Chicago-area ex-Marine will do no jail time for second-degree murder in 2009 shooting


JOLIET, Ill. — A former Marine who was convicted of second-degree murder in the shooting death of a man whose puppy urinated on his award-winning lawn was sentenced Wednesday to four years probation.

Charles Clements, 69, won't do any jail time for killing his neighbor Joshua Funches, 23, during an argument outside Clements' home. He could have been sentenced to as long as 20 years in prison, The Chicago Tribune reported.

"This is not justice," said Gail Williams, the slain man's aunt, according to the Tribune.

In May 2009, as Funches passed Clements' home while walking his fox terrier, the dog lifted its leg and relieved itself, witnesses said. The two men got into an argument. After Funches cursed at him, Clements pulled out a .45-caliber handgun, then put it back in his pocket, the Tribune reported. Soon after, Funches punched Clements in the face. Clements said Funches was standing still when he redrew the gun and shot him, the Tribune reported.

Funches later died of his injuries.

Funches was the father of three young children, including one born after his death, according to the Tribune.

The Will County state's attorney indicated it would not appeal county Judge Daniel Rozak's sentence. The attorney's office issued a statement following the ruling:

“Given the serious nature of the crime and the evidence presented at trial, the State’s Attorney’s Office asked the judge for a prison sentence for Charles Clements. After presiding over the trial and hearing all the facts and circumstances, the judge determined that probation was an appropriate sentence. He is an excellent judge and we respect his decision.”

The judge told Clements the slaying wasn't about a dog urinating on a lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man," the Tribune reported.

Having repeatedly earned University Park's lawn upkeep award, Clements often verbally harassed anyone who stepped near or on his precious grass, neighbors said.

http://www.msnbc.msn.com/id/40843342/ns/us_news-crime_and_courts

This is insane!

I wonder who he was blowing?

Joliet, I can't say I'm to surprised. Only about 20 min from me.

sounds like he woulda got in more trouble if he woulda just shot the dog....

Yep, still as crooked as when I left.

I hate people who pull this crap. They have a prized lawn and get violent over anything transgressing their lawn. I had a neighbor like that. A YZ80 made a huge mess of the lawn when someone I will not mentioned got yelled at over retrieving an RC airplane from this jerk's lawn. Now about the altercation. I bet Funches punched him in the face for shooting his mouth off and threatening him. Clements being a former marine knew better. If I was a family member I would take matters into my own hands. Nothing an ambush and a 12 Gage shotgun can't handle. This shows how deranged the legal system is. Clements shot am man in cold blood and his punishment was a slap on the back of the hand.

I am a gun owner and I KNOW better than to brandish unless I intend to kill someone or hold them for the police. If he was so concerned about his lawn he should have fenced it off. Oh BUT NO Laddybuck! This man wanted to show off and act like General Patton. Now do not get me wrong, I respect the military a lot but they breed some of the biggest attitude laden shi*heads around! LA County Sheriffs are a close second. Clements should have received the death penalty over this! Had Clements pulled a knife or any other weapon the shooting was justified but to shoot a man just standing there? I bet Clements was pissed off Funches being younger dared to stand up to him and that pissed him off. Funches was not "respecting his authority!"

This is a classic abortion of justice.

as harsh as it sounds, it wsa only a lawn and an argument,, the young man was an idiot for punching a man after he had shown him he was armed


he is responsible for his own death,,

Theres the key right there!! Funches not only allowed his mutt to pee on the guys lawn, then he physically punches the guy....Clements was on his own property when he was attacked. He had every right to kill the SOB.

Where does it say he was on the dudes lawn?

No where.
He was walking past his lawn. This insinuates he was on a public sidewalk or road, but since it doesn't say then it is wrong to presume either scenario.

Now it comes down to the use of deadly force law.
Does punching someone once and then standing your ground, (it does say that.)
justify the use of deadly force?
Did the man really have to shoot him to protect him self?

Sorry, I read it on a different source and it stated that Funches was on the mans property.
I don know which story is correct, but one less dirtbag in the world is a good thing.

should have been 2 less.... he should be in prison

Lets all have a party on his front lawn! One of us maybe shot but he can't take us all down!

Joking aside, thats an injustice.

I agree!

I suspect Clements is far from being off the hook, though. Funches' family will likely easily prevail in a wrongful death civil suit-- especially given that Clement has been essentially convicted of a felony in regards to the case, the legal doctrine of estoppel will likely prevent Clements from re-visiting argumnts for justifiable homicide.

-Kerry O.

Clements is a national hero, and you're all treating him like a criminal!!

Somebody needs to spray his lawn with gasoline and torch it!

This jackbutt must be friends with the Obama's. Only someone connected to those crooked sons-a-******* could get away with murder.

As to the OP sounds like the man liked his gun a bit too much if you get my meaning. Hopefully he can't have one ever again. A punch or pee doesn't constitute justifiable death to someone.

Hmmm, I dont know....a 23 year old attacking a 69 year old.

The the younger guy made the decision to attack the older guy, even AFTER he seen that the old guy was armed. That's just stupid!!

Seems to me that he had fair enough warning, but still chose to attack.

He got what he deserved.