77-year old is beaten for comics, dies

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gamerguru100

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#1 gamerguru100
Member since 2009 • 12718 Posts

ALBANY, N.Y.— An unassuming 77-year-old bachelor who had hoped to sell a valuable comic book collection and leave the money to his family was robbed by a Rochester businessman's thugs, was roughed up and hours later died of a heart attack, authorities said.

Homer Marciniak got his first comic book when he was 6 and hoped to leave his sisters and nephew with the proceeds from the collection, valued at $40,000 to $100,000, said Jose Avila, police chief in Medina, in rural western New York between Rochester and Buffalo.

That quest took him to several comic book shops in the Rochester area — and to Rico Vendetti, the owner of a tavern and a restaurant who once owned a collectibles business, the police chief said.

"I think he ran into the wrong person, and this person thought, 'This is something I can get from this guy,'" Avila said.

Marciniak, who wasn't married and had no children, was a "very well-known, very quiet churchgoing man" around Medina who had worked as a janitor at a bank, said Avila, the police chief.

Thieves broke into his home around 4 a.m. July 5 and hit him in the face. He was treated at a hospital, returned home that afternoon and was interviewed by police, and died of the heart attack after officers left, the police chief said. He had a heart condition, authorities said.

The case broke Thursday night when a woman charged with prostitution in Rochester gave investigators information that led to the arrest, Orleans County District Attorney Joseph Cardone said.

Police charged Vendetti, 41, and Juan Javier, 17, with burglary. They are not charged with beating Marciniak and will not be charged with murder, Avila said, but more charges are pending against them and more arrests are expected.

Vendetti was freed after posting $100,000 bail Friday. Javier was arraigned Monday and jailed on $100,000 bail. Messages left with their lawyers weren't immediately returned. Messages left for Vendetti at his two Rochester businesses — Papa Van's Restaurant and Al's Green Tavern — also went unreturned.

The comic books haven't been recovered, and the exact connection to the woman charged with prostitution wasn't clear.

In addition to the comic books, some of which dated to the '30s and '40s, the thieves made off with cash, coins and firearms, authorities said.

Avila said that in the weeks afterward, he and his wife spent Sundays visiting flea markets and garage sales, hoping a comic book dealer would have a tip that could lead to an arrest, Avila said.

"I was hoping to get a lucky break for Homer," Avila said. "He could not handle losing those comic books. To him, they were priceless."

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Why the hell aren't the burglars being charged for beating Homer Marciniak? :? :| They should be charged for murder, too.

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Xx_Hopeless_xX

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#2 Xx_Hopeless_xX
Member since 2009 • 16562 Posts

How are they not responsible for his death?..

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tocklestein2005

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#3 tocklestein2005
Member since 2008 • 5532 Posts

not the most shocking story I've ever heard...

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bloodling

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#4 bloodling
Member since 2006 • 5822 Posts

No, they shouldn't be charged with murder.

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Strider_91

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#5 Strider_91
Member since 2007 • 6570 Posts
Thats a heart breaking story.. he went out trying to provide security for his family and gets that, sounds like a great bloke.. And they should be charged with at least manslaughter.. they deserve to rot :)
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worlock77

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#6 worlock77
Member since 2009 • 22552 Posts

How are they not responsible for his death?..

Xx_Hopeless_xX

Because they didn't kill him.

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Xx_Hopeless_xX

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#7 Xx_Hopeless_xX
Member since 2009 • 16562 Posts

[QUOTE="Xx_Hopeless_xX"]

How are they not responsible for his death?..

worlock77

Because they didn't kill him.

Edit: Nevermind..

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DJ_Lae

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#8 DJ_Lae
Member since 2002 • 42748 Posts
Sad, but yeah, not murder. At the most they could be charged with constructive manslaughter, but that's a bit of a stretch too, unfortunately.
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bloodling

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#9 bloodling
Member since 2006 • 5822 Posts

[QUOTE="worlock77"]

[QUOTE="Xx_Hopeless_xX"]

How are they not responsible for his death?..

