Corona Daily 061: If I Have It, You Have It

Shane Michael, 42, a married man with six children is a resident of Des Moines, capital of Iowa, North America.

On 11 November 2020, he had gone to an eyewear shop to buy a new pair of spectacles. A stranger in the shop approached Shane and said, “Can you pull your mask over your nose?” The CDC guidance on correct mask-wearing requires Americans to put the mask over their nose and mouth and secure it under their chin.

Shane, enraged by this nosey stranger, exchanged words with him. A few minutes later they met in the parking lot.

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From here on, the version of events differs. The name of the other guy was Mark Dinning.  Shane didn’t know it. (After all that happened later, he will never forget that name).

Mark Dinning told police that Shane followed him out of the eyewear shop, and began assaulting him. Both men fell to the ground, with Shane on top. Shane’s left arm hit Mark’s left eye hard, and Mark instinctively bit that arm. In response, Shane hit Mark’s private parts with his knees. Then Shane took down his mask, coughed in Mark’s face, spat on him and said, “If I have it, you have it.”

These are the details in the police report that Mark Dinning filed.

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Shane told the police it was Mark who began the fight. When Shane walked to his car, Mark nudged him and poked his thumb into his stomach. He said he was holding Mark down on the ground in self-defense. Dennis Michael, Shane’s father, said his son has asthma and he was not going to cover his nose and mouth because he can’t breathe.

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Multiple witnesses at the scene of the fight told police Shane was the aggressor. An employee in the eyeware shop described him as a problem. Photo of Mark Dinning’s face, red and badly swollen, and his swollen left eye shut was offered as an exhibit to the court. The following day, Mark had described on his Facebook wall how he had nearly lost his eye.

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Shane was arrested and charged. In February, the prosecutors offered a plea deal. Shane should enter a plea accepting his willful act causing bodily injury. This gets classified as a class D felony. In exchange, the prosecutors would request the court a deferred judgment with Shane on probation for two years.

Shane Michael refused that offer, saying he would prefer to argue the case to a jury. Prosecutors upgraded the charge to an act causing serious injury, a class C felony.

The jury unanimously found Shane guilty. Last week, on 9 June, he was sentenced to 10 years in prison. This particular offence carries a mandatory 10 years sentence, which the judge doesn’t have discretion to reduce once a jury convicts a person.

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Shane’s father said the sentence was not fair. It’s like the other man got a black eye in a bar fight, and now his son will be in prison for ten years. He also complained there was no mask mandate in the state, the source of the fight. Here his son was rather unfortunate. The Iowa governor had issued a mask mandate on 10 November, only one day before the fight.

Shane’s wife, Becky, said they have six children, and she is not sure how she will get by with her husband in prison. “He is my rock, he is my protector. I am lost without him.” She said.

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Out of all the mask-related cases, this case was given the longest sentence.

The lessons from the case: Wear your mask properly if it is a legal requirement in your area. If a stranger points out that the mask should cover your nose rather than chin, politely accept the criticism and pull the mask up immediately. If your instinct gets the better of you and you assault a stranger, accept your guilt, be remorseful, and accept whatever plea the prosecution offers. Also, the more children you have, the more responsible your behavior should be.

Ravi