Incarceration, for the hell of it
Six months for dumpster diving? Two men who took overripe vegetables out of a trash dumpster have been sentenced to six months in jail on trespassing charges in Steamboat Springs, Colorado.
Associated Press, STEAMBOAT SPRINGS, Colo. - Two men who took fruit and vegetables out of a garbage can have been sentenced to six months in jail.
Giles Charle, 24, of Sumersworth, N.H., and David Siller, 27, of Wayne, Pa., said the punishment was harsh and the only choice they had to avoid a felony on their records.
They were on their way to the Rainbow Family’s annual gathering when they were arrested in June and charged with felony burglary and misdemeanor theft. Authorities said they took five cucumbers, four or five apricots, two bundles of asparagus spears and a handful of cherries from a garbage can at Sweet Pea Produce.
The two pleaded guilty to misdemeanor trespassing Wednesday and the felony charge was dropped.
This is an abomination. The term “perversion of justice” insufficiently conveys an adequate amount of righteous indignation. No theft occurred and no trespassing occurred.
No theft? Yes. It was abandoned property they took, of a pathetically petty value — food in a damned garbage dumpster that had been thrown away. For “…five cucumbers, four or five apricots, two bundles of asparagus spears and a handful of cherries…” two hungry men will go to jail. This is not justice.
No trespassing? Yes, that’s correct. They were, essentially, retroactively given permission to be there after the fact. You see, the owner of the store didn’t want them prosecuted!
Jonathon Hieb, co-owner of the Sweet Pea Produce, said Saturday he told the prosecutor he didn’t want anything to do with the case against Giles Charle, 24, and David Siller, 27, arrested June 26 taking overripe fruit and vegetables from a locked garbage area at his store.
No true crime has occurred in this case — but two men will go to jail for six months while murderers and rapists roam the streets. By contrast, in a market anarchist society, true justice would be accomplished by compeling restitution from an aggressor to their victim. If these men technically committed the “crime” of trespassing, they would be responsible for the damages — virtually nil, apart from “cost of apprehension” (i.e. having a security guard run them off, at worst, and more likely unlock the gate so they wouldn’t have to climb the fence). The cost to the owners reputation for being mean to the hungry men would likely be far more consequential. Customers don’t like shopping with dickheads.
So what’s going on? The two men don’t want to be in jail. The produce company doesn’t want them in jail. Nobody has been harmed apart from these two travelers, who would be promptly on their way in any just society — but who have been most rudely detained by sheer force. The civilized term for that is “kidnapping”. The State, though, the State…
Prosecutors wanted to put them in jail on felony burglary charges! Why? Because the prosecutors can.
The two men took a plea bargain, pleading guilty to so-called “trespassing”, to avoid the felony charges. They were then sentenced to six months in jail. Why? Because the courts can.
What we see here is one of the more obvious examples of what the State, any state, is — a protection racket that victimizes people itself. Rather than protection being supplied as a service, it is used as a mere nominal excuse…
An excuse to pursue fanatical devotion to a cult of authority…
An excuse to prey upon any the State can prey upon.
UPDATE: A correspondent writes:
These two were part of the Rainbow Gathering. Members of the Rainbow Family hang out at: alt.gathering.rainbow
That appears to be a very high-volume email list. Someone there has posted this:
Local residents and people with positive attitudes are invited to call the District Attorney’s office. People with bad attidutes are discouraged from calling this office:
District Attorney Bonnie Smith Roesink
136 6th Street, Box 770129
Steamboat Springs, CO 80477-0129
Phone: 970.879.1146 Fax: 970.879.6276Protest to:
ROUTT COUNTY COMMISSIONERS:
Daniel R. Ellison
Doug B. Monger, Chairman
Nancy J. Stahoviak
136 6th Street, Box 773598
Steamboat Springs, CO 80477-3598
Phone: 970.879.0108 Fax: 970.879.3992Riley Polumbus, Communications Director
Steamboat Springs Chamber Resort Association
1255 S. Lincoln Ave, PO Box 774408
Steamboat Springs, CO 80477
(P)970.879.0880 (F)970.879.2543I hope we can also put pressure on the Denver Post and Rocky Mountain News to cover this story. Any other suggestions would be helpful.
UPDATE 2: My assumption that going “over the fence” meant climbing a fence is apparently inaccurate. It seems that in actuality the poor bastards just stepped over a rope.
Again, this is a victimless “crime” and hence not truly a crime at all in any ethical sense. Two innocent and peaceful men have been kidnapped by thugs wearing badges in collaboration with a pencil-pusher in a black robe and others.
UPDATE 3: The dumpster diving duo have been released!
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Unbelievable. Some idiot prosecutor must be really feeling his power. Must be easier than going after killers and rapists.
Not quite so unbelievable, folks. The Rainbow Family has been singled out for persecution by the “authorities” all over the country. This is strictly par for the course in Colorado. Back in July I wrote a piece on the RF and their problems in Colorado and this is just a continuation of their persecution at the hands of the state. I have to wonder if this has been the same method they use against “homeless” people in that city, too. My guess is that the answer is no.
The cops and prosecutors in Colorado already went so far as to set up special courts for the Rainbow Family last time, this event is simply a carryover to intimidate these folks. I hope they manage an appeal and have a good lawyer.
Readers can take action to get the dumpster-divers released from the Steamboat Springs jail. Please sign the Hunger Is Not A Crime Petition:
http://www.petitiononline.com/colofree/petition.html
The Free Siller and Charle web page is here:
http://www.rebelgraphics.org/coloradofreedom.html