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News Ohio incel Tres Genco faces federal hate crime charges: legal discussion thread for Nov/Dec 2021

PPEcel

PPEcel

cope and seethe
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Joined
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I now realize that this case is going to drag on for a while, so I'm going to emulate the way I'm following the Larson case and create a thread every two months instead of creating a new thread every time I have an update

This is a case that seems destined for appellate review. The legal questions raised in Ohiocel's prosecution range from the Fourth Amendment to the Commerce Clause, to Chevron deference and statutory interpretation.

Background

Has already been covered previously on this forum, by the media (Cincinnati Enquirer, Washington Post, New York Times), and by Reddit.

In March 2020, Tres Genco, a white manlet in rural Ohio and self-proclaimed incel, engaged in a heated argument with his mother with whom he lived. Local police were dispatched to the scene, and in order to de-escalate the situation, they asked for and obtained consent from Genco to conduct a warrantless search of his bedroom for a Glock handgun. During the search for the handgun, a detective read Genco's private, handwritten notes that allegedly detailed Genco's plans to commit a mass shooting.

Based on these notes, the detective, now with the assistance of the ATF and the FBI, returned with a search warrant and seized Genco's electronic devices, two firearms, and other items. Genco was charged in county count on one count of making a terroristic threat under Ohio state law. He entered an Alford plea and in October 2020 was sentenced to 17 months in county jail, a sentence which he has already served.

Genco had been released on parole for two months and was gainfully employed when in July 2021, federal authorities re-arrested him and unsealed an indictment charging Genco for the same conduct that the state of Ohio had already punished him for. Genco faces one count of an attempted hate crime involving an attempt to kill, and one count of possession of a machine gun; he faces a maximum sentence of life imprisonment and ten years' imprisonment on these two counts respectively.

More specifically, Assistant U.S. Attorney Megan Gaffney-Painter alleges that Genco's activities (maintaining profiles on a particular incel forum, personal writings, acquiring certain items of clothing, possession of firearms and body armor, joining the U.S. Army, internet research on police scanner codes and university sororities, and physical surveillance of a particular university) constituted an "attempt to kill women". In addition, the Glock handgun in Genco's possession allegedly had its rear rails illegally modified.



The case is being overseen by Judge Susan J. Dlott. Genco is currently detained at the Butler County Jail.

Latest updates

Last week, Genco's attorneys filed the following two briefs, reinforcing their bid to have the evidence against him suppressed, and both counts dismissed.




The U.S. government's response briefs are due on 24th November.

Would be happy to answer any questions.

@Master @ordinaryotaku @dreadtheblackpill @MaxZM98 @Ricecel X @tenta @FuRed @Linesnap99 @FrothySolutions @notafed @Justdone @Robtical @Arabcel9
 
YOU CAN'T CULL İNNOCENT WYMYN :soy::soy::soy::soy::soy::soy::soy::soy::soy::soy:
 
During the search for the handgun, a detective read Genco's private, handwritten notes that allegedly detailed Genco's plans to commit a mass shooting.
This is why you keep your personal shit private, maybe he wasn't really going to go through with it, but wrote it down as venting, Glowiees don't really care about nuance, they are more than happy jailing Incels because we are a threat to their conformist misandrist Feminine system.
 
brutal no tag pill :feelsbadman:
 
over for Ohiocels
 
Genco was charged in county count on one count of making a terroristic threat under Ohio state law.
Why is he being charged with terrorism if it's only for crimes with political or religious motivation????
 
I didnt know you could be judged multiple times for the same crime.
 
This is why you keep your personal shit private, maybe he wasn't really going to go through with it, but wrote it down as venting, Glowiees don't really care about nuance, they are more than happy jailing Incels because we are a threat to their conformist misandrist Feminine system.
No, you just never write down that kind of things, not even for a joke. Regardless. In a way, you should never fantasize about it neither, but no one can probe your thoughts... yet

(maintaining profiles on a particular incel forum, personal writings, acquiring certain items of clothing, possession of firearms and body armor, joining the U.S. Army, internet research on police scanner codes and university sororities, and physical surveillance of a particular university) constituted an "attempt to kill women"... Genco faces one count of an attempted hate crime involving an attempt to kill, and one count of possession of a machine gun; he faces a maximum sentence of life imprisonment and ten years' imprisonment on these two counts respectively.
This is super worrying... society can now send people to jail, for life nonetheless, just because of some notes interests and some internet history (some of which, btw, can be planted). They are not even trying to help him anymore, maybe convincing him that life is actually fair (lol) and all the unfairness he perceived was actually not true... well, I guess society has became way too fucked for that ahah.

