Ex-Marine Gets Probation for Killing Man Over Peeing Pooch

[spookyturtle 9,466]

An Illinois judge has sentenced a retired U.S. Marine to four years of probation for killing a man whose dog urinated on his award-winning lawn.

Will County Judge Daniel Rozak made the ruling in the case this afternoon. As a result, Charles J. Clements, 69, will not serve any jail time for the May shooting of 23-year-old Joshua Funches, Chicago's NBC 5-TV reported.

Funches was walking his fox terrier in the Chicago suburb of University Park on May 9 when the dog urinated on Clements' front lawn, Will County prosecutors said. An argument between the two men ensued, during which Clements pulled out a .45-caliber handgun and pointed it at Funches, police say.

Charles J. Clements, seen in a photo from the University Park Police Department, was sentenced Wednesday for gunning down a neighbor whose dog urinated on his lawn.

Witnesses later told police Funches became agitated and said, "Next time you pull out a pistol, why don't you use it?" Clements responded by firing a single shot that struck Funches in the abdomen, Assistant State's Attorney Sondra Denmark said.

According to the Chicago Tribune, Clements had won a lawn-beautification award handed out to residents. Neighbors told the newspaper he was known to yell at anyone who stepped on his lawn.

Funches, a father of two, was pronounced dead at St. James Hospital in nearby Olympia Fields.

Clements' attorney, Daniel Collins, claimed the shooting was in self-defense and occurred after Funches repeatedly struck Clements in the face.

"He feared for his safety," Collins told the Tribune in June. "He also felt that his life was in danger."

In October, Clements was convicted of second-degree murder in the shooting. He faced a possible sentence of four to 20 years, with an option for probation.

During today's sentencing hearing, Rozak said Clements had no prior run-ins with the law and said the case was not about his lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man," the Tribune reported.

Following the sentencing, the Will County State Attorney's Office said in a statement that it respected the judge's decision.

"Given the serious nature of the crime and the evidence presented at trial, the State's Attorney's Office asked the judge for a prison sentence for Charles Clements," the statement reads. "After presiding over the trial and hearing all the facts and circumstances, the judge determined that probation was an appropriate sentence. He is an excellent judge and we respect his decision."

Funches' relatives were upset by the ruling.

"This is not justice," his aunt, Gail Williams, told the Chicago Breaking News Center.

[mawilson 2,133]

An Illinois judge has sentenced a retired U.S. Marine to four years of probation for killing a man whose dog urinated on his award-winning lawn.

And here I was thinking that only Australia had award-winning lawns

[Trumplestiltskin 5,791]

Wow, what a psycho.

[Fandango 1,440]

Terrible loss of life for no reason at all. Even IF what he said was true, and he was 'in fear of his life', he could have run inside the house and called the cops, rather than presumably running in to get a gun.

If he didn't run inside to get the gun, and actually had it on him before the incident started, then the whole 'fear of his life' thing is bullsh!t.

[Ban Hammer 13,475]

Terrible loss of life for no reason at all. Even IF what he said was true, and he was 'in fear of his life', he could have run inside the house and called the cops, rather than presumably running in to get a gun.

If he didn't run inside to get the gun, and actually had it on him before the incident started, then the whole 'fear of his life' thing is bullsh!t.

[Danno 1,228]

Funches became agitated and said, "Next time you pull out a pistol, why don't you use it?"

(and so he did)

[Fandango 1,440]

???

You need to gun to go yell at someone for his dog peein on your yard?

[Bad_Daddy 2,209]

And here I was thinking that only Australia had award-winning lawns

Looks like murder is legal in Illinois. That man should be doing life in prison.

[Danno 1,228]

???

You need to gun to go yell at someone for his dog peein on your yard?

A lot of people carry a gun on them as routinely as others carry a wallet.

A handgun anywhere but "with you" is almost worthless in most situations, you rarely have time to dig through your closet to find it.

