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Thread: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

  1. #801
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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    [quote author=Clockworx link=topic=12877.msg1426205#msg1426205 date=1256499792]
    You tell them girlfriend.

    BTW in case you missed Mike's post in the WTF Looking People thread, this is the dude you are all arguing with so you see the pointless aspect of it.


    [/quote]Yeah, i did see that.  i got lulz over his big pimpin abilities.  :lol:

    Naw, this thread has gotten lame because if your mean to munck then your an ass, if your nice to him, your an ass.  different people chime in and it starts all over again. i read it every now and then but then it gets to where people are arguing again and i give up.  it's just soo way off base it seems. 

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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help

    [quote author=White trash bitchy blonde link=topic=12877.msg1426214#msg1426214 date=1256500887]
    Yeah, i did see that.  i got lulz over his big pimpin abilities.  :lol:

    Naw, this thread has gotten lame because if your mean to munck then your an ass, if your nice to him, your an ass.  different people chime in and it starts all over again. i read it every now and then but then it gets to where people are arguing again and i give up.  it's just soo way off base it seems. 
    [/quote]

    :lol:

    Very true.

  3. #803
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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    i don't see what's confusing about this.. if you don't like munck, don't post in his thread. People keep sidetracking it and they're basically ruining it. there are a few threads on MDS that i don't like, so i simply stay out of them. Therefore it makes it hard for me to understand why people insist on saying "munck is stupid!" and "i am entitled to my own opinion"..blah blah blah just shutup and go read/post in another thread.

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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    [quote author=Crewsinn link=topic=12877.msg1426539#msg1426539 date=1256525396]
    i don't see what's confusing about this.. if you don't like munck, don't post in his thread. People keep sidetracking it and they're basically ruining it. there are a few threads on MDS that i don't like, so i simply stay out of them. Therefore it makes it hard for me to understand why people insist on saying "munck is stupid!" and "i am entitled to my own opinion"..blah blah blah just shutup and go read/post in another thread.
    [/quote]well to be fair, everyone has a right their opinion.  Yeah, its lame to call him names and all but its a knee jerk reaction to a person who was involved in someone's death.  and that someone also happens to be a 12 year old boy.  What shawn did after it happened, is suspicious and odd IMO.  Everyone has their points to make, its just members fighting over who is right and who isnt.  I could have said a whole lot regarding this thread and what happened when this kid died but really, none of us were there.  I dont have sympathy for shawn in the least, not because of what he did, but the way he comes off in his posts, but some would say he comes off that way because he was heckled and i agree with that to a point as well. 


  5. #805
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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    I disagree WTBB. It's the name calling that is ridiculous and side tracking the thread. It might be 'knee jerk' once but over and over again, I don't think so. The name calling adds nothing even to their opinions.
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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help

    I was unaware that this was the Fans of Shawn Munck thread and not the RIP Peter Munck thread.

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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help

    [quote author=bowieluva link=topic=12877.msg1426553#msg1426553 date=1256526601]
    I was unaware that this was the Fans of Shawn Munck thread and not the RIP Peter Munck thread.
    [/quote]
    It's clearly about Shawn as per the title of the thread.
    Quote Originally Posted by beli View Post
    kim kardashian - made famous for having a sex tape, should die in a fire
    Quote Originally Posted by McMama View Post
    Have you ever walked into a mall, sat on God's lap, and had your picture taken?

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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    [quote author=deeply shaded link=topic=12877.msg1426554#msg1426554 date=1256526663]
    It's clearly about Shawn as per the title of the thread.
    [/quote]
    aaannnndddd....with that.  Why isnt this thread in myspace criminals?

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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help

    [quote author=deeply shaded link=topic=12877.msg1426554#msg1426554 date=1256526663]
    It's clearly about Shawn as per the title of the thread.
    [/quote]
    I should have clarified that most of my sarcasm was being elicited by the 'if you don't like Shawn, don't post in this thread' ludicrousness.