So sooner or later, they'll just arrest at will any incels, or anyone that is still a virgin over 21 for what's matter (doctor exam). Maybe even heavily limit their rights, like: incels cant vote, incels cant travel, incels lose automatically any legal case involving foids... and so on.

Dogs will end up having more rights than incels
 
If he doesn't fry, I want to know why.
 
No, you just never write down that kind of things, not even for a joke. Regardless. In a way, you should never fantasize about it neither, but no one can probe your thoughts... yet


This is super worrying... society can now send people to jail, for life nonetheless, just because of some notes interests and some internet history (some of which, btw, can be planted). They are not even trying to help him anymore, maybe convincing him that life is actually fair (lol) and all the unfairness he perceived was actually not true... well, I guess society has became way too fucked for that ahah.

So sooner or later, they'll just arrest at will any incels, or anyone that is still a virgin over 21 for what's matter (doctor exam). Maybe even heavily limit their rights, like: incels cant vote, incels cant travel, incels lose automatically any legal case involving foids... and so on.

Dogs will end up having more rights than incels
Eventually they're just gonna put every short guy and every ugly guy on a watch list by default. Women are already trying to make this happen.
 
If he doesn't fry, I want to know why.
Depending on the outcome this could make an interesting law school exam question some 20, 30 years down the line. It's not a clear-cut case.
 
How tall was he? Another mentalcel idiot from the looks of things.

How come many of these guys seem to come from Ohio.
 
How tall was he? Another mentalcel idiot from the looks of things.

How come many of these guys seem to come from Ohio.
5'6

They're kind of crazy

Half the state is just cornfields or something
 
you think that the judge will hand him the maximum sentence available , to make an example of this evil misogynistic incel terrorist?:feelsEhh:
 
you think that the judge will hand him the maximum sentence available , to make an example of this evil misogynistic incel terrorist?:feelsEhh:
Dlott has a reputation for leniency, but who knows?

On the federal charges, this guy hasn't been convicted or tried yet.
 
Last edited:
Dlott has a reputation for leniency, but who knows?

On the federal charges, this guy hasn't been convicted or tried yet.
i wish him the best :feelsEhh:
 
Update:
Federal prosecutors filed their response briefs on Nov 17th.




Genco's lawyers filed their reply briefs on Nov 24th.



Summary of the legal questions being considered:
An oversimplification, but you guys have short attention spans.
  • Is the federal hate crimes statute a lawful use of Congress's Commerce Clause authority?
    • As applied in this case, is the federal hate crime charge supported by Commerce Clause jurisdiction?
    • Does Genco's conduct constitute an "overt act" that represents a "substantial step" towards the commission of an offense, as federal prosecutors argue, or does his conduct constitute "pre-offense" actions that constitute subjective proof of intent, as the defense argues?

  • Was Genco's Fourth Amendment right violated when police officers read his private papers after he gave them consent to search his room for a gun?
    • Did Genco's mother have the ability to consent to a search of Genco's private papers?
    • Was the search warrant in this case supported by probable cause under Ohio state law?
    • If Genco's Fourth Amendment right was violated, should the evidence be suppressed under the exclusionary rule?

  • Does a Glock pistol which, after modification, fires exactly two bullets with a single pull of the trigger, but cannot fire afterwards, constitute a "machine gun" under federal law?
    • Should the court defer to the ATF's definition of a machine gun, found in the Code of Federal Regulations, or to the Supreme Court's definition of a machine gun, found in a footnote in Staples v. United States (1994)?
      • The ATF defines a machine gun as a weapon that "shoot...automatically more than one shot, without manual reloading, by a single function of the trigger".
      • In Staples, the Supreme Court defined a machine gun as a "weapon that fires repeatedly with a single pull of the trigger. That is, once its trigger is depressed, the weapon will automatically continue to fire until its trigger is released or the ammunition is exhausted."

