
A | DENVER -- Denver prosecutors asked a judge on Friday to dismiss a case against Marlon Wayans stemming from a luggage dispute with an airline employee who the actor and comedian said targeted him because of his race. The city attorney's office's request comes a day after Wayans, who is Black, asked for the case to be dismissed and accused prosecutors of perpetuating the discrimination he faced by continuing with the case. Assistant City Attorney Katie Conner did not directly explain why prosecutors wanted the case dismissed, but she suggested that information gathered by Wayans' lawyers about white passengers being allowed to violate United Airlines' luggage limit played a role. One of Wayans' lawyers, David M. Beller, said a judge has granted the request. He applauded the city's decision.“Our community does not need one more innocent Black man wrongfully accused and wrongfully convicted," Beller said. "I hope this inspires everyone to be more aware of their own implicit and explicit bias." A spokesperson for the city attorney's office did not return an email seeking comment. Wayans was cited for disturbing the peace, a municipal violation, in June, police said. According to Wayans’ motion to dismiss the case, a United Airlines gate agent told him he could not get on a flight to Kansas City with three bags. The gate agent tried to physically block Wayans from getting on the flight after he consolidated his luggage into two bags to conform with airline policy, according to the filing. Wayans boarded anyway and was later asked to get off the plane before it departed.While Wayans was working to rearrange his luggage, the gate agent kept allowing white passengers with three bags to board the flight, according to the court filing, which included still photos from surveillance video of white passengers with yellow arrows pointing to each of their bags. About 140 people boarded the flight, the filing said, many with three bags and oversized bags that violated the airline’s policy.According to statements recorded on police body camera and cited in the filing, the gate agent told officers that Wayans “shoved,” “pushed” or “elbowed” him as the comedian boarded the plane, which Wayans’ lawyers said was a lie. They say Wayans may have brushed shoulders with the agent as he boarded. In the filing to dismiss the case, Conner said Wayans “brushed past” the gate agent to get on the plane.The police officers who investigated were doubtful that any crime had been committed, according to Wayans' filing, but the gate agent asked that charges be pursued.In the city's motion to dismiss the case, Conner noted that she had reviewed the information gathered by Wayans' lawyers and met with the gate agent on Thursday to go over each photo included in Wayans' filing. “As a result of information gathered during that interview, it is the undersigned city attorney’s determination that, while probable cause existed at the time of the issuance of the complaint against Mr. Wayans, it is not in the interests of justice to proceed in this case,” Conner said.。

B | 因为家庭矛盾,湖北一男子与舅妈在外公的灵堂里发生冲突,男子的殴打造成舅妈多根肋骨骨折,构成轻伤一级。

C | 近日,湖北省兴山县人民法院对这起特殊的故意伤害罪案件作出一审判决,该外甥被判处有期徒刑一个月。

D | 2024年1月,杨某的外公去世。下午6点,杨某来到湖北省兴山县舅舅家,在外公的灵堂里,他因家庭纠纷与舅妈周某发生争吵,继而发生抓打,一阵混乱后多人不同程度受伤。

E | 对于这场冲突的发生过程,作为当事双方的杨某和其舅妈周某各执一词。根据该案判决书,周某称,杨某先是用手打了她的头部,自己骂了几句,杨某在其倒地后又用脚踢了她的胸腹部。

F | 周某称被杨某打了之后,她就用双手去乱抓对方,记不清楚在此过程中有没有碰到他的儿子,因为当时头是昏的。杨某则表示,当时自己让舅妈周某跪下给外公磕头,周某骂了他,于是他按住对方的肩膀让其下跪。周某不愿意并反抗,用手打了他的脸,他就用拳头打了对方头部,打了几下后劝架的人赶来,周某没站稳摔倒在地,他则被劝架的人拉了出去。杨某称,此时他的儿子走了过来,周某用拳头打了其儿子头部几拳,儿子大哭起来。他看见儿子被打,就很气愤地将周某踹倒在地,然后继续用脚踢她的胸部、腹部和腿部。根据公诉机关指控,当时杨某按住周某欲让其跪拜灵堂,引发了后续冲突。而杨某的舅舅则在证言中表示,他和外甥两家关系一直都不好,这次发生矛盾可能是因为杨某感觉他没有照顾好去世的老人,就发生了矛盾。当晚,杨某电话联系民警,民警告知其次日到派出所接受处理。次日,杨某到派出所接受调查,并主动承认殴打他人的事实。案发后,杨某主动支付了舅妈周某住院医药费1000元。法院查明,事发时,杨某持拳殴打周某头部,周某就用双手去抓杨某。被人拉开后,周某用手打了杨某的儿子头部两下,杨某见状将周某踹倒在地,用脚踢打周某胸部、腿部,后再次被人拉开。这一冲突造成周某胸部等部位受伤,杨某的舅舅面部挫伤,杨某儿子头部受伤。经鉴定,周某右侧第3、6、7、8肋骨及左侧第5、6肋骨骨折,评定为轻伤一级。法院认为,被告人杨某故意伤害他人身体,致人轻伤,其行为构成故意伤害罪。该案审理过程中,杨某的辩护人提出,杨某具有自首、立功等法定从轻或者减轻处罚情节。本案系家庭矛盾引发,被害人周某对矛盾激化有过错,杨某愿意赔偿被害人经济损失,虽然对方拒绝赔偿请求,但杨某的赔偿态度是积极的,对杨某可以酌定从轻处罚,法院采纳了相关辩护意见。法院认为,杨某在案发后主动向公安机关投案,到案后如实供述自己的犯罪事实,系自首,可以从轻或者减轻处罚。

G | 杨某揭发他人犯罪行为,经查证属实,系立功,可以从轻或者减轻处罚。本案系家庭纠纷引发,杨某主动赔偿被害人部分经济损失,可以酌情从轻处罚。

H | 据此,兴山法院对该案作出一审判决,以故意伤害罪判处被告人杨某有期徒刑六个月。来源:扬子晚报。
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