Tossing MickeyDee’s Cup of Ice at Driver Gets Mom Two Years Jail
by Nordette

I was working on my Mommy & Family blogroll post for Blogher.org, reviewing other blogs, and talking to a friend of mine on the phone. She lives in New Mexico and asked, "Girl, did you hear about that mom who got two years for tossing a McDonald’s cup of ice at another car? You know, road rage. They convicted her and she got two effin’ years!" (Pictured is Jessica Hall, 25, convicted mom.)

I’m listening now, asking my friend where she heard this story and already thinking I’ll have to post my blogroll tomorrow or Thursday because this story intrigues me. I’m sure there are mothers who’ll read about it, mull over their own stress levels, their reactions, and some will ask themselves, "What kind of sentence would I get if I were reported for losing my temper in the wrong state? (Read that as wrong state of mind and wrong state in America.) If no one was injured, would I still deserve two years?"

My friend went on, "She’s got three kids. Her husband's away on his third tour in Iraq. The kids were in the car acting crazy. These people cut her off twice, almost made her have an accident. Her sister is pregnant and was in the car too seeming like she was having the baby. Really bad traffic, a cup of ice. Two effin' years jail! Her kids have been farmed out to relatives. It's insane!"

I looked the story up, and it’s true. Folks are calling it "the McMissile case" according to The Washington Post, and the press calls the convicted mom a soccer mom. I remember when I was a soccer mom. I don't do the soccer thing anymore and no longer have young children who squirm and squabble in the back seat, but I still do lots of mom stuff in my car. My teenager and twenty-something still argue sometimes in my car, and I have crazy days sometimes, days when my ex creates problems, days when I have no one to turn to, days where I blow smoke from my nostrils.

This story scares me. I’ve lost it in traffic before, started cussin’ up a storm in the privacy of my car because some driver’s darted in front of me. I don’t roll down the window and scream directly at the person, however, because I usually recognize that I must be under stress to react so angrily and catch myself. I've learned over the years to manage my anger, but three years ago, while going through divorce, the wrong day and I may have blown every gasket. And that mom is 25 with a husband away at war. Hmm, there were times in my twenties when I may not have thought things through so clearly.

I'd probably never throw anything at another driver, however, because I know that’s a clear sign of aggression. If I considered tossing a cup of ice at someone else, even someone encased in a car, I'd be more likely to fear the driver retaliating with screaming and yelling or by tossing something at me, maybe following me to threaten me or to report me. Plus, I know what it feels like to have a driver get aggressive. Some people followed me once on a dark road all the way to my destination and flashed their lights at me to scare me. I think it's because they didn't want me to pass them on the highway. If I could've I would've reported them, but I don't think I'd expect them to get jail time.

Prior to this incident with Mrs. Hall, it wouldn't occur to me that a cup of ice could be considered a missile, an assault worthy of jail time, especially two years time. If I did something like this, and it was my first offense and no one was injured, would I deserve two years in jail? Would I deserve to be branded a felon, to have my children "farmed out" to relatives or maybe foster care while my husband was in Iraq or away on business? Is this what it means to be tough on crime?

Yes, the mother of three is guilty of road rage. She was wrong to toss a cup of ice at another driver. She could’ve startled the other driver, causing him to crash, but he didn’t crash. The other driver was outraged and reported it, and he should’ve reported it ... I guess. Yet even the passenger in the other car, the other driver's girlfriend, had this to say.

"I think that this is way too much of a punishment for her actions. This is just to me absolutely ridiculous," Fowle said. Community service would have made more sense, she said. "It's something that's going to make someone realize I did screw up, and I'm going to remember this, and I'm not going to do something like this again."

Here’s more information about case. After being instructed that "any physical object can be considered a missile. A missile can be propelled by any force, including throwing,” a Virginia jury convicted Mrs. Hall. The crime is classified as a felony in that state.

The jury sentenced her to 2 years in prison, the minimum, and a judge will formally impose a sentence Wednesday. Under state law, the judge can only decrease the jury's sentence.

Those quotes come from the full story at this Washington Post link, also the source of Mrs. Hall’s photo.