Xx_Hopeless_xX

Because they didn't kill him.

But their actions resulted in his death..

Yes, just like if someone hits you, you run away, get hit by a car and die. Is that murder? No. Is it a serious crime? I believe so. It depends on the circumstances.

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Xx_Hopeless_xX

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#10 Xx_Hopeless_xX
Member since 2009 • 16562 Posts

[QUOTE="Xx_Hopeless_xX"][QUOTE="worlock77"]

Because they didn't kill him.

bloodling

But their actions resulted in his death..

Yes, just like if someone hits you, you run away, get hit by a car and die. Is that murder? No. Is it a serious crime? I believe so. It depends on the circumstances.

I edited..they should be charged with assault though..
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iano-87

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#11 iano-87
Member since 2010 • 685 Posts

[QUOTE="worlock77"]

[QUOTE="Xx_Hopeless_xX"]

How are they not responsible for his death?..

Xx_Hopeless_xX

Because they didn't kill him.

Edit: Nevermind..

Thats impossible to tell.

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worlock77

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#12 worlock77
Member since 2009 • 22552 Posts

There's no way to prove that their actions resulted in his death. Maybe he was on the verge of a heart attack regardless of the robbery. If they didn't beat and rob him maybe he would have died later that day anyway.

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Strider_91

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#13 Strider_91
Member since 2007 • 6570 Posts

There's no way to prove that their actions resulted in his death. Maybe he was on the verge of a heart attack regardless of the robbery. If they didn't beat and rob him maybe he would have died later that day anyway.

worlock77
Yeah he was on the verge of a heart attack.. it's his stupid fault for getting beaten and robbed.. :roll:
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Oleg_Huzwog

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#14 Oleg_Huzwog
Member since 2007 • 21885 Posts

Thieves broke into his home around 4 a.m. July 5 and hit him in the face. He was treated at a hospital, returned home that afternoon and was interviewed by police, and died of the heart attack after officers left, the police chief said. He had a heart condition, authorities said.gamerguru100

That's not murder. That's not even manslaughter.

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ReaperV7

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#15 ReaperV7
Member since 2008 • 6756 Posts
well all i can say is that we need more people like bernie goetz
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Strider_91

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#16 Strider_91
Member since 2007 • 6570 Posts
They may not of killed him, but a thought to the death wouldn't hurt OT, instead of defending the burglars..
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KamuiFei

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#17 KamuiFei
Member since 2003 • 4334 Posts

Thats pretty sad, not the worst thing I heard, but still unfortunate. Only thing I think they'll get charged with is assault, breaking and entering, theft and vandalism I think. If they can link the trauma of the attack to his heart attack, then maybe constructed manslaughter, but that looks unlikely.

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MrGeezer

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#18 MrGeezer
Member since 2002 • 59765 Posts

They may not of killed him, but a thought to the death wouldn't hurt OT, instead of defending the burglars..Strider_91

Nobody's saying that the burglars were nice guys.

And besides...no one would be "defending" the burglars in the first place if the TC hadn't said that they should be charged with murder.

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worlock77

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#19 worlock77
Member since 2009 • 22552 Posts

[QUOTE="worlock77"]

There's no way to prove that their actions resulted in his death. Maybe he was on the verge of a heart attack regardless of the robbery. If they didn't beat and rob him maybe he would have died later that day anyway.

Strider_91

Yeah he was on the verge of a heart attack.. it's his stupid fault for getting beaten and robbed.. :roll:

One thing is not the other.

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Strider_91

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#20 Strider_91
Member since 2007 • 6570 Posts

[QUOTE="Strider_91"]They may not of killed him, but a thought to the death wouldn't hurt OT, instead of defending the burglars..MrGeezer

Nobody's saying that the burglars were nice guys.

