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Federal air marshal gets probation for punching Occupy Boston organizer, stealing her phone

An off-duty air marshal who hit an Occupy Boston organizer and grabbed her camera an hour before police shut down its Dewey Square encampment last December, was sentenced to 18 months' probation and ordered to undergo drug and alcohol treatment and take anger-management classes, the Suffolk County District Attorney's office reports.

Adam Marshall arrived at the Dewey Square encampment in civilian clothes early on Dec. 10 and began calling female occupiers prostitutes. When Occupier Robin Jacks started videoing him, he smacked her in the face and grabbed her iPhone, then tried to flee. He was cornered by other Occupiers and police, who arrested him.

The DA's office says that if Marshall completes his probation - which also includes 25 hours of community service - without problems, he will not face trial, but that his arrest and probation will remain on his record.

Jacks says she's not particularly happy about the probation because some Occupy Boston participants still face charges stemming from various arrests during Occupy Boston. In a series of recent tweets, she describes the days leading up to his sentencing and her feelings:

The case has been long and stretched out. I'd gotten a lot of calls from the DA. They were intent on going pretty hard on him, it seemed. There were some evidentiary hearings, where I presume the DA and defense exchanged evidence. I'd always be alerted to those. Although it was a bit scary, I was prepared to testify, as were others, apparently. The video I took spoke volumes, though. Toward the end, the DA asked me what I wanted to see from this. My response was always that I don't think it's my place, really. My granddad was a public and private defense attorney, so I was raised in a mindset that victims shouldn't have more than their own voice. So I shared that with this DA in a very honest way, that I don't think it's my place. Her response was that she agreed with me, and that despite that, as the victim of an assault, she wanted me to feel a sense of justice. I felt like that was cool.

So then one day a few weeks ago I got a call from her. It was about 20 minutes before I was due for work. She dropped a bomb on me. The DA told me that the guy who hit me was apparently a "war hero" with PTSD. She didn't seem to want to go so hard on him anymore.

I had mixed feelings about this. On the one hand, I felt for this guy, even though he's a stranger who assaulted me because I dared to film his verbal abuse. On the other hand, he fucking hit and robbed me. And he's an AIR MARSHAL and she wants to go easy on him now? Like I'm sorry he has PTSD, but now I do too, because *he gave it to me.*

The sentencing hearing was about 36 hours from that phone call, and all of a sudden this huge responsibility had been dropped into my lap. Anyways, I told her that I couldn't make a judgment about that in the moment. I was on the way to work, and that I had a lot of "feelings." She told me that they wanted to give him probation with a drug and alcohol screening and mandatory psych evaluations. It was such an overwhelming thing to hear all in one fell swoop like that.

I stopped in the Arboretum with my coffee and sank into a bench. It was weird - this very traumatic thing that happened, I had been pushing it away out of being busy and shit, and it just hit me hard. I had to tell her something fast, because I had about ten minutes left before work, so I paused and collected myself. I reminded her that she and/or her department is actively prosecuting many of my friends for peacefully protesting. They didn't hurt anyone. One suggestion of hers was that he have a stay away order from me; I added that he should have a stay away order from #occupyboston.

I told her that I always want every person to have a shot at getting better, at making themselves better, healthier people. But I told her that I couldn't make a call like that on such short notice. It was too hard. She said that I could call her the next day after thinking it over. My sister & her family were coming then. I knew I'd be too busy to call. But I told her that if I felt like probation wasn't okay, I would call her the next day. I reminded her again that the DA is prosecuting my friends for peaceful protest and recommending probation for a man who hit and robbed me.

According to an attorney with whom I spoke, the probation he got was quite long, compared to people with similar offenses. I have to meet with DHS investigators again regarding the employment status of the man who assaulted me. He hasn't been fired. Their investigation couldn't continue during his court case.

I definitely don't feel like *I* got justice, but maybe *he* did. Therefore, I'm okay with it. Honestly, I feel for him, wish him the best.

Now, here's the fun part. I don't like to talk about "twitter capital." It makes me feel like a douche. That said, I know I have it. I am sitting on a lot of unused twitter capital, actually. The DA's continued prosecutions of my peacefully protesting friends is abhorrent & wrong; after what I went through, I'm especially certain. I'm fully prepared to make a "thing" of this. Dude who punched me 1 hr before our raid? Probation. Peaceful protesters? CHARGES STILL STAND.