Other information information gleaned from the story:

  • Mrs. Hall seems to have no criminal record. It seems this is a first offense.
  • She is a stay-at-home African-American mother of three, 25 years old, Jacksonville, FL, resident. (The courts call this unemployed.) Her children are 4, 6, and 8 years old.
  • She is married, but solely responsible for her children’s daily care because her husband is now serving his third tour in Iraq.
  • The incident happened in thick traffic on I-95, Virginia. She was driving from North Carolina to New York.
  • Her three children were in the back seat of Hall’s car acting their ages.
  • Her sister, six-months pregnant and having contractions, was in the front passenger’s seat.
  • Mrs. Hall became enraged because she felt the couple in the other car, who cut her off twice and caused her to swerve once, did so on purpose. She says the swerve almost slammed her pregnant sister into the dashboard. The two people in the other car admit to weaving in and out of traffic, but were not aware of Mrs. Hall in particular.
  • She’s already spent more than one month in jail and has the following to say about her time served and sentencing:
    "I must have been wrong . . . but seriously, God," Hall said. "Lesson learned. Lesson learned is one hour in this place."
  • She couldn't afford an attorney and was represented by a public defender.

    I suppose the jury understood the judge’s instructions: "... any physical object can be considered a missile. A missile can be propelled by any force, including throwing.” I guess they felt they had to follow the letter of the law and sentencing her to anger management wasn't an option. I guess the prosecutor, who's not returning calls to the press, felt Mrs. Hall should be charged with a felony. Maybe the prosecutor and the State of Virginia want to make an example of Mrs. Hall to anyone else who indulges road rage.

    Still, I'm sure readers can think of cases in which repeat criminals have gotten less time. Perhaps the judge will bring some wisdom to this case when he hands down the final sentence. He/she could reduce it. But, you never know. Virginia has some tough judges. Apparently its juries are pretty mean too.


    Nordette Adams is a published poet, fiction writer, and journalist. You can find more of her work at her personal website or at her blog.

    • Submitted by Nordette (view blog) on Wed, 02/21/2007 - 00:53
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    Comments

     

    So the argument "but nothing

    So the argument "but nothing bad happened" is acceptable now? How about someone that becomes angry and throws a punch, pulls a knife or fires a gun? Should they be let off easy if no one really gets hurt or if they really didn't mean to do it, but they were under stress?

    The punishment does seem excessive to me, and from what I read, it seems excessive even to the people who got the ice thrown at them, but here's the thing...if you tell a jury "Yeah, she did it, but she really didn't mean it." is an acceptable defense, what happens then?

    I'm playing devil's advocate here,but think it through...where do you draw the line? Who do we let slide and who do we punish? What about all the other drivers on the road that day who didn't fling something at another car? Surely this mom couldn't have been the only hot, tired, frustrated driver on a packed highway that day.

    I do hope that the judge decides to be merciful. I hope he decides to sentence her to time served and community service. But I understand why they jury may have felt they needed to sentence her the way they did.

    Submitted by viciousrumours on Wed, 02/21/2007 - 01:21
     

    Mercy, Intent, and Harm

    I know you're playing Devil's Advocate, but I think that to arrive at mercy, one usually takes into consideration level of intent as well as harm inflicted. Even in murder cases the severity of punishment is usually tied to intent. A good law would allow the jury to consider intent. Do you really think the woman was trying to make the other car crash?

    If you don't think she intended to make the car crash but it crashed nonetheless and people were killed or maimed, then she gets a tougher sentence. If she threw a rock and not a cup of ice and clearly intended to make the car crash or injure the occupants, then she still gets a tougher sentence, even if no one was injured. But when no one's injured, intent to actually harm based on the weapon of choice is hard to prove, and you're dealing with a first-time offender, a good law usually gives some wiggle room. This law, even if the judge lowers the sentence, still leaves the woman with a felony conviction.

    I know you're playing Devil's Advocate, but the question of "where do you draw the line" also goes in the other direction. We live in a country where justice is relative. Sometimes laws miss the mark because the people who wrote them didn't write them carefully.

    Virginia prides itself on being tough on crime. For instance it has some pretty tough gun laws that I think have some good aspects and may actually be a deterrent to criminals who aware of those laws. However, I think the law they used to prosecute this woman didn't leave the jury any wiggle room. I also think that she had a public defender is important. Public defenders often lack experience and are overworked.

    I find that when courts try to "make an example" of people to make a statement about some hard stance on a new type of crime, like road rage, they invariably do injustice rather than justice.

    On a practical note, I wouldn't want to pay taxes for this woman to be imprisoned on a technicality in the law, minimum sentence, while pedophiles, drug dealers, and rapists go free or serve little time based on technicalities, and frequently because they can afford a private attorney. I'd love to know if the prosecutor who brought the case is out to make a name for him or herself.

