Racist Skinhead Flattened by Man He Attacked Goes to Prison
An Idaho judge today sentenced a racist skinhead to up to five years in prison for maliciously harassing a black man who, it turned out, was a former boxer who defended himself last summer with a one-punch knockout.
Daren C. Abbey, who has been free on bond, appeared surprised as he was led from a courtroom in Coeur d鈥橝lene, Idaho, in handcuffs after 1st District Judge Benjamin Simpson imposed a three-year 鈥渇ixed sentence鈥� to be followed by a two-year indeterminate sentence.
Abbey鈥檚 defense attorney had argued that the 29-year-old, who has a lengthy criminal record, should be placed on unsupervised probation and allowed to return to Ferndale, Mont., near , where he was working in construction.
The judge retained jurisdiction of the case for one year, which means Abbey could be brought back to court for a reduction of his sentence after he completes alcohol and drug counseling while in the custody of the Idaho Department of Corrections. The state offers three levels of counseling, which can last from 3陆 to 9 months.
鈥淭his is a troubling case,鈥� the judge said in sentencing Abbey.
Abbey, who body is covered in racist tattoos, was outside a bar in Bayview, Idaho, on Lake Pend Oreille, after yelling racial epithets, following and then assaulting Marion L. Baker, a 46-year-old African-American man. Abbey attacked Baker without bothering to read the back of Baker鈥檚 T-shirt, which said, 鈥淪pokane Boxing Club champion.鈥�
Two months later, while being held in the Kootenai County Jail, Abbey engaged in similar conduct with a jail security guard who is Latino, court documents show.
When guard F. Gayton entered a set of cells called O-Pod, Abbey yelled out, claiming his sleep was being disrupted. When the guard ordered the inmate out of his bunk, 鈥淎bbey came walking toward me swinging both arms and shoulders in an aggressive manner with a stern look on his face as if he wanted to fight,鈥� the documents quote the guard saying. As the guard ordered Abbey to face the wall and put his hands behind his back, 鈥淎bbey said, 鈥楩--- you, you s----!鈥欌�� the documents say.
For that incident, Abbey was charged with an additional count of malicious harassment and assault on jail staff 鈥� both felonies. Those charges were both dismissed as part of a 鈥渘o-contest鈥� plea bargain that saw last December to malicious harassment of Baker. He was released on bond on Dec. 8 and has been out of jail since that time.
Baker didn鈥檛 exercise his right as a victim to show up and address the court at the sentencing hearing. Deputy Prosecuting Attorney Robert Green said Baker 鈥渉ad a work conflict鈥� and couldn鈥檛 appear. Members of the Kootenai County Task Force on Human Relations, who have tracked the case, also didn鈥檛 appear or address the court.
Baker was first confronted by Abbey inside JD鈥檚 Bar on the scenic North Idaho waterfront on the July 4th weekend. Abbey told Baker he didn鈥檛 belong in the bar because of the color of his skin, then ordered him to 鈥渓eave before something happened,鈥� according to a sheriff鈥檚 report.
When Baker did leave 鈥� apparently taking note of Abbey鈥檚 extensive racist tattoos 鈥� Abbey followed him outside for 300 yards, yelling racial taunts as witnesses watched, the sheriff鈥檚 report said. Finally, after Baker was poked in the chest, he threw one punch that felled Abbey, who fell unconscious to the ground.
The deputy prosecutor said Abbey has a 鈥渓engthy history of this type of behavior鈥� and credited Baker with showing 鈥渁n incredible display of self-control鈥� by walking away after behind initially harassed.
Defense attorney Brad Chapman said his client now has three metal plates in his head, faces $30,000 in medical bills and 鈥渄oes not pose a current or imminent danger to the public at large.鈥� 鈥淭here may have been some inappropriate language,鈥� Chapman said of what witnesses described as his client鈥檚 racist tirade.
The defense attorney told the court that Abbey鈥檚 white supremacist views 鈥� 鈥渃ertain ideologies鈥� -- come from time he has served in prison. 鈥淪ometimes it鈥檚 a matter of survival,鈥� Chapman told the court.
The defense attorney said Abbey 鈥渋s not the person depicted鈥� in sheriff鈥檚 reports and 鈥渉as suffered from this incident, and will continue [to suffer], perhaps for the rest of his life.鈥�
Addressing the court before sentencing, Abbey didn鈥檛 offer an apology to Baker and claimed he had never been given an opportunity 鈥渢o give my side of the story.鈥� 鈥淚 probably did make the wrong decision, and the result of that is I got beat up pretty bad,鈥� he told the judge. 鈥淚f anything, this was a huge learning lesson,鈥� Abbey added.
As he was being taken into custody in the courtroom, Abbey鈥檚 mother suddenly stood up and asked if she could address the court 鈥� something the defense attorney had not requested. 鈥淣o, not now, this matter is closed,鈥� the judge told her as she wept softly.