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Comments

Marshal Marshall? Awesome.

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I once knew a fellow named Ed Mister. Do the math.

As for Field, I mean Sky Marshall Marshall getting off with a slap - it's not quite that simple. A sentence of probation means a criminal record. That will follow him the rest of his life.

Rationalizing hitting the girl by saying he has PTSD is a dilution of the challenges created by PTSD. The guy chose to walk into the situation; PTSD did not compel him. If he was in a crowd where violence erupted then I can see him reacting violently. But, if I read the description right, he actually put himself into the situation. That was a conscious choice. He is culpable for choosing to place himself there - no less than the Occupiers are culpable and responsible for choosing to be there.

Was he intoxicated? Calling women prostitutes was an act of emotional violence. Was alcohol inciting him to shout bigoted statements? Was the physical violence fueled by alcohol as well? From the description, besides the alcohol and drug testing requirement, being intoxicated sounds like an element in the drama. But being drunk is not PTSD. Alcohol is a home remedy for dealing with PTSD but being drunk is itself not PTSD. Being drunk ultimately is because his hand picked up the glass and poured it down in throat. If he is an alcoholic then he needs to get help before he hurts another or himself. But he is still responsible for the actions that arise from being drunk; for the PTSD has little place as an explanation.

But then this starts to describe a disturbing situation: an Air Marshall whose choices are directed by the trauma of PTSD, and who may use alcohol to deal with the emotional trauma caused by PTSD? Is this fellow qualified to be an air marshall?

As for justice when comparing the conviction against Marshall and the Occupiers - well, I expect that the Occupiers will be treated better than Pussy Riot. But how Lady Justice looks upon the Occupiers is left open to whether the judicial representatives of judges and prosecutors see Occupiers as people engaged in a moral (if illegal) peaceful protest or as people to simply shut up.

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Marshall is a lowlife with little man syndrome who needs to feel big by carrying a gun. Kid is a squid

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This is insufferable. I mean, yes, that guy hauled off and should be 100 percent accountable for his actions. But cut the drama, why does this person get half the UH page to wax melodrama.

For the record, what are her friends being prosecuted for? Jumping fare gates?

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I know, right? They're wasting valuable Internet on this page! We only have so many pixels left, we need to start rationing it so we don't run out!

Also, since someone obviously has a gun to your head for forcing you to click "Read More", I hope you make it out of this hostage situation safely.

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speaking of wasting internet...

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The residents of Boston didnt feel like "they" got justice. Almost $1mm in Police overtime. Thanks!

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I've never understood the notion that Occupiers are somehow responsible for the overtime paid to officers who were there to contain and suppress them. The BPD was better than many police forces across the country but it's not like they were there to protect the Occupiers. Rather they were there to try and ensure that their political message got squelched.

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the case they (the city) would have shut down their camp after a few days, also it not like nobody was doing anything illegal. I must have read the papers wrong; a rape, ramped drug use and a homeless safehaven, oooo and "Ya Mannn Their Meassage"

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The Herald bowl overflowed and is spilling again.

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because i dont agree with the Fring Syco's from "Occupy" Get a life you looser! P.S. I dont read the Herald!

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You don't read.

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As ridiculous as their editorial page is, they manage to mostly put sentences together and use English words. You might pick up some of our language.

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Thanks for speaking for every resident in Boston. Glad we all share the exact same views as you.

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He's an air marshal named Adam Marshall?

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"I'm fully prepared to make a "thing" of this. Dude who punched me 1 hr before our raid? Probation. Peaceful protesters? CHARGES STILL STAND."

And Jacks, you should!

What I found unreasonable and outrageous about the DA charges against the protestors was the DA's decision to add a RESISTING ARREST FELONY to the base charge when there is no merit in that charge.

The protestors were asked one by one if they wanted to leave voluntarily or be arrested by Boston Police. The arrests were peaceable in keeping with nonviolent resistance training. So the resisting arrest felony charge seems like piling on. To me, it's a but of an outrage.