    Just a few thoughts about missing information that we will probably never know. I like writing pieces that encourage readers to imagine themselves in the shoes of the other person like this mother.

    "Love is liquid. Be drunkards!" ~~Nordette

    Submitted by Nordette on Wed, 02/21/2007 - 03:42
     

    what an excellent post

    and a perfect reply to the commenter.

    On a practical note, I wouldn't want to pay taxes for this woman to be imprisoned on a technicality in the law, minimum sentence, while pedophiles, drug dealers, and rapists go free or serve little time based on technicalities, and frequently because they can afford a private attorney.

    That's exactly what I thought when I read your post. And we read all the time about outrageously short sentences for so called 'white collar crime', even when these crimes were deliberate, pre-meditated and caused considerable harm to clients.

    Also, I note that Ms. Hall is African-American. I don't know anything about the driver of the other car, but do you think that race could have been a factor?

    laurie
    www.notjustaboutcancer.blogspot.com

    Submitted by laurie on Wed, 02/21/2007 - 06:53
     

    Uh, you said it. I didn't. But thank you.
    ;-)

    Also, I note that Ms. Hall is African-American. I don't know anything about the driver of the other car, but do you think that race could have been a factor?

    Thank you. People forget that Virginia is the south. Its present capital, Richmond, was once the capital of the Confederacy. This is not to say that states loyal to the Union during the Civil War don't have severe racism within their criminal justice systems. Sometimes their statistics on the matter are worse.

    Still, I've lived in Virginia before, Charlottesville, and attended an elitist boarding school for a time in Richmond. I've experienced racism, both subtle and flagrant in the state of Virginia. Given what I know about Virginia and its racial issues as well as what I know about disparities between the arrests, convictions, and sentences of African-Americans when compared to white Americans for similar infractions, the possibility that race played a factor in this case crossed my mind indeed.

    However, I didn't want to bring race into the "McMissile" case discussion because some people seem vehemently unwilling to consider that racism sometimes foils genuine justice in America. They seem only willing to discuss racism at work in the justice system if O.J. Simpson's acquittal is the subject. If I'd brought up race as a factor, such people may have no longer been able to look at the overall incongruities of this case, preferring to argue more about how race is not a factor. We might also be distracted from the excessive nature of the sentence by those who would deflect addressing racism at all in favor of how offended they are that race was even brought up. Some people falsely assume that anyone who brings up racism within the criminal justice system believes race can be used as an excuse for committing a crime.

    I faced such attitudes when I wrote about Sheriff Jack Strain down in Louisiana. Some people could not see how the Sheriff's comments and practices were racist. And even some people who thought he may be practicing racism thought that was okay because "the sheriff wanted to keep people safe." They don't see how "law and order" sometimes wears a white sheet.

    I think if I'd brought up Virginia's history, noted statistics about African-American sentences versus sentences for whites, some readers would've fallen into using negative phrases like "playing the race card," as though racism is always a figment of the imagination. Consequently, the real point, that this mother received an excessive punishment and the entire family suffers, would've been lost beneath people getting defensive about racism. And frankly sometimes I just don't have the energy for such debates.

    I think whether the perpetrator was black or white in this case, a two-year sentence was excessive, and that's where I wanted people to focus. But as you can see, your point's not lost on me. Perhaps those who ponder matters such as societal justice and racial disparities will consider what's been said. :-)

    "Love is liquid. Be drunkards!" ~~Nordette

    Submitted by Nordette on Wed, 02/21/2007 - 12:59
     

    Post Script

    For anyone interested, here's video on ABC about this story. Video

    Hope this link works for anyone who wants to view the video.

    "Love is liquid. Be drunkards!" ~~Nordette

    Submitted by Nordette on Wed, 02/21/2007 - 02:44
     

    our system/could have been me...

    You wrote, "On a practical note, I wouldn't want to pay taxes for this woman to be imprisoned on a technicality in the law, minimum sentence, while pedophiles, drug dealers, and rapists go free or serve little time based on technicalities, and frequently because they can afford a private attorney. I'd love to know if the prosecutor who brought the case is out to make a name for him or herself."