  10. #810
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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    [quote author=berryblu link=topic=12877.msg1426565#msg1426565 date=1256527624]
    aaannnndddd....with that.  Why isnt this thread in myspace criminals?
    [/quote]

    Murderers/people who cause others to die go in the death threads and can have articles made

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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    [quote author=deeply shaded link=topic=12877.msg1426552#msg1426552 date=1256526548]
    I disagree WTBB. It's the name calling that is ridiculous and side tracking the thread. It might be 'knee jerk' once but over and over again, I don't think so. The name calling adds nothing even to their opinions.
    [/quote]DON'T EVER DISAGREE WITH ME OR ILL CALL THE FBI!  I MEANS IT!

    Naw, i think that some people *clox* did take it too far and all, i can see why people asked the questions they did though, and i can see where some people are thinking 'waitaminute' this dude is posting in this thread about his dead brother' and felt angry and wanted to attack on the spot.  I kinda get that.  I get all sides of it really, but yeah, the same shit posting is redonkulous.  I got after someone because i felt like they were egging on clox when he needed to be shushed and once i did, i got ribbed over it.  im on the fence. 

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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    [quote author=Olivia link=topic=12877.msg1426577#msg1426577 date=1256528145]
    Murderers/people who cause others to die go in the death threads and can have articles made
    [/quote]

    Understood.  Thank you!

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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    [quote author=White trash bitchy blonde link=topic=12877.msg1426578#msg1426578 date=1256528290]
    DON'T EVER DISAGREE WITH ME OR ILL CALL THE FBI!  I MEANS IT!

    Naw, i think that some people *clox* did take it too far and all, i can see why people asked the questions they did though, and i can see where some people are thinking 'waitaminute' this dude is posting in this thread about his dead brother' and felt angry and wanted to attack on the spot.  I kinda get that.  I get all sides of it really, but yeah, the same shit posting is redonkulous.  I got after someone because i felt like they were egging on clox when he needed to be shushed and once i did, i got ribbed over it.  im on the fence. 
    [/quote]


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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    I'm not playing in here anymore 'cause I don't want to have to argue with people I like.  :-P  Sadly, I must admit I'm even starting to like clock.
    Quote Originally Posted by beli View Post
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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    [quote author=deeply shaded link=topic=12877.msg1426602#msg1426602 date=1256530621]
    I'm not playing in here anymore 'cause I don't want to have to argue with people I like.  :-P  Sadly, I must admit I'm even starting to like clock.
    [/quote]

    Awww thanks  :oops:

    For real though this thread is played out and after the back and forth PMS rant i went on with Munck last week im retiring my jersey when it comes to Munck bashing unless he speaks my name.

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    Re: Shawn Munck (22) allegedly killed his 12 year old brother and asked for help on Myspace

    [quote author=deeply shaded link=topic=12877.msg1426602#msg1426602 date=1256530621]
    I'm not playing in here anymore 'cause I don't want to have to argue with people I like.  :-P  Sadly, I must admit I'm even starting to like clock.
    [/quote]Im not arguing with you.  I love you lots.  Like lotsa lots.  I promise!  :kiss3:

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    Senior Member Hayalet's Avatar
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    This update is a little late to the party but i forgot to post it. Shawn got his conviction overturned in December
    http://newsandinsight.thomsonreuters...r_wins_appeal/

    But before that, last Aug, he ended up back in jail for attacking his father with a sword.
    http://www.wbng.com/news/local/Assau...126793403.html

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    Wow what a great guy...

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    Quote Originally Posted by Hayalet View Post
    This update is a little late to the party but i forgot to post it. Shawn got his conviction overturned in December
    http://newsandinsight.thomsonreuters...r_wins_appeal/

    But before that, last Aug, he ended up back in jail for attacking his father with a sword.
    http://www.wbng.com/news/local/Assau...126793403.html
    In re of his appeal: http://newsandinsight.thomsonreuters...r_wins_appeal/

    Man convicted of killing brother wins appeal

    12/29/2011 COMMENTS (0)

    ALBANY, N.Y., Dec 29 (Reuters) - A state appeals court has overturned the conviction of a man accused of accidentally killing his 12-year-old brother and then failing to tell anyone about the death for two days.