Here's what I don't understand, how does a guy with PTSD get a job as a Air Marshall? The court is essentially agreeing with his defense attorney and claiming the PTSD made him less responsible for his actions -- punching a women and stealing her cell phone on a public street in Boston. Does the record show why does a federal air marshal feels justified choosing a female protestor as the person he's going to go off on? My best guess is that he was a bit drink when it happened. OK so he got his justice, How about the protestors?

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So did he smack her? Punch her? Hit her? He wasn't charged with assault and in your original report, are you claiming the assault as fact?

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So did he smack her, hit her or punch her? The report contains three separate accusations and furthermore, what was he charged with? Are you stating that he hit her as fact?

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Good question. From the linked Wired article:

"Stealing the iPhone of one of the camp’s prominent voices, then slapping her, apparently."

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does the law differentiate between those?

Regardless, a person trusted with authority and the use of force in our society should be held to a higher standard, and there is no way I, as a member of the public, trust this guy to do his job. I hope that he loses his job as a marshal if he has not already.

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This isn't a court of law. Accurate reporting differentiates. And anyone who has been punched with a closed fist knows the very real difference.

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Shouldn't be in law enforcement, whether he slapped the woman or punched her. Marshal Marshall should get some help, and find another line of work.

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Well, based on my interactions with police, removing "unstable thugs" from the pool of applicants would mean a 50 percent reduction in police forces nationwide. Small sample size and the rest...

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Fair enough, the court of public opinion can differentiate. But why is it a "good question"? In my view any of those is unacceptable and worthy of him losing the keys to our society. Does your interest in differentiation mean that you think one of those is acceptable?

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It's a good question because the truth matters. To me, at least. Accurate reporting matters. I didn't comment on whether he was worthy of anything - that's all in your imagination. The header of this post still says the guy punched a woman. Either he did, or he didn't. What is there about this that is difficult?

I suspect that I'm a favor of far more harsh punishments than you are, so don't go all tough-on-crime on me.

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If Adam Marshall slapped a BPD officer he'd be charged with assaulting an officer so yes, a slap is an assault. It doen;t matter who you hit.

Jacks is saying that she's willing to accept Adam Marshall's probation as justice, and she just wants the same consideration for her fellow protestors.

They were arrested for refusing to leave a public park -- trespassing. As part of their protest, they nonviolently and passively did not assist in their own arrest. As a result the DA also charged them with a felony resisting arrest.

I think she's got a valid point. The DA should drop the felony resisting arrest and offer probation for the trespassing.

What Jacks is pointing to is two-tier justice where a Federal Marshall gets off easy in a court of law and protesters get the book.

One principle of our Republic is equal justice under the law I'm beginning to have doubts. The connected and powerful don't have the same level of accountability in a court of law as joe the plumber.

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Adam Marshall is a jerk and Robin Jacks is annoying. It seems like his punishment was pretty fair. Did she want him sent to jail? The same jail that she would just as easily rail against as a Carlyle Group owned tool of the corporatist system? The DA can't fire him from his job, that's up to his employer. If the DHS is still investigating him I doubt he's still an air marshall anyway. This guy has probably PTSD from killing people and watching his friends get blown to pieces for months on end and then Robin claims he gave her PTSD from slapping a phone out of her hand? Give me a break. This guy obviously has displayed a lack of judgment that should probably preclude him from being the guy who is allowed to bring a gun on your plane, but that really has nothing to do with the DA. No one from Occupy Boston is going to jail, no need to martyr yourself.

The funniest part is picturing this message broken up over 30 tweets in a row.

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your mother, or your daughter, over a parking space or something, or just because he's having a bad day. Would you want him sent to jail then? Just checking.

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> Adam Marshall is a jerk and Robin Jacks is annoying.
If you get physical you are more than just a jerk. Being a jerk is taking some one else parking spot at the last moment. Some thing like that. Hitting someone crosses the line.
And he should lose his job. No one asked him to show up at Occupy Boston, he could have stayed home and watched TV.
But yes she is annoying. She has months to figure out what she thinks she wants, and can't do it. Then she is still not happy with the outcome.

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What was marshal Marshal's excuse for calling women prostitutes? Not wearing a head to toe burka nor accompanied by a male family member out in public?

Is PTSD another excuse for being a criminal like have a drug addiction or being "underprivileged"? Being off the streets in a locked treatment center would do Marshal good.

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