Wednesday, December 29, 2010

Charles Clements Gets Probation After Shooting Man Whose Dog Urinated on Lawn

Earlier this year, 69-year-old Charles J. Clements of University Park, Illinois, shot and killed 23-year-old Joshua Funches after the 23-year-old man allowed his Fox Terrier puppy to urinate on Clements’ lawn.

When the story was reported in March of 2010, the media conveniently left out the part where Funches punched Clements in the face; prompting the senior citizen to pull out a .45-caliber handgun.

In October 2010, Clements was convicted of second-degree murder. Today we have learned that Will County Judge Daniel Rozak, has sentence the 69-year-old former Marine to four years probation.

Joshua Funches’ family is extremely upset with Judge Rozak’s ruling. However, the Will County state's attorney's office has decided not to appeal the judge’s decision.

My two cents: I feel sorry for Funches and his family; especially his wife and children. But… when you to let your dog piss on someone else’s property, and then punch them in the face, don’t expect the injured party to throw you a parade.

Too many people have the attitude they can do whatever they want and get away with it. Apparently, that isn’t true.


17 comments:

  1. You're right. That was left out. It makes a difference.

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  2. How is bringing a gun to a fistfight "difference-making"? According to the story I read on the Tribune's website, after they exchanged (probably nasty) words, Clements then pulled out a gun and tucked it away, then Funches hit him, then Clements shot and killed him. An unarmed man walking his dog. Clements is an angry man who should have served at least some time. What kind of message does it send that he only got probation? Solve your differences by shooting your neighbor? Over a dog peeing on your lawn? Come on!

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  3. Sarah Z. did you read your comments BEFORE you posted them?

    "Clements then pulled out a gun and tucked it away, THEN Funches hit him, THEN Clements shot and killed him."

    If Clements shot Funches AFTER Funches punched him, that means Funches was NOT killed just because his dog urinated on Clements' lawn.

    What kind of message does it send if people are allowed to punch you in the face and get away with it?

    Clements is 69-years-old, anyone with any respect for their elders would NOT have gotten into a confrontation with an old man. Especially, someone who allowed their dog to pee on said old person's lawn.

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  4. Yes, Timothy, I did read my comments before I posted them, and I don't appreciate your sarcasm. My post was not directed at either you nor 'Anonymous,' (if wanted to call you out by by name, I would have) but rather at the idea that somehow this man deserved to be shot and killed for getting into a fistfight.

    As to the issue at hand, perhaps you're right, that Funches was shot for more than just letting his dog pee on this man's lawn. But I ask again, how is shooting and killing an unarmed man justified in this case? I'm not suggesting that Funches should not have been punished for his actions -- they were flat out wrong -- but his wrong actions cost him his life, while Clements' actions allowed him to go home to his perfectly manicured lawn. I just don't see any justice in that. The whole situation is sickening.

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    1. Your thinking processes (not to mention your ”writing skills(?)” are ludicrous. Respect for others, senior citizens, members of the opposite sex, and generally accepted rules of civility are ”not” the norm in the ”hood.” And you know that, I'm sure. However, when you have to survive in a ”throwback environment” where morons view the brandishment of a firearm as a ”challenge” rather than a warning (to cease and desist messing with someone) is a herculean task, to say the least.

      Funches arrogance and sheer stupidity led to his own permanent ”erasure” from this plane of existence. No one, accept his family, his dog (?), and the simple-minded like yourself, really gives a hoot. It was 3 ”strikes” (punching Mr. Clements in the face was ”strike” 3) and he's OUT!

      If Mr. Clements just wanted to murder Funches, he would have done so when he first displayed the weapon. He didn't, and while any ”sane” individual would have ”headed for the hills” at that point, Funches took it upon himself to ”punish” Clements for the display by attempting to ”cold-cock” him.

      Punching a person who is holding a firearm is both stupid and suicidal. You never know what the reaction is going to be. BANG is one possibility. BANG, BANG is another.;-) Funches knew that.

      If Clements had ”emptied the clip” on Funches, that would have been malacious and uncalled for (perhaps), and he would have been looking at time behind bars.

      Did Funches ”deserve” to die? I dont know, but he sure as hell set the table for that to happen, didn't he?

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  5. Sarah Z., Funches was 23 and Clements is 69. If given the chance, Funches could have seriously injured Clements, or even killed him. It was hardly a FAIR fistfight.