    In a 3-2 ruling, the Appellate Division, Third Department, held that the jury should have been instructed that Shawn Munck could only be guilty of criminally negligent homicide if he had a legal duty to obtain medical care for his brother, Peter. The 12-year-old died of internal bleeding several hours after Munck knocked him down and stepped on his abdomen. Munck -- who was not his brother's legal guardian -- never reported Peter's death, which was discovered by a relative two days later.

    "The jury was left to speculate or to assume that the defendant had a duty to his brother when the jury should have been instructed to examine all of the facts and circumstances under the proper standard," Justice Edward Spain wrote for the majority.

    On Feb. 12, 2008, Munck, then 22, was caring for Peter while their grandmother--the boys' legal guardian--was in the hospital. According to the testimony of a friend, Joe Menard, the brothers were "horseplay(ing)" as Munck tried to get Peter to go to bed. Munck, who was wearing hiking boots, told police that he pressed his foot into Peter's abdomen for 30 to 60 seconds. Menard said that both brothers were laughing at the time and that Peter did not appear to be in pain.

    Later that evening, Peter awoke screaming. Munck subsequently told police that he thought Peter was hurt, but was afraid to call for help. The next morning, Munck went to check on Peter after he heard him screaming loudly. He found him sweating and "rolling in bed from side to side." Hours later, Munck found Peter dead. But according to the ruling, he didn't tell anyone, and it wasn't until Feb. 15 that their great-aunt discovered the death.


    'IN THE INTEREST OF JUSTICE'

    Munck was acquitted of second-degree manslaughter and second-degree assault, but convicted of criminally negligent homicide and sentenced to time served and probation.

    On appeal, Munck argued that since he was not Peter's legal guardian, he could only be convicted of criminal negligence for failing to obtain medical care if he had a legal duty to seek help for his brother under the doctrine of in loco parentis, which refers to the legal obligations of a person who is "acting in the place" of a parent. He argued that the trial court's failure to properly instruct the jury on this issue constituted reversible error.

    The Third Department agreed that the conviction must be reversed "in the interest of justice."

    Because of the lack of instruction, the jury did not have the opportunity to decide whether Munck intended to act as his brother's guardian, and "the proof would support the conclusion that (he) was an immature unemployed 22-year-old ... who exercised only minimal care and supervision of his brother, and was totally unprepared to take on the responsibilities thrust upon him," Spain wrote.

    Justices Bernard Malone and Michael Kavanagh rounded out the panel.

    In dissent, Acting Presiding Justice Thomas Mercure noted that the law in the area of loco parentis is a "civil concept that has been incorporated into criminal law, and the latter element has not heretofore been required to be proved separately in the criminal context."

    "The legal standard (of in loco parentis) presented here involves a body of law that is still developing, yet the majority's extensive discussion of that standard is insulated from review by (the Court of Appeals) because the majority is reversing as a matter of discretion," Mercure wrote in a dissent joined by Justice William McCarthy.

    Munck's appellate attorney, Teresa Mulliken, said the lack of jury instruction was likely a "pivotal" factor that led to her client's conviction.

    "The assumption during trial was (Munck) did have a duty to report the child was in trouble, but the appeals court found there was evidence that he did not," Mulliken said.

    The Broome County District Attorney's office did not return a call seeking comment.

    The case is People v. Shawn Munck, New York State Supreme Court, Appellate Division, Third Department, No. 103128.

    I read this whole entire thread, crazy to do so with all the arguing back and forth, I never doubted that it was Shawn all along. I did believe his timeline until this latest update.

