I'm Not Scared': She Faces Life in Prison After Allegedly Buying Red Protest Paint

[JoeOtterbein]

Source: The Daily Beast

Madalena McNeil is accused of buying red paint before a protest. Under aggressive new criminal charges, it could mean she spends the rest of her life in prison.

McNeil, 28, was among four people charged Tuesday for their alleged actions at a July Salt Lake City, Utah, protest over a district attorney’s decision that the fatal police shooting of a young man was justified. Protesters allegedly splashed red paint on the DA’s office, broke windows, and hung signs calling for justice for the slain man.

But instead of merely charging the protesters with vandalism or even rioting, that same DA used a charging enhancement to claim they operated as a gang. Under the new charges, the demonstrators face up to life in prison. It’s the latest in a pattern of harsh measures that ratchet up potential penalties by treating protesters like a criminal conspiracy.

“I'm not scared because I think that I did anything wrong, because I know that I didn't,” McNeil told The Daily Beast. “But it would be very foolish of me to look at the potential for life in prison and not be scared. When I heard about that [the charges] I realized that in the eyes of the state, I had become an enemy for exercising what is supposed to be a protected right.”



Read more: https://www.thedailybeast.com/utah-woman-madalena-mcneil-faces-life-in-prison-after-allegedly-buying-red-protest-paint?ref=home

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We are already becoming an totalitarian nation.

[msongs]

1. nice analysis and opinion piece nt

[JoeOtterbein]

5. This from the article is not opinion or analysis...

“There’s all of these biases and these connotations about being a thug and being a gang and getting together to commit crimes. To me, the message is, ‘Don’t think you can be near each other. If you are near someone who does something at a protest, then you could be in trouble, too,’” McNeil said.

It is true.

[DallasNE]

22. Guilt By Association

I don't buy that. You have to lend support in some manner. The woman at the Auto Zone store that attempted to stop the umbrella man could be in trouble too by this reasoning.

[niyad]

28. Did you actually read the article? Whether you believe it or not, it is happening.

[riversedge]

2. My stomach actually turned when I read this--enhanced charges--life in prison. my gawd.

[JoeOtterbein]

3. I almost lost my dinner.

I feel so powerless right now.

[riversedge]

9. I have felt that way for a long while now-but articles like this really remind me of the seriousness

of having Barr and Trump in charge.

[JoeOtterbein]

10. Thanks. It's always great to know that others...

...feel the same.

(w/tearsnfears)

[Hamlette]

20. this has nothing to do with Barr or Trump

Gill is a Democrat and a decent guy. The cop who shot the kid should not have been charged. The kid had a gun and pointed it at cops and others more than once. In fact, he dropped the gun three times and picked it up each time. Trust me. no defense attorney in Salt Lake thinks the cop should have been prosecuted.

This protest was stupid. They broke the windows in a new building and painted the street red. Life sentence? No way. But take that up with the legislature.

[Demsrule86]

31. sorry...this is justice run amok...and we are going to have to do something... our rights will

not be trampled in this manner.

[CrispyQ]

37. And some areas are releasing protestors but telling them they no longer have the right to protest.

I wish I had a dollar for every time one of my hiking partners said it can't happen here. I'd have a righteous party.

[LudwigPastorius]

4. This is an unconscionable move by DA Sim Gill.

He claims to be a member of the Democratic party? Well, Utah Democrats need to let Gill know that they will not support him when he is up for reelection in 2022.

He shouldn't even be the one pursuing this case since the protestors where targeting his actions and his office building. It is a clear conflict of interest.

Ms. McNeil should not be worried though. Even if she were brought to trial on those charges, a jury would acquit her handily.
...and, if they didn't, the conviction would be overturned on appeal for violation of the Eighth Amendment.

[paleotn]

6. Sure, the DA can charge them with that....

They can charge people with a whole host of shit. But getting it to stick in court is a whole different ballgame. Charging someone with everything but the kitchen sink is a common tactic to get the accused to cop a plea, provide info or testimony against others, etc., etc. It doesn't mean a DA actually thinks that shit will fly in court.

"I could put you away for a long, long time, but if you [fill in the blank] we could knock that down to say...time served plus probation. So what's it going to be?"

[Grokenstein]

12. It would be some argument.

"We want this person sentenced to life in prison for buying paint."

[paleotn]

32. Seriously.

It's just scare tactics for folks that don't know their rights, don't know how criminal justice works in the US and can't afford decent legal representation. DA's have been doing this shit to people for ages. Sometimes for good reason. Sometimes for nefarious reasons.

[Kaiserguy]

7. This person need to hear

from a whole lot of people just what we think of this BS. He will be hearing from me what I think about this and what kind of man he is!!

[NBachers]

8. JHC Trump & the Republican Party are the biggest RICO crook gang this nation's ever seen! Trillions

of dollars looted, sabotaged election system from Federal to local, and soon 200,000 dead Americans! Ganging in partnership with worldwide criminal syndicates! Where are your charges against these extinction-level planet-destroying gangsters, douchebag??

[Hoyt]

11. Prosecutor Gill told the AP, "I don't think anyone is going to be going to prison on this."

[JoeOtterbein]

13. It's the charge that is the...

...crime.

[Illumination]

17. Agree JoeOtterbein! Look what the criminal in the W.H. has done & is doiing! Our justice system

sure needs lots of fixing!

[JoeOtterbein]

19. Agreed two! nt

[Illumination]

35. Thank you Joe for responding! It's a very scary time in America with the Trump monster in charge!

[paleotn]

33. That's correct. It's criminal, but all too common.

[Illumination]

14. As if this is worse than all the criminal activity Trump has done?

[JoeOtterbein]

15. One of the worst is...

...is horrible enough.

[DallasNE]

16. 8th Amendment

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Plus, the DA bringing the charges was the target of the paint attack. He has a massive conflict of interest as a result making this a huge abuse of power item.

[Takket]

21. this

Any judge that doesn’t throw that charge out hasn’t read the constitution

[iluvtennis]

18. This is ludicrous. I sure hope the ACLU get involved in this as it's civil rights violation of

protesters.

[BadgerMom]

24. ACLU jumped to my mind immediately.

[GETPLANING]

23. Fascism never rests

[Delphinus]

27. You said it!

[Calista241]

25. So many of these protesters are going to be fighting cases in the coming months.

DA’s can fight some of them, but there’s a shitload of people that are going to be doing time. Cops are going to be flexing their muscles in the coming months against mayors, prosecutors and city councils. It’s Going to get ugly.

Some of those people in Portland will be spending some serious time in federal prison. If you threw a firework, or had one of those lasers, or set a fire, they’re done. Only hope is for a Biden pardon.

[RicROC]

26. max terms 20 years

Seems to me in Michael Moore's film 'Where to Invade Next', Finland has a law that prison terms can be no longer than 20 years. I think it's time that the US adopt that law.

I'd have to think about those incidences involving murder/death but leaving that issue aside, I think any prison sentence should be no longer than 20 years. That should save the taxpayers some money, along with keeping imprisonment to a controlled level.

[marble falls]

30. Absolutely. 20 years at the absolute most, life w/o parole is a chickenshit form of death sentence.

[marble falls]

29. Its not as if Prosecuters haven't tried to pull this crap before ...

and failed.

[dalton99a]

34. Kick

[Steelrolled]

36. I'd say 6 months would be about right (if convicted)