    If your 69-year-old father or grandfather got into a physical confrontation with a 23-year-old stranger who cursed him and then punched him in the face, wouldn't you want your loved one to protect themselves by any means necessary? I certainly would.

    And let's not forget the fact that Clements, at age 69, had NEVER been in trouble with the law.

    Funches should have apologized and kept walking. He should have offered to buy Clements a drink, or made some sort of gesture of good will. Instead, Funches picked a fight with an old man who turned out to be more than he bargained for.

    In my opinion, Funches' actions on that day are a perfect example of what's WRONG with a lot of young people... they have no respect for anyone or anything... yet, they always have a good excuse for their bad behavior.

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  6. Great points Tim. And Sarah Z., I'm not bothered by your comments to anonymous. If you read closely, the senior citizen was convicted of second-degree murder. You have an issue with the sentence, which is within your rights. My comment about Funches punching Clements making a difference because it shows the elderly man was provoked and threatened. Previous reports gave the impression the man just snapped.
    It's sad Funches lost his life over a dog and a hot-headed reaction. But there are some key things you seem to be missing. Funches was on Clements' property --- something he probably worked hard for during the years after serving this country for your rights. Funches' dog basically "vandalizes" Clements' property then threaten -- verbally and physically a senior citizens --- on his property.
    Let's get real. No one has the right to deface a person's property and then intimidate and physically assault them after being confronted about their poor behavior.
    What if Funches' punch had been strong enough to seriously hurt or permanently impair Clements?
    If Clements had a young male relative outside with him, would Funches have been so brazen? And if he had been, what do you think that younger relative would have done? No one is going to let someone harm a loved one.
    I can only guess you have not had elderly relatives robbed or assaulted. It's not good feeling once you learn about it. And frankly, I don't want to hear any more excuses about young people who lack simple social and/or conflict-resolutions skills.
    Funches could have diffused the situation, and he didn't. His actions, unfortunately, triggered a tragic end.
    I think there are several lessons to be drawn from this incident. Hopefully, parents will teach their children the right ones.

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  7. I think everyone in University Park...for that matter will County, and simply dump a cup of Urine on that same lawn. Did the perp have a Conceal and Carry Permit or was he just waving the weapon around? as I see it there were at least three laws broken depending on the C&CPermit status. They would be 1.) violation of the C&C law, 2.) violation of the self-defense statutes about using deadly force against a fist, 3.)discharge of a firearm within city limits, 4.) Murder!

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  8. It's getting hard to respond to Anonymous around here, since I think we have a multitude of anonymous posters!

    Anonymous at 1:06 am makes a few good points -- if there were more people around, I doubt that Funches would have been so bold. And I agree that Funches was in the wrong when he threw a punch. No dispute there. But one comment I find ironic -- you mention what would have happened if Funches had hit Clements so hard as to physically impair him. I'll tell you what happens then. Funches is alive (probably with an assault charge), Clements is alive, and three little girls still have a father. Plus, this is a 69 year old ex-marine we're talking about. I bet he's no slouch himself!

    My problem from the get go is that I just can't wrap my head around how the fact that a punch was thrown somehow justifies shooting someone to death. Never mind the fact that this whole thing started because a dog peed on someone's lawn, which is a different issue altogether. I appreciate that this man works hard on his lawn, but to shoot someone over it points to someone whose priorities are a bit out of whack. He had a gun on him before Funches resorted to violence, which means he was packing to protect his lawn -- a concept that is just so bizarre and psycho to me.

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  9. this country is just sick.

    period

    angry and sick

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  10. Anonymous said... this country is just sick. period angry and sick.

    Name a country that doesn't have any violence.

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  11. old guy was defending himself...plain and simple

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  12. Clements got only probation because the shooting was "black on black". If Funches had been caucasian, Clements would've gotten murder one and 25 to life..........guaranteed.

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  13. Wow this story is stupid! Bottom line- you kill someone with a gun no matter what the situation is, you should go to jail. Granted you should protect yourself but not to this extreme! The only reason he got probation is because he's an ex-marine, not because it was a black on black crime. Also he didn't shoot him on his lawn he followed him off his property and shot him, read the story again people if you want to make accurate comments on this story. The man should be in jail right now but Chicago justice is corrupt and just plain stupid!

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  14. Pedro, what happened to saying you are sorry when you are wrong and keeping your hands to yourself? If Funches had lived by those rules, he'd still be alive.

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  15. Thats funched up!

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