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Gargaro comment causing a stir Options
DJGray
Posted: Monday, September 29, 2008 9:22:26 PM

Rank: Administration
Groups: Administrator , Member

Joined: 1/11/2008
Posts: 260
Location: Bellingham, WA
A local situation is generating some chatter around the state, and on local blogs, but not at the Herald. (10/02/2008 NOTE: See the clarification from Sam Taylor in follow-up post below.)

Recently, Blaine resident Jeffrey Gargaro was reading and commenting on Bellingham Herald blog site, regarding the recent Skagit County shooting rampage, which ended in the deaths of six people. While commenting, Gargaro seems to have abandoned all common sense, and threatened a shooting spree of his own at Sunset Square. Gargaro, and his attorney Jeffrey Lustick are pointing to a First Amendment right to free speech, claiming that Gargaro was just expressing an opinion on current society's propensity to blame inappropriate behavior on anything other than the choices of the perpetrator.

I get that. I do. And I agree that in the views of a significant segment of society, nothing is anyone's fault anymore. Every perpetrator is suffering from a syndrome, or an influential childhood, or a chemical imbalance, or a disorder, or a disease of alcoholism, or a drug addiction, or a societal disadvantage, or... fill in the blank.

So, I get it, but still, what Gargaro said on the Bellingham Herald blog site was just foolish, in my opinion. In his irritation with some of the prior posts, Gargaro lashed out with the following: "Also to all of you who blame drugs ... shut up as well. You know what, I am going to go shoot up Sunset Square today ... just for the hell of it. No drugs, no mental illness ... you can blame today’s episode on video games and George Bush's example of 'pay back' to society.” Sometimes you just have to look in the mirror and admit you're looking at a dumbass. That was a dumb post to make. Criminal? I don't know. But dumb? Yeah.

Interestingly enough, according to the Associated Press, the rant above was spotted by an officer in St. Louis who reported the post to Bellingham Police. As a result, Whatcom County Prosecutor, Dave McEachran, has charged Gargaro with felony harassment, which means he could be facing up to five years for this inane comment. That strikes me as a bit excessive, so I really doubt it will come to that.

Granddaddy of the local bloggers, John Servais, is taking the Herald to task for routinely allowing such inflammatory comments, and anyone with a history of reading the Herald blogs knows this to be true. Few local blogs allow excessive profanity, racist, sexist or derogatory comments, or threats to the health, safety or welfare of others. We certainly do not allow such comments here, but they are fairly commonplace at the Herald, so Servais has sufficient ammunition to make his case.

Did anyone actually believe that Gargaro was headed out to Sunset Square to shoot up the place? Likely not anyone beyond the local police force, who understandably had to treat it as a serious threat. Another reason it was likely not treated as a serious threat by the general public is because it was not reported. The Herald removed the post, but did not report it to anyone. Even if they had, it's unlikely many (if any) would have viewed it as an actual threat. I didn't see it myself, and didn't even hear about it until sometime afterward.

McEachran's position is that Gargaro's intent is irrelevant, because what he wrote was indeed worded as an imminent threat. I guess, technically, that's correct. He didn't pose it as a hypothetical, but said, "This is what I'm going to do."

I'm not an expert on the law, so I can't really comment on it from that angle. It will be fascinating to watch this play out. The trial is scheduled for November.



Mark Twain wrote:

A lie can travel halfway around the world while the truth is putting its shoes on.

  • Mark Twain


  • Baron Miller wrote:

    Grace ruins the idea that you are fully in charge.

  • Baron Miller



  • Brat
    Posted: Tuesday, September 30, 2008 2:41:42 PM

    Rank: New Member
    Groups: Member

    Joined: 2/1/2008
    Posts: 36
    Location: Bellingham
    I saw this post right after he posted it. My jaw dropped open and couldn't believe how dumb he was to say such a thing. I felt he was just trying to make a point, but thought the Herald would take action. I did not report it to anyone.

    I have to admit...had he actually done what he threatened and no one had reported the threat, I would have felt horrible if someone were to have been hurt or killed because I did nothing and perhaps could have prevented it by reporting the post as soon as I had seen it. The simple fact is, in today's world of thrill killers, we shouldn't assume it is a comment just to make a point. Additionally, people that make such statements should be ready to be prosecuted should they make them, even in jest as it will cost the taxpayers dollars in investigating and taking focus off of real crimes to handle a possible imminent threat.

    Mr. Lustick just irritates the heck out of me. I realize he has to represent his clients, but using this as free speech? Give me a break. This was not free speech and should not be protected. This was a threat to public safety clear and simple...regardless of his real intentions. Think of the income and payroll lost if all of those stores had closed to protect their employees and clients just in case it was real. The problem is no one thinks about how it affects anyone outside their little world of keyboard, mouse and monitor. The gentleman should face the music for his words. Five years in prison wouldn't be my first choice, but certainly a hefty fine and community service...perhaps community service working with victims of crimes such as he threatened.

    One thing no one has mentioned is there could be a good reason the Herald has not reported on this event. It could be because they are part of the case. They may not be able to report at this point in time since the offense happened on their blog. Their attorneys may have recommended they stay away from it until the case is closed. But John Servais always loves to slam the Herald for any little thing. I'm not a huge fan of the Herald, but since I could not run and operate a paper of its size and distribution, I certainly will not try to tell them how to run theirs.
    DJGray
    Posted: Thursday, October 02, 2008 8:01:09 PM

    Rank: Administration
    Groups: Administrator , Member

    Joined: 1/11/2008
    Posts: 260
    Location: Bellingham, WA
    Correction/Clarification:

    Sam Taylor emailed me twice this afternoon to send links to stories the Herald has run regarding this matter. I had missed the second story. Thank you Sam, for passing these along.


    Original story:
    http://www.bellinghamherald.com/102/story/533769.html

    Followup story:

    http://www.bellinghamherald.com/102/story/549001.html

    Mark Twain wrote:

    A lie can travel halfway around the world while the truth is putting its shoes on.

  • Mark Twain


  • Baron Miller wrote:

    Grace ruins the idea that you are fully in charge.

  • Baron Miller



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