    I agree with you totally on this. Our justice system is sometimes a disgrace. A pedophile moved in next door. We cannot afford to move. When I called the local police station, they told me he's not a pedophile, he was just convicted of lewd and lascivious acts towards a minor. What is this world coming to?! He didn't serve any jail time, just 20 years probation. Yet, I remember a day where I could have been this mom. Kids in back acting like kids, me in a bad mood, lots of stress. Only the other driver got out of his car. I almost got out of mine. What stopped me? My kids began crying and begged me no drive off. Who knows, they may have saved my life. I read this story and cried, because I remember thinking, Lord, help. That person was not me. Or at least, not me on a normal day-to-day basis. I pray the judge decides to show some mercy. Ka'Lu

    Submitted by kalu on Wed, 02/21/2007 - 08:27
     

    That's crazy! I don't think

    That's crazy! I don't think she deserves two years in jail for throwing ice at someone. And I think the judge in this case can do a heck of a lot more to help this woman out.

    Submitted by Tanilan on Wed, 02/21/2007 - 08:53
     

    Tossing MickeyDee’s Cup of Ice at
    Driver Gets Mom Two Years Ja

    I am new to this but was so prompted by this article that I had to say something……This type of action in our society is what makes the world we live in today almost unbearable. Ever sense man began to drive we know that there will always be rude behavior behind the wheel...for that matter anywhere that more than one person tries to share a space, sad to say that seems to be human nature. However, it is how we react to this that can only make the world a better place. So you got cut off on the highway….big deal! Have you never accidentally cut someone off? I would find that hard to believe if you do any driving at all, and how would you feel if they threw something at you? These are the things you should think about before you react…as it is the way you react that is ultimately the important factor here, and the example you are setting for your children that are in the car with you, what are you teaching them? Your car...my car are personal property. Just like our homes, what if someone threw a cup an ice in the window of your home? It is an invasion. A 5 year old child should know better, a mother of 3 and wife of an United States Solider should have known better...regardless of her age or what is going on in her life. I have been upset driving, I have been cut off and I have at times been the cut “offee”, but never on purpose. I have lived through a lot of life's trails as I am sure we all have, but never, never, never would I dream of doing such a thing, it would never be an option, I have however cussed the person to myself in my car mostly because I have been startled or scared. Anytime someone throws something at you, driving or not it is an aggressive, violent action that should never be tolerated by our society, not on the highway or on a playground. If we all walked around thinking we did not have to answer for our actions no matter how trivial, then how much worse would the world be? She did the crime she does the time. Her family will survive just like all families who go through any kind of crisis and believe me I know there are worse things that happen to families and they survive. I have known women from all generations that were at home raising several children while their husbands were serving in one war or another; however, they did so with dignity.

    Submitted by MISSKITTY on Wed, 02/21/2007 - 09:26
     

    How about when woman began to drive?

    Her husband's status as a military person clearly has nothing to do with this, and neither does the fact that she is a mother, since neither did her any favors with a jury in one of the reddest states in the union, which is very interesting to me. We should all be judged equally, and this defied all common sense as well as humanity.

    This woman has repeatedly stated that she knows what she did was wrong, and a peek at the videos would tell anyone with operating intuition that one night in jail was enough to drive it home for her. Two years would have been 729 days too many, and I'm glad the judge had the sense to see that.

    Submitted by lauriewrites on Wed, 02/21/2007 - 10:31
     

    RE: How about when woman began to drive?

    When I referred to "when man" I consider "woman" to be a part of man kind (all things being equal right?). Also, I was not referring to the Juries verdict when I pointed out her behavior as a mother and the wife of a Solider. Good for the Jury for seeing past that and basing the punishment solely on the crime. The issues of pressures from her children being children, her husband overseas, dealing with the long drive, her expecting sister having contractions and so forth, was brought up by the perpetrator herself as part of her defense for her actions. Therefore those issues did have an impact on public opinion and makes them very much a part of this story. Admitted or not, sorry or not, her actions were then and will always be unacceptable and criminal. I have no doubt in my mind she is very sorry, and the time she has already spent in jail has been a lesson well learned, it does not however change the fact that we all make decisions everyday, based mostly on the kind of day we are having, most of us are not Saints however, some of us know there are laws and social aspects of life that do not permit certain actions. I am all for mercy, as no one was hurt (this time), appears to be a first offense, and her small children’s lives would also be affected….. Giving her probation will most likely be justice for all concerned….. After all that is the ultimate goal in our judicial system…. right?

    Submitted by MISSKITTY on Wed, 02/21/2007 - 15:17
     

    It got changed to probation.

    I've been following this story closely and here is the update: http://www.washingtonpost.com/wp-dyn/content/article/2007/02/21/AR200702...

    This happened on 495 very close to where I live. She should absolutely not have thrown the cup and I think that's clear, but a two-year jail sentence is ridiculous. The interview with the couple in the other car was quite illuminating for its...lack of illumination:
    http://www.washingtonpost.com/wp-dyn/content/article/2007/02/17/AR200702...