And besides...no one would be "defending" the burglars in the first place if the TC hadn't said that they should be charged with murder.

At no point did i mention people saying they were nice.. Fair enough they don't agree with manslaughter or murder, but doesn't stop people mentioning the death of the man, which i feel is over looked to make a point
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Oleg_Huzwog

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#21 Oleg_Huzwog
Member since 2007 • 21885 Posts

They may not of killed him, but a thought to the death wouldn't hurt OT, instead of defending the burglars..Strider_91

Even someone guilty of a crime deserves to be defended if being accused of a second crime they didn't commit.

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Dystopian-X

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#22 Dystopian-X
Member since 2008 • 8998 Posts
Omgno. Not xaos.
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Evil_Saluki

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#23 Evil_Saluki
Member since 2008 • 5217 Posts

To be honest, if I knew the value of those comics and he came knocking on my door, I would of certainly done something similer, or worse, although I would of paid my Gypsy friend Richard to go do it for me without telling him the value of the comics of course, he's not the most trusty person I've met. Screw some random persons inheritance, get a job. It's not a mega amount of money but it'll do nicley. I'll probably spend it on some land for investment, or maybe it'll make a nice bit of float for a rainy day, nah scratch that last one,I will spend it on something, don't want to end up like him.

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Xx_Hopeless_xX

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#24 Xx_Hopeless_xX
Member since 2009 • 16562 Posts
Omgno. Not xaos.Dystopian-X
:lol:..well played..
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Strider_91

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#25 Strider_91
Member since 2007 • 6570 Posts

[QUOTE="Strider_91"]They may not of killed him, but a thought to the death wouldn't hurt OT, instead of defending the burglars..Oleg_Huzwog

Even someone guilty of a crime deserves to be defended if being accused of a second crime they didn't commit.

That is a fair and reasonable point, but i don't see the same view.. If they broke into his house, beat and robbed him.. i have no respect for them.. they can be charged with anything IMO
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xxmatt125xx

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#26 xxmatt125xx
Member since 2005 • 1899 Posts
People defending these individuals are just another reason why the justice system does not work people can get away with anything if they skirt a fine line around the laws.
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Strider_91

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#27 Strider_91
Member since 2007 • 6570 Posts
Omgno. Not xaos.Dystopian-X
:lol: I'm sure he'll be glad to read that
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GazaAli

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#28 GazaAli
Member since 2007 • 25216 Posts
How sad :( But again prostitutes help in uncovering another case!
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Oleg_Huzwog

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#29 Oleg_Huzwog
Member since 2007 • 21885 Posts

People defending these individuals are just another reason why the justice system does not work people can get away with anything if they skirt a fine line around the laws. xxmatt125xx

Saying "they didn't kill them, therefore they shouldn't be charged with murder" is not an example of skirting.

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xxmatt125xx

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#30 xxmatt125xx
Member since 2005 • 1899 Posts
It is very much likely they set in place a chain of events that resulted in his death, they played a part in his death, due to his age and with related heart problems the beat down would of put extra pressure on his heart no doubt about it. They should be held accountable for their actions.
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worlock77

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#31 worlock77
Member since 2009 • 22552 Posts

It is very much likely they set in place a chain of events that resulted in his death, they played a part in his death, due to his age and with related heart problems the beat down would of put extra pressure on his heart no doubt about it. They should be held accountable for their actions.xxmatt125xx

You can't prove that. Sorry, but in the eyes of the law "very much likely" doesn't count.

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LikeHaterade

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#32 LikeHaterade
Member since 2007 • 10645 Posts

Extreme amounts of stress can trigger a heart attack. These men ente red his home illegally and assaulted him, putting him under enough stress to have induced a heart attack. Compare it to intoxicated man slaughter. The drunk guy behind the wheel may not have meant to kill anyone, but they did, and they get prosecuted for it. The evidence is ciircumstantial, but it's enough to argue to get these guys more time IMOo.

