Thursday, September 8, 2011

Thuggery & Felonies, let me count the ways...

From Yahoo News, we hear the tale of an egregiously felonious organization prime for an application of RICO (the Racketeer Influenced and Corrupt Organizations Act)

LONGVIEW, Wash. (AP) — Hundreds of Longshoremen stormed the Port of Longview early Thursday, overpowered and held security guards, damaged railroad cars, and dumped grain that is the center of a labor dispute, said Longview Police Chief Jim Duscha.

Let's count the crimes, shall we? At first glance, I'm guessing about four separate crimes, but we may have more here. Let's look closely.

Six guards were held hostage for a couple of hours after 500 or more Longshoremen broke down gates about 4:30 a.m. and smashed windows in the guard shack, he said.

Ok, holding someone hostage is a criminal act - specifically Unlawful Restraint (RCW 9A.40.040) at a minimum and (a Class C felony under Washington law, good for up to 5 years), and depending on technique (Was deadly force used or threatened?) possibly either Kidnapping 1 (RCW 9A.40.20 - up to life imprisonment) or Kidnapping 2 (RCW 9A.40.30 - a Class B Felony under Washington law, good for up to 10 years).

Now, when the nice Longshoremen broke down the gates, they were almost certainly intent upon what a reasonable person would consider "criminal activity" as shown by their subsequent hostage-taking. This would, in turn, lead to a legitimate charge of Burglary in the First Degree (RCW 9A.52.020) for all of the co-conspirators, another Class A felony.

When they smashed the windows in the guard shack and broke down the gates, most likely doing more than $750.00 in damage, they managed to commit Malicious Mischief in the 2nd Degree (RCW 9A.48.080) - another Class C Felony, good for another 5 years.

No one was hurt, and nobody has been arrested. Most of the protesters returned to their union hall after cutting brake lines and spilling grain from car at the EGT terminal, Duscha said.

By cutting brake lines, the union thugs further pursued their felonious adventures in violation of RCW 81.60.070, Malicious Injury to RailRoad Property and and engaging in RCW 9.05.060 (Criminal Sabotage) - by tampering "in such manner as might, if not discovered, endanger the safety of any engine, motor, car or train, or any person therupon" with railroad equipment. And managed to make themselves eligible for another 10 years in prison.

And then there's the matter of that grain...which, not surprisingly, didn't belong to the union goons. Now, the laws of Washington take a dim view of depriving others of the use of their property without the blessing of the courts. We call that theft (RCW 9A.56.20-50) , around here - and when you add the icing of using coercive force or the threat thereof, we consider it upping the ante to robbery (RCW 9A.56.200-210).

The International Longshore and Warehouse Union believes it has the right to work at the facility, but the company has hired a contractor that's staffing a workforce of other union laborers.

And, based on the evidence today, also believes in a most unusual right to commit felonies with reckless abandon without suffering censure or penalty.

Thursday's violence was first reported by Kelso radio station KLOG.

Police from several agencies in southwest Washington, the Washington State Patrol and Burlington Northern Santa Fe responded to the violence to secure the scene that followed a demonstration Wednesday.

"We're not surprised," Duscha said. "A lot of the protesters were telling us this in only the start."

One sergeant was threatened with baseball bats and retreated, Duscha said. "One officer with hundreds of Longshoremen? He used the better part of discretion."
Not content with their other criminal activities, threatening a police officer with assault with a deadly weapon (and yes, a baseball bat is certainly such) is considered at absolute best a bit of a faux pas - and likely a criminal one, though I'm not able to find a citation at this late hour.

The train was the first grain shipment to arrive at Longview. It arrived Wednesday night after police arrested 19 demonstrators who tried to block the tracks. They were led by ILWU International President Robert McEllrath, who said they would return.

The blockade appeared to defy a federal restraining order issued last week against the union after it was accused of assaults and death threats.

EGT chief executive Larry Clarke said it was unfortunate that law enforcement needed to make arrests.

Arrests should be made. Soon. A picket line is all well and good. Nasty letters and mean looks are just dandy. But when an organization crosses the line into felony assault, kidnapping, death threats, and random property destruction in a campaign of blatant intimidation... the fun is pretty much over and it's time to bring the hammer down.

Given the apparent prior assaults and death threats, it looks like ILWU is naught but a thuggish criminal organization worthy of the full weight of abhorrent law far to often abused, but designed (however badly) as the best way to deal with such criminal organizations.

When will the arrests begin?


Newbius said...

You forgot the icing on all of those: Conspiracy, and since this was an 'organization' engaging in criminal acts, the RICO statutes can also apply. Good luck with getting these crimes prosecuted, iWon is a sympathizer and an enabler of this thuggery. Holder is a fellow traveler. They really do want a shooting war, and are getting frustrated that the citizens aren't taking the bait. This will escalate, no doubt about it.

Old NFO said...

And the 'interesting' part is NO MSM coverage at all... What if that had been the Tea Party???

Anonymous said...

I know this is a late comment but I just found your blog and I am catching up. Don't forget that the railroads enjoy a jurisdiction that is superior to the state and, being in interstate commerce, automatically becomes federal.