    TO: SHAWN (If you ever come back) Why does the timeline in your case not fit the timeline you have told all of us in this thread? The timeline stated in the appeal is what you told authorities correct? Why different?? So you did leave him for 3 days...


    Also: Where is Shawn today?? http://www.wbng.com/news/local/Assau...126793403.html


    Shawn Munck Back In Jail

    By Bryan Mercer
    By Alice Maggiore

    Shawn Munck Back In Jail
    Related:

    * Munck Conviction Set Aside

    August 4, 2011 Updated Aug 5, 2011 at 12:01 PM EDT

    Johnson City, NY (WBNG Binghamton) A Johnson City man charged with assault for attacking his dad with a sword is the same man who was convicted of criminally negligent homicide two years ago.

    Shawn Munck, 25 is currently in the Broome County jail.

    *

    WBNG E-News - Sign Up For Our Newsletter!

    He is charged with assault and criminal possession of a weapon following a domestic incident Wednesday evening.

    Police say he assaulted his father with a sword at their Grand Avenue home.

    Munck was also arrested in February of 2008, after his 12-year-old brother, Peter was found dead in their grandmother's home on Hastings Ave in the Town of Union.

    Shawn told police he stepped on his brother's stomach to pin him down.

    In his trial, the prosecution said Shawn did not seek medical attention or report the death.

    A jury found him guilty of criminally negligent homicide, but charges of manslaughter, assault and murder were dropped.

    Munck was sentenced to time served - 1 year and a half - and 5 years probation for Peter's death.

    Following Wednesday's incident, Munck's father - who has not been identified - was taken to Wilson Hospital for treatment.

    http://www.wicz.com/news2005/viewarticle.asp?a=22247
    Munck Pleads Guilty

    2/23/2012 (Updated 7:08:19 PM)
    An Endwell man once convicted in the death of his brother pleas guilty today to assaulting his father with a sword.
    Shawn Munck pleaded to a reduced second-degree assault charge stemming from an incident in August of last year. Back in 2009 Munck was sentenced to 5 years probation after being convicted of criminally negligent homicide, in the death of his 12-year-old brother Peter. Later, a State Appeals Court reversed that decision.
    In court today, Munck admitted he attacked his father with a sword after his father brought up the death of his brother. Since Munck's conviction in the death of his brother was overturned he was considered a first-time offender, so he was able to plea guilty to a lesser charge.
    "It was not a second felony offender, it wouldn't be a violent offense so with the mitigating circumstances involved with the case, the fact that it still involved family, there was an understanding that there were some issues there that caused this to be reduced," Munck's attorney Patrick Kilker said.
    According to Kilker, he will be sentenced on April 3rd and likely be released for time already served. He has been in Broome County jail awaiting trial.

    WOW IT IS LOOKING LIKE HE HAS GOTTEN LUCKY IN HIS LEGAL TROUBLES.

    Sentencing in sword attack

    By: Web Staff

    A Johnson City man was sentenced Tuesday in a sword attack that put his father in the hospital. Shawn Munck received one year in Broome County Jail for the assault conviction.

    BROOME COUNTY, N.Y. -- A Johnson City man was sentenced Tuesday in a sword attack that put his father in the hospital. Shawn Munck received one year in Broome County Jail for the assault conviction.

    Back in August, police said Munck attacked his father with a sword at a home on Grand Avenue. Munck already served eight months in jail since his arrest. That will be credited toward his sentence, and his attorney said he expects Munck will be released early due to good behavior.

    At the time of the attack, Munck was on probation in connection with the death of his little brother. He was convicted in 2009 of criminally negligent homicide, after stepping on his 12-year-old sibling's stomach, trying to pin him down, and then not getting help when the boy stopped breathing.

    That conviction was overturned in December, but it's not clear if the case will be re-presented to a new grand jury.

    I like to be kissed Australian style... down under

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    he has the luck of the Lohan.
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