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worlock77

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#33 worlock77
Member since 2009 • 22552 Posts

Extreme amounts of stress can trigger a heart attack. These men ente red his home illegally and assaulted him, putting him under enough stress to have induced a heart attack. Compare it to intoxicated man slaughter. The drunk guy behind the wheel may not have meant to kill anyone, but they did, and they get prosecuted for it. The evidence is ciircumstantial, but it's enough to argue to get these guys more time IMOo.

LikeHaterade

The intoxicated man may not have intended to kill anyone but he did kill someone. The robbers did not kill the man, a heart attack did. There's no way you can prove that the two are linked.

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Oleg_Huzwog

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#34 Oleg_Huzwog
Member since 2007 • 21885 Posts

Extreme amounts of stress can trigger a heart attack. These men ente red his home illegally and assaulted him, putting him under enough stress to have induced a heart attack. Compare it to intoxicated man slaughter. The drunk guy behind the wheel may not have meant to kill anyone, but they did, and they get prosecuted for it.LikeHaterade

Except in this case, there was a hospital visit (and release) in between the stressful incident and the heart attack.

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LikeHaterade

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#35 LikeHaterade
Member since 2007 • 10645 Posts

[QUOTE="LikeHaterade"]

Extreme amounts of stress can trigger a heart attack. These men ente red his home illegally and assaulted him, putting him under enough stress to have induced a heart attack. Compare it to intoxicated man slaughter. The drunk guy behind the wheel may not have meant to kill anyone, but they did, and they get prosecuted for it. The evidence is ciircumstantial, but it's enough to argue to get these guys more time IMOo.

worlock77

The intoxicated man may not have intended to kill anyone but he did kill someone. The robbers did not kill the man, a heart attack did. There's no way you can prove that the two are linked.

But what if they did? They physically induced a hear attack upon that man. I see your point about drunk driving though.
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-Big_Red-

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#36 -Big_Red-
Member since 2006 • 7230 Posts

[QUOTE="Xx_Hopeless_xX"]

How are they not responsible for his death?..

worlock77

Because they didn't kill him.

They indirectly caused his death. That's like saying just because Hitler never directly killed one of the 6 million Jews, then he is not responsible at all.
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worlock77

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#37 worlock77
Member since 2009 • 22552 Posts

[QUOTE="worlock77"]

[QUOTE="LikeHaterade"]

Extreme amounts of stress can trigger a heart attack. These men ente red his home illegally and assaulted him, putting him under enough stress to have induced a heart attack. Compare it to intoxicated man slaughter. The drunk guy behind the wheel may not have meant to kill anyone, but they did, and they get prosecuted for it. The evidence is ciircumstantial, but it's enough to argue to get these guys more time IMOo.

LikeHaterade

The intoxicated man may not have intended to kill anyone but he did kill someone. The robbers did not kill the man, a heart attack did. There's no way you can prove that the two are linked.

But what if they did? They physically induced a hear attack upon that man. I see your point about drunk driving though.

He was seen in the hospital and released before he ever had the heart attack. Had they induced the heart attack the hospital would have picked up on it. These men didn't cause his death.

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worlock77

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#38 worlock77
Member since 2009 • 22552 Posts

[QUOTE="worlock77"]

[QUOTE="Xx_Hopeless_xX"]

How are they not responsible for his death?..

-Big_Red-

Because they didn't kill him.

They indirectly caused his death. That's like saying just because Hitler never directly killed one of the 6 million Jews, then he is not responsible at all.

I was wondering how long it would be before someone Godwin'ed this thread.

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Strider_91

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#39 Strider_91
Member since 2007 • 6570 Posts
They didn't kill him, but they beat him.. and are not being charged? And for all i care they went out looking to cause harm and steal.. they can rot in jail
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worlock77

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#40 worlock77
Member since 2009 • 22552 Posts

They didn't kill him, but they beat him.. and are not being charged? And for all i care they went out looking to cause harm and steal.. they can rot in jailStrider_91

They are being charged, but not with his death.

