marquez under a law that makes it a felony to place bodily fluids on law enforcement officers.
White rejected a prosecution request for a 25-year prison term and a defense request for a four-year term.
Following sentencing Monday, Marquez's attorney, Jason Serner, promised an appeal to the state Court of Criminal Appeals. No appeal had been filed by Thursday.
Marquez, 35, was convicted of hurling body fluids on Sapulpa Officer Charles Gadd while Gadd was taking Marquez to jail following a domestic disturbance in which a woman's arm was broken.
The 1996 state law that makes it a felony to place bodily fluids on law enforcement officers was enacted amid concerns that deadly diseases, such as AIDS (news - web sites), could be transmitted this way.
Gadd told the jury that Marquez spit on him despite being warned and then bit him when Gadd was trying to prevent Marquez from spitting again.
Gadd and Marquez tested negative for any communicable diseases.
The jury took 15 minutes on May 14 to recommend the life sentence. Marquez's prior felony convictions, including rape and burglary, were taken into consideration in determining the sentence.
In addition to the life term, Marquez received one year in jail and a $3,000 fine for his conviction for domestic assault and a $500 fine for resisting a peace officer.
Telephone calls to the judge, the prosecuting attorney and the defense attorney were not returned Thursday.
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