[Skabewis]

Anchorage, Alaska (AP)

Two Anchorage residents have admitted threatening and intimidating an Alaska Native in which eggs and other objects were thrown at him.

Nineteen-year-old Robert Bruce Gum pleaded guilty June 8 in federal court in Anchorage.

Co-defendant Deanna Angelina Scaglione, who made a video recording of the attack she posted on YouTube, has also pleaded guilty to the civil rights crime.

Read More

[AmigoKumeyaay]

Alaska Pride: Robert Gum and Deanna Scaglione Plead Guilty To Federal Charges Of Violating An Alaska Native's Civil Rights In Anchorage

Tuesday, June 08, 2010

Robert Gum and Deanna Scaglione Plead Guilty To Federal Charges Of Violating An Alaska Native's Civil Rights In Anchorage

On June 8th, 2010, the Anchorage Daily News reports that 19-year-old Robert Gum and 21-year-old Deanna Scaglione (previously known as Deanna Powers) pleaded guilty in U.S. District Court in Anchorage to violating an

Alaska Native's civil rights

by threatening and harassing him while he walked in downtown Anchorage. The specific charge is "Interference in a Federally-protected activity", considered a violation of Title 18, United States Code, Sections 245(b)(2)(B) and 2.

A copy of the indictment is still available HERE. Previous posts on this case available from December 19th, 2009 and August 14th, 2009.

Note: Since this post, Alaska Dispatch has published a detailed account of the courtroom proceedings. It's worth reading.

Prosecutors say Gum and Scaglione found their target, identified as Eddie Barr, during the early morning hours of July 28th, 2009, as he was walking to Bean's Café. They pelted him with eggs, threw a water bottle at him, and shouted racial slurs. At first they pursued him in their car, turning around to toss objects at him again when they missed.

Then they got out near C Street and Seventh Avenue and ran after him on foot. The victim tried to flee but the pair chased him. Scaglione was filming the encounter; she eventually uploaded it to YouTube, which proved to be their undoing (although the case wasn't solved until someone called CrimeStoppers and reported the attack). The pair did not break off the attack until they saw a security guard. Barr was not seriously injured and required no hospitalization; he later publicly forgave his attackers.

While Robert Gum is out on bail with a third-party custodian, Deanna Scaglione remains detained. They are scheduled to be sentenced on September 2nd. They each would face a maximum of 10 years in prison and a $250,000 fine, although it is likely that they'll receive much lighter sentences since they saved us the cost of a trial.

There are mitigating circumstances with both individuals; Gum had a rough childhood and actually never learned to read and write, while Scaglione has just been divorced and has a child. My guess is that each will receive no more than two years in prison, with heavy probation thereafter since they haven't the resources to pay a fine.

The pair still face outstanding Alaska state charges of fourth-degree misdemeanor assault and second-degree misdemeanor harassment, carrying a maximum sentence of a year in prison and a fine of $10,000. Alaska prosecutors are awaiting the Federal sentencing outcome before making a decision whether or not to proceed. It would seem redundant for the state to expend its time and resources pressing its own charges now that the Feds have done it for us using their time and resources.

-- Robert Gum's Alaska Court System entry available HERE.
-- Deanna Scaglione's Alaska Court System entry listed under Deanna Powers and available HERE.

[AmigoKumeyaay]

Photos of criminals, and their victim

2 indicted on federal hate-crime charges for beating Native man - KTUU.com | Alaska's news and information source |

[RDNKJ]

Mr. Barr is a bigger man than I am; I wouldn't have forgiven my attackers.

A couple comments/questions.

What does "interference in a federally protected activity" actually mean?

I don't find the "mitigating" factors to be "mitigating" at all! So Gumm is illiterate and had a rough childhood. So what?! The world is full of illiterate and functionally illiterate people - most of whom don't go around physically attacking others unprovoked.

And so what that Scaglione is recently divorced and has a child?! Imo, if she handles "stress" so poorly then maybe Child Protective Services should look into whether or not she should have custody of the child.

[AmigoKumeyaay]

http://media.adn.com/smedia/2009/12/...ffiliate.7.pdf

The "18....2" in the charge indicates "aiding & abetting", in other words Gum & Powers helped each other to commit the crime.

Then you have Section 245 of Title 18 of the United States Code, dealing with Civil Rights.

Mr. Barr has the protected right to peacefully exist as an American Indian in public, as all ethnicities in the United States would expect.

It is a right in the State of Alaska, reinforced by the U.S. Constitution, and the Civil Rights Act of 1964.

Federal Bureau of Investigation - Civil Rights Statutes


Civil Rights Statutes

Civil Rights Home

Federal Civil Rights Statutes

Title 18, U.S.C., Section 249 - Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act

Title 18, U.S.C., Section 241 - Conspiracy Against Rights

Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law

Title 18, U.S.C., Section 245 - Federally Protected Activities

Title 18, U.S.C., Section 247 - Church Arson Prevention Act of 1996

Title 18, U.S.C., Section 248 - Freedom of Access to Clinic Entrances (FACE) Act


The attackers recorded their own threats of violence against Mr. Barr during their filming, which guaranteed their prosecution.


Disclaimer: Although I have 25 years on & off experience in federal courts (not as a defendant haha!) I do not have a law degree, and could be slightly off a bit here.

[AmigoKumeyaay]

Originally Posted by RDNKJ

Mr. Barr is a bigger man than I am; I wouldn't have forgiven my attackers.

A couple comments/questions.

What does "interference in a federally protected activity" actually mean?

I don't find the "mitigating" factors to be "mitigating" at all! So Gumm is illiterate and had a rough childhood. So what?! The world is full of illiterate and functionally illiterate people - most of whom don't go around physically attacking others unprovoked.

And so what that Scaglione is recently divorced and has a child?! Imo, if she handles "stress" so poorly then maybe Child Protective Services should look into whether or not she should have custody of the child.

The federal sentencing guidelines force you to look at all factors. Gum and Powers could get some serious time for federal Civil Rights violations. They are looking for any "mitigating" factors pro or con.

A simple assault charge under State of Alaska courts....I dunno, prolly a few months jail with couple years of probation, anger management courses, and community service?

[RDNKJ]

Originally Posted by AmigoKumeyaay

The federal sentencing guidelines force you to look at all factors. Gum and Powers could get some serious time for federal Civil Rights violations. They are looking for any "mitigating" factors pro or con.

A simple assault charge under State of Alaska courts....I dunno, prolly a few months jail with couple years of probation, anger management courses, and community service?

Thanks AmigoKumeyaay. That's kind of what I thought about "interference in a federally protected activity."

And yeah, all mitigating factors should be looked at. It's just that if I were looking at them, I wouldn't find those particular circumstances to be all that relevant in this case.

[AmigoKumeyaay]

Originally Posted by Skabewis

Anchorage, Alaska (AP)

Two Anchorage residents have admitted threatening and intimidating an Alaska Native in which eggs and other objects were thrown at him.

Nineteen-year-old Robert Bruce Gum pleaded guilty June 8 in federal court in Anchorage.

Co-defendant Deanna Angelina Scaglione, who made a video recording of the attack she posted on YouTube, has also pleaded guilty to the civil rights crime.

Read More

Alaska case very much like Rapid City hockey game case....