    People tailgate all the time around here, no police in sight. The roads are horrible and the traffic is a mess. I can't imagine throwing anything out the window (AT anyone, that is, and I hate littering period), but I'm not ashamed to admit that there are days when my temper gets the better of me. In a time when people do much worse things and get off on technicalities, or get ten years for rape and murder, two years for this, even though it was eventually changed, makes me want to cry.

    We have had ice here in the DC area for the past week. Pathologically lazy people have been driving around on the Beltway without clearing it off of the hoods and roofs of their cars, while hunched over their steering wheels to see through the picture frame that they've managed to cut out of the snow on the windshield. Sheets of ice have been flying off and shattering other drivers' windshields. This is reckless endangerment as well, and should be punished. But jail? Maybe a day, if I'm in a bad mood, but generally no.

    If there's a place I wouldn't want to get pulled over, as a woman regardless of color, it's Stafford County.

    LaurieWrites

    Submitted by lauriewrites on Wed, 02/21/2007 - 10:12
     

    Thanks for the links and I agree

    Thank you for the update link.

    A jury had recommended that Hall serve two years in prison, but the judge noted today that Hall has no criminal record and placed her on probation for the felony conviction.

    And as odd as it may seem, I think your comment about littering is on point too.

    (... and I hate littering period)

    You know, that's the next thing I thought after I considered that the cup of ice really could've caused an accident. Don't litter. Sounds funny in the context of something so serious, but not littering is a small thing that shows you're concerned about the world beyond yourself. A mindset that prevents you from committing a "small" crime probably keeps you from committing bigger crimes to a certain degree. However, this woman has anger issues and may have done it even if she didn't normally litter.

    Also, even though most of us can relate to being angry in traffic and angered by other people's actions, no one who supports civility would agree that throwing a cup of ice, or anything else for that matter, at another driver is right and acceptable behavior. However, I am bothered by the people who think two years in jail is justice for this crime. I feel that they aren't thinking of the whole picture.

    You said a day in jail might be enough. Possibly that's true. People seem to overlook that she'd already served more than a month awaiting trial.

    I also think people aren't considering what it means to have a felony conviction. Should she ever decide to work outside the home again, that felony conviction may cause her problems and make it difficult for her to find a decent job at a reasonable wage. The family already has trouble making ends meet and so it uses food stamps.

    I suspect some of the same people who are rationalizing the two-year sentence as a form of being tough on crime are the same ones who would condemn this woman later if she found herself without her soldier husband's income and couldn't support her children and ended up fully on welfare. They'd forget how it came to be that the former soccer mom had a felony conviction in the first place and say things like, "Well, she's a felon. She must be a criminal. She gets what she deserves and so do her children." They'd be the ones complaining about "another black welfare mother," because they assume everyone without a job can find one at a reasonable wage. It's true that some employers will consider the nature of a felony conviction, but for many others it's an automatic "no hire."

    Just as this woman should consider her actions, and be accountable, society must consider its actions when it metes out excessive punishment and unnecessarily stigmatizes and limits the income potential of families. How will the harsh judgment impact this woman and her family in the long run? Like littering, excessive punishment affects the whole.

    But it's good to know the judge, who probably by law had to let the felony conviction stand, didn't inflict more pain by adding jail time.

    "For what measures ye mete out, so shall be meted out to you." ... Bible quote.
    "Justice in the extreme is often unjust." ... Jean Racine, French Playwright
    "Love is liquid. Be drunkards!" ~~Nordette

    Submitted by Nordette on Wed, 02/21/2007 - 11:16
     

    MickeyDee's Cup of Ice

    I think it is insane this woman could get two years in jail. I think the punishment should fit the crime. She should have community service at most. If she had hurt someone, then you give more of a harsh punishment. I do believe there should be a punishment, so people think twice before they act on the road, however, we have all been there. She reacted to having her life put in danger - which was someone driving irratically and cutting her off, not once, but twice! Did the driver of that car get punished for putting her in harm's way with behavior that was inappropriate? That is all Ms. Hall did with her behavior of throwing the ice. So she is being punished for doing something that might have hurt someone, although it did not. In my opinion the driver of the other car did that, as well! I think someone should start a nationwide petition for this poor woman, and get her out of this terrible hole that has been dug to make an example out of her. I would sign it and make sure everyone in my family did, also!

    Submitted by NingaBabies on Wed, 02/21/2007 - 11:50
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