@IengZengCel @Arabcel9 @Lonely4Ever @mNFwTJ3wz9 @BlackPilledNeet @SlutLiberationFront @Mecoja @FrothySolutions @FuRed @PoodankMcGee @Startheon
 
The first question is the only question that matters to me. "Is it a machine gun if it only fires two bullets?" Why should anyone give a fuck?
 
The first question is the only question that matters to me. "Is it a machine gun if it only fires two bullets?" Why should anyone give a fuck?
Because Genco faces one count of illegal possession of a machine gun.

The statutory definition of a machine gun is also the subject of legal challenges against the ATF's ban on bump stocks, introduced after the Las Vegas shooting in 2017. Earlier, the U.S. Court of Appeals for the Sixth Circuit, which has appellate jurisdiction over the Southern District of Ohio, blocked the ATF's ban in a 2-1 ruling; though this ruling has been vacated pending an en banc rehearing.

Genco was also in possession of an AR-15 with a bump stock, but was not charged for it.
 
its over for him isnt it ?
 
Because Genco faces one count of illegal possession of a machine gun.
I think burst fire weapon is considered an machine gun and its illegal for civilians.
 
Because Genco faces one count of illegal possession of a machine gun.

The statutory definition of a machine gun is also the subject of legal challenges against the ATF's ban on bump stocks, introduced after the Las Vegas shooting in 2017. Earlier, the U.S. Court of Appeals for the Sixth Circuit, which has appellate jurisdiction over the Southern District of Ohio, blocked the ATF's ban in a 2-1 ruling; though this ruling has been vacated pending an en banc rehearing.

Genco was also in possession of an AR-15 with a bump stock, but was not charged for it.

I know, but these nickel and dime charges are insubstantial to the one charge that matters. If they're like "Making and acting on death threats is legal, but oh no not with that particular gun" then we need to fill some legal loopholes.
 
I know, but these nickel and dime charges are insubstantial to the one charge that matters. If they're like "Making and acting on death threats is legal, but oh no not with that particular gun" then we need to fill some legal loopholes.
I mean he faces ten years on that charge alone so it's not exactly nickel and dime. Plus if it isn't considered a machine gun, that will preclude federal prosecutors from requesting an upward variance on that basis during sentencing if he is convicted on the hate crime charge.
 
I mean he faces ten years on that charge alone so it's not exactly nickel and dime. Plus if it isn't considered a machine gun, that will preclude federal prosecutors from requesting an upward variance on that basis during sentencing if he is convicted on the hate crime charge.

I'm not interested in playing lawyerball. He should not be guilty or innocent based on bullshit technicalities. The law should be a common sense thing. Should you or shouldn't you be allowed to make death threats and then go drive up to where you made the death threats? That should be a simple question.
 
I'm not interested in playing lawyerball. He should not be guilty or innocent based on bullshit technicalities. The law should be a common sense thing. Should you or shouldn't you be allowed to make death threats and then go drive up to where you made the death threats? That should be a simple question.

But bullshit technicalities are the law. It is never a common sense thing. The wealth of procedural rules and safeguards in any independent judiciary, although imperfect, exist to ensure that everyone is treated as fairly as possible; and in criminal cases, to check the power of the executive.

"Common sense" is scarily vague.
 
But bullshit technicalities are the law. It is never a common sense thing. The wealth of procedural rules and safeguards in any independent judiciary, although imperfect, exist to ensure that everyone is treated as fairly as possible; and in criminal cases, to check the power of the executive.

"Common sense" is scarily vague.

It shouldn't be, if I run up and fuck somebody in the face, it should be common sense why that's wrong.
 
Update: federal judge asks for additional briefs to be filed due to "unusual" and "complex" nature of the case



Yeah, this case is going to the Sixth Circuit.

@FrothySolutions @FuRed @Mecoja @Arabcel9
 

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