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Strider_91

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#41 Strider_91
Member since 2007 • 6570 Posts

[QUOTE="Strider_91"]They didn't kill him, but they beat him.. and are not being charged? And for all i care they went out looking to cause harm and steal.. they can rot in jailworlock77

They are being charged, but not with his death.

"They are not charged with beating Marciniak and will not be charged with murder, "
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-Big_Red-

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#42 -Big_Red-
Member since 2006 • 7230 Posts

[QUOTE="-Big_Red-"][QUOTE="worlock77"]

Because they didn't kill him.

worlock77

They indirectly caused his death. That's like saying just because Hitler never directly killed one of the 6 million Jews, then he is not responsible at all.

I was wondering how long it would be before someone Godwin'ed this thread.

Enlighten me on this...... Godwin.....
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worlock77

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#43 worlock77
Member since 2009 • 22552 Posts

[QUOTE="worlock77"]

[QUOTE="-Big_Red-"] They indirectly caused his death. That's like saying just because Hitler never directly killed one of the 6 million Jews, then he is not responsible at all.-Big_Red-

I was wondering how long it would be before someone Godwin'ed this thread.

Enlighten me on this...... Godwin.....

Godwin's Law

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Oleg_Huzwog

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#44 Oleg_Huzwog
Member since 2007 • 21885 Posts

[QUOTE="worlock77"]

[QUOTE="Strider_91"]They didn't kill him, but they beat him.. and are not being charged? And for all i care they went out looking to cause harm and steal.. they can rot in jailStrider_91

They are being charged, but not with his death.

"They are not charged with beating Marciniak and will not be charged with murder, "

Finish the sentence you quoted. "...but more charges are pending" The only charge you can be sure won't happen is murder. There's likely some sort of assault charge coming.

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Strider_91

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#45 Strider_91
Member since 2007 • 6570 Posts

[QUOTE="Strider_91"][QUOTE="worlock77"]

They are being charged, but not with his death.

Oleg_Huzwog

"They are not charged with beating Marciniak and will not be charged with murder, "

Finish the sentence you quoted. "...but more charges are pending" The only charge you can be sure won't happen is murder. There's likely some sort of assault charge coming.

Don't make it seem i've only quoted a part for convenience of my point.. It says they are not being charged for beating him.. there will be other charges, most likely to do with breaking in.. but not with the assault
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-Big_Red-

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#46 -Big_Red-
Member since 2006 • 7230 Posts

[QUOTE="-Big_Red-"][QUOTE="worlock77"]

I was wondering how long it would be before someone Godwin'ed this thread.

worlock77

Enlighten me on this...... Godwin.....

Godwin's Law

Oh I get it now. But come on. A topic like this has a high probability of Nazis, and Hitler coming into play.
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TSNAKE617

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#47 TSNAKE617
Member since 2008 • 5494 Posts

That should be manslaughter. Also, how the hell are they not being charged for beating him?

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Strider_91

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#48 Strider_91
Member since 2007 • 6570 Posts

That should be manslaughter. Also, how the hell are they not being charged for beating him?

TSNAKE617
Was thinking the same.. this whole topic annoys me And i love comics..
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worlock77

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#49 worlock77
Member since 2009 • 22552 Posts

[QUOTE="worlock77"]

[QUOTE="-Big_Red-"] Enlighten me on this...... Godwin.....-Big_Red-

Godwin's Law

Oh I get it now. But come on. A topic like this has a high probability of Nazis, and Hitler coming into play.

Yeah, hence Godwin's Law. That doesn't make your misguided Hitler comparison anymore valid however.

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worlock77

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#50 worlock77
Member since 2009 • 22552 Posts

That should be manslaughter.TSNAKE617

Why should it be? They did not cause the man's death.