Seems to me the story is written in such a way that it focuses on the dog peeing on the law.... rather than the confrontation, as what led up to the shooting.

[lostinblue 1,989]

Looks like murder is legal in Illinois. That man should be doing life in prison.

"pushed and punched in the face by a 23-year-old man"。A 23 year old beating on a 70 year old man. Some dumb punk terrorizing the elderly.

[Fandango 1,440]

A lot of people carry a gun on them as routinely as others carry a wallet.

A handgun anywhere but "with you" is almost worthless in most situations, you rarely have time to dig through your closet to find it.

Seems to me the story is written in such a way that it focuses on the dog peeing on the law.... rather than the confrontation, as what led up to the shooting.

I agree with the last line, and as much as I am for the right to arms, I'm not so sure the fact that he had the gun didn't facilitate this whole tragedy.

I'm not sure, I wasn't there...but a father of 2 being killed is such a horrible loss of life. Could he not have shot him in the leg, ran inside, called the cops?

[Danno 1,228]

I agree with the last line, and as much as I am for the right to arms, I'm not so sure the fact that he had the gun didn't facilitate this whole tragedy.

I'm not sure, I wasn't there...but a father of 2 being killed is such a horrible loss of life. Could he not have shot him in the leg, ran inside, called the cops?

Thats twice now you suggest the homeowner had an obligation to run to resolve the situation. I don't want to that as a requirement in law. -either you run away or what ever happens is your fault-.

No one should have to run in their house or hide in their house.

The problem is, too many details are left out of the story such as did the man come up on his property what exactly happened during the physical assault, were threats made?

Its normal for someone to tell a neighbor to get their dog off their lawn, it's not normal for someone to respond by assaulting the homeowner on his property (if thats how it happened).

IF that guy came up ion his yard and smacked the home owner a few times and was still aggressive even after the gun was brought out of the holster, one might see how they both had a hand in this senseless death.

But again, I don't believe I ever have a legal obligation to run (although it might be the wise thing to do).

[Ban Hammer 13,475]

I agree with the last line, and as much as I am for the right to arms, I'm not so sure the fact that he had the gun didn't facilitate this whole tragedy.

I'm not sure, I wasn't there...but a father of 2 being killed is such a horrible loss of life. Could he not have shot him in the leg, ran inside, called the cops?

lisa, that's hollywood stuff.

[Fandango 1,440]

Thats twice now you suggest the homeowner had an obligation to run to resolve the situation. I don't want to that as a requirement in law. -either you run away or what ever happens is your fault-.

No one should have to run in their house or hide in their house.

The problem is, too many details are left out of the story such as did the man come up on his property what exactly happened during the physical assault, were threats made?

Its normal for someone to tell a neighbor to get their dog off their lawn, it's not normal for someone to respond by assaulting the homeowner on his property (if thats how it happened).

IF that guy came up ion his yard and smacked the home owner a few times and was still aggressive even after the gun was brought out of the holster, one might see how they both had a hand in this senseless death.

But again, I don't believe I ever have a legal obligation to run (although it might be the wise thing to do).

Just because it's 'legally ok' to shoot someone, I do think people who have guns have an obligation to protect all life if possible.

If a guy was holding a knife to your throat, and death is imminent, then yeah, shoot to kill. But an argument on a lawn in broad daylight? Shoot him in the leg, incapacitate him, and then get to safety.

lisa, that's hollywood stuff.

why's that?

[Danno 1,228]

Just because it's 'legally ok' to shoot someone, I do think people who have guns have an obligation to protect all life if possible.

If a guy was holding a knife to your throat, and death is imminent, then yeah, shoot to kill. But an argument on a lawn in broad daylight? Shoot him in the leg, incapacitate him, and then get to safety.

why's that?

Actually, I have asked the same question, such as when the police shoot someone who is a moderate threat, such as a man with a knife who won't drop it and he starts to walk toward police... that type of thing.

But Police training I think, prohibits the use of deadly force (firing a weapon) except to cause deadly force.