Current Events > Jan 6 rioter gets probation not prison after judge finds autism played a role

(+) Yeah! (+)

A Jan. 6 rioter who wielded a hatchet and smashed two windows with a flagpole will serve no jail time, a federal judge ruled Wednesday, finding that Aspergers syndrome made him susceptible to the influence of the mob.

Nicholas Rodean of Frederick, Md., attempted to address U.S. District Court Judge Trevor McFadden Wednesday and visibly struggled to complete thoughts and sentences while explaining and apologizing for his Jan. 6 conduct. At one point, he clutched his head in frustration.

McFadden ultimately chose to sentence Rodean to 240 days of home confinement. But he said he was convinced that Rodeans severe mental illness significantly mitigated the blameworthiness of your conduct.

Source:
https://www.politico.com/news/2022/10/26/jan-6-rioter-gets-probation-not-prison-after-judge-finds-autism-played-a-role-00063588

Of Mice and Men

No, not at all.

Home confinement isn't even a punishment. At least make him do community service assuming he's not a danger to others.

Queue the rest of them trying the autism defense.

That's actually ablest as fuck

I'm really not trying to gatekeep.. has his speech impediment and head clutching been observed outside the courtroom?

Kombucha posted...

wielded a hatchet

https://gfycat.com/windingdeliriouscollie-chrisjen-avasarala-shohreh-aghdashloo-expanse

No.

Unless he is found to be so mentally incapable that he is too impaired to be accountable for this actions or be left unsupervised by a guardian/facility this is just. This sounds like it's merely being used as a mitigating factor which for this is just insane and even if true it's insufficient and endangers the defendant and others.

As an Autist with ADHD I can assure you I would also have difficulties functioning under the stress of a courtroom trial.

However I have no difficulties not committing sedition while wielding a lethal weapon and can hold a job and do most basic aspects of life others can with no criminal record.

Ruvan22 posted...

I'm really not trying to gatekeep.. has his speech impediment and head clutching been observed outside the courtroom?

Also those are by no means enough to wave away culpability alone. Did he fail to understand basic information even outside stressful situations or having such a history before the trial? Is he unable to read/write or was he violent as a child? Has he been unable to hold down a Job? Has he suffered delusions or has his legal counsel shown evidence of diagnosis especially of severe inllectual disability?

Plenty of people have tics or anger issues or speech impediments but are capable of functioning in society regardless.

Maybe
Idk how severe this dude's autism is

Jiek_Fafn posted...

Maybe

it's a weak jail sentence. should serve a few years.
weak slap on the wrist.

Unsuprised_Pika posted...

Plenty of people have tics or anger issues

we're all angry.

Jiek_Fafn posted...

Maybe
Idk how severe this dude's autism is

This

I have aspergers myself. I could see him falling in with that group if he was influenced by other MAGA people. But the weapons charge is serious. Even an autistic person should know its wrong to threaten violence

kingdrake2 posted...

it's a weak jail sentence. should serve a few years.
weak slap on the wrist.

we're all angry.

Would someone with autism actually understand whatever lesson is theoretically intended?

Where was this special treatment when I was in school?

And here I thought redhats didn't believe in using mental illness as an excuse for poor behavior

divot1338 posted...

Would someone with autism actually understand whatever lesson is theoretically intended?

The article makes his autism seem like a relatively high functioning one.

Head clutching and stumbling your words in a high stress environment is hardly a red flag.

Autism is a spectrum. You can be a Quirky Genuis or an socially awkward but above average intelligence, an average dude with a few unusual traits or lovable/loving with below average intelligence or a raging toddler in a adult body. Or many other things.

All depends on the degree of the difference in your brain and the parenting/social influence when you were growing up. A decent chunk you would barely or never even know/suspect they are autistic without being told.

I hate scorched earth politics.

People are legitimately wanting an exploited mentally disabled person to rot in prison?

FortuneCookie posted...

I hate scorched earth politics.

People are legitimately wanting an exploited mentally disabled person to rot in prison?

If he is indeed severely disabled I don't want him in prison. I would want more specialized care ordered to better help him and protect others.

But 240 days of glorified timeout will not help him or protect the public if that is the case. It might make things worse without other measures as being stuck homel and losing his income might radicalized him even more as he might spend even more time obsessing over right wing media/right wing internet communities.

Returning_CEmen posted...

Of Mice and Men

The guy from of mice and men got a little bit more than probation.

Without knowing more about the individual and the severity of his condition, the responses in this thread are a tad disappointing.

[LFAQs-redacted-quote]

A mental hospital is better than prison

if he's indeed has autism, it's fair. but if then he's proven lying, jail him with double the time. also if he repeat the offense.

Why was someone so easily exploited there and not somewhere else receiving some kind of care? If simply seeing acts of violence and destruction are enough to persuade some to join in they should be receiving more direct care.

Ricemills posted...

if he's indeed has autism, it's fair. but if then he's proven lying, jail him with double the time. also if he repeat the offense.

I think it's severely ridiculous that you're entertaining the idea that pretending to be autistic is something that can actually happen in a court of law.

You guys no how many people in jail have mental issues. But he gets a pass. I wonder why ?

i'd be so damn relieved in his situation lmaaaaao

DeadBankerDream posted...

I think it's severely ridiculous that you're entertaining the idea that pretending to be autistic is something that can actually happen in a court of law.

I think it's even more ridiculous that you're thinking it can't be happening.

Nothing against people on the spectrum, but I hate when it's used to get a reduced sentence.

DeadBankerDream posted...

I think it's severely ridiculous that you're entertaining the idea that pretending to be autistic is something that can actually happen in a court of law.

As UnsugarizedPika said, it's more the degree of symptoms that is questionable/hard to tell from this.. and thus whether the mitigation of sentencing was appropriate.

Can his caregivers get prison instead then? Since they took/let him go to an "event" with a crowd that can control him?

Strider102 posted...

Can his caregivers get prison instead then? Since they took/let him go to an "event" with a crowd that can control him?

For real

The more I think about this the less okay I am with it.

Returning_CEmen posted...

Of Mice and Men

product of a murderer

Judge Trevor N. McFadden: Trump appointee and Federalist Society slimeball.

If he actually is autistic cut him some slack

He's just looking for a reason to treat fascists lightly.

thx1138 posted...

If he actually is autistic cut him some slack

No.

thx1138 posted...

If he actually is autistic cut him some slack

You do know that Autism symptoms and behaviors are on a scale, right?