/ David Pescovitz / 1:37 pm Thu Oct 13, 2011

Seattle superhero not prosecuted

Seattle prosecutors decided not to press charges against Seattle superhero Phoenix Jones. As I posted yesterday, Jones was arrested over the weekend for allegedly pepper spraying a group of people. His "spokesman" says he was attempting to break up a fight. From CNN:

Superheeeeee "If you see something that warrants calling 911, call 911. You don't need to dress up in a costume to do that," police spokesman Mark Jamieson said.

In court Thursday, Fodor arrived wearing a hood, which a judge's assistant asked him to remove. When told that charges had not been filed against him, Fodor put the rubber hood back on and exited the court with a swarm of media cameras following him.

Outside the courthouse, Fodor told reporters he would continue his anti-crime patrols.

"In addition to being Phoenix Jones, I am also Ben Fodor, a father and brother," he said, removing his hood. "I am just like everybody else. The only difference is that I try to stop crime."

"Seattle superhero dodges assault charges"

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  1. “”In addition to being Phoenix Jones, I am also Ben Fodor, a father and brother,” he said, removing his hood”

    Rule Number One of Being a Superhero: Never, ever, reveal your secret identity.

  2. I’m sure Phoenix’s kid appreciates the fact that dad wants to go out and play hero instead of being an adult father figure. We all know it does wonders for the psyche when one’s parents reject them in favor of something or someone else.

    1. Yeah, because going out at night when his kid is, y’know, asleep, to stop those who may make life dangerous for him in the future, that’s TOTALLY awful of him and neglectful.

    2. Yes, most kids definitely wouldn’t be happy to find out their parents are masked crime fighters. I understand they buy comic books to remind themselves how great life as an ordinary citizen is.

    3. Wow, project much? I don’t know what kind of issues you’ve got to work out, but you sure pulled that “reject them” thing out of thin air.

    4. I’m sure you don’t know Ben Fodor, or his family, and as such have NO IDEA what his parenting situation is like.

    5. Why can’t Phoenix can’t be both?  Do you know for sure he isn’t a great father figure? Personally, I would have loved if my father was a hero who helped others instead of a boring washed up nobody.

    6. Or perhaps he’ll be happy that Dada is trying to make the world a better place?

      No boy would be sad that his dad was a superhero.

      1. “No boy would be sad that his dad was a superhero.”

        Unless dad was The Hulk, and the kid inherited the looks but not the athletic prowess.

  4. Neat! I knew that Seattle police could assault people without facing repercussions, but I didn’t know that privilege extended to costumed citizens as well.  I should plan a weekend in Seattle where I just go all Fight Club on randoms I pass in the streets — really work out some aggression without fear of jailtime.

    1. I’m guessing Phoenix Jones hasn’t read Watchmen yet… and if he has I guess he just didn’t catch the moral of the story…

  8. On a slightly more serious note… I sort of agree with him.  Crime starts in our neighborhoods and our homes.  It’s our job to stop it there before it comes to police confrontation.  The police cannot “fix” crime.  The more we believe they can, the more we move toward police-state.

  9. And his newly formed archnemesis just learned his biggest weakness. Way to go Ben. Did you name your kid Jason Todd Fodor?

  10. If you get past the fact that there’s a little dress-up involved, what he’s doing is great!  If a bunch of dicks started a fight with me that i couldn’t handle or was getting mugged, I’d want other people trying to break it up.  Most of us don’t have the balls to do what he does so we mock him for wearing a mask.  The police are there to catch criminals, not stop them.  But on a rare occasion, they do stop them.

  11. “In addition to being Phoenix Jones, I am also Ben Fodor, a father and brother,” he said, removing his hood. “I am just like everybody else. The only difference is that I try to stop crime.”

    “Well… that and my latex fetish…”

  12. I think that what RJ was getting at is that Fodor isn’t spending time with his kid when he’s spending time on patrol, and if he’s really spending enough time on patrol to catch people in the commission of a crime, he’s spending a lot of time on patrol. (No, I don’t know what his family situation is like, either, but I feel pretty confident in saying that, having spent my share of time walking through some pretty dicey neighborhoods and generally not having witnessed crimes in progress.) Plus, there’s the risk that Fodor won’t be around to see his son grow up; check out this article in which we find out that the big, professional MMA fighter was put in the hospital because he was pissing blood after being attacked by people wielding a baseball bat and a car key.  If he keeps it up, he’s going to run across someone with a gun or even just a decent-sized knife, and then his internet cheerleading squad can explain to his son at his funeral why they egged him on.

    And for what? Was there any real indication that the “fight” that he interrupted was in any real danger of going ballistic? Who hasn’t seen a couple of drunks get into a shoving match that went nowhere? Hell, I’ve been in one or two myself that caused no injuries or property damage and that I and the other person studiously avoided mentioning the next day. I’d say that the last thing that we needed was some guy in a rubber Mexican wrestling outfit stepping up and pepper-spraying us. This guy strikes me more as a solution in search of a problem, and not a great solution at that. Seriously, folks, read your Watchmen again and pay attention to Hollis Mason’s autobiography at the end of the first few chapters in particular. 

  13. So I think everyone is in agreement that the issue is the suit, right?  The fact that he puts on a mask designed to look like a comic book character is what turns his actions from good samaritan into psychosis.

  14. His intentions seem admirable.  If it weren’t for the mask and rubber suit, wouldn’t we call him a Good Samaritan?  I just wonder when wearing a costume made someone “super”.  He’s a Masked Vigilante,  so let’s call him that.  I think it gives him more credence than being compared to things that do not exist outside of fiction.  Hopefully his inspiration comes from Batman and Rorschach, not Green Lantern and Spawn. 

    1. Wait.  You want him to take inspiration from _Rorschach_?  I love Rorschach as a fictional character, but a role model he is not.

      1. “Wait.  You want him to take inspiration from _Rorschach_?  I love Rorschach as a fictional character, but a role model he is not.”

        Rorschach may not be a role model to you and me, but for someone who feels compelled to put on a mask and seek out crimes being committed, he is perfect.  He is a role model because he makes mistakes, he is over zealous, but his intentions come from a good place.  A “perfect” crime fighter isn’t much use as a guide, because it’s their mistakes one hopes to learn from, so one doesn’t have to make them also.

        Phoenix Jones isn’t a cop.  Ask most cops to do what they do for free (and anonymously) they’ll tell you to go fuck yourself.  There is a very different kind of psychology underlying what compels Phoenix to do this sort of thing.  Rorschach is a guide to both the admirable and the detestable sides to such an endeavor.

        1. Rorschach may not be a role model to you and me, but for someone who feels compelled to put on a mask and seek out crimes being committed, he is perfect.

          Crimes like homosexuality, for example.

  15. OK.  Here is my take on this.  There are other countries where there are individuals who protect their communities with the support of the government while not being police (England is one) and we even have volunteers here in the US.  They recognize that the police can’t be everywhere and the police can’t know the neighborhoods as well as someone who lives there.  What do you do if the police don’t give a care about your neighborhood?  What about if the police don’t come running when a crime is committed. If there is someone willing to fight for those who can’t protect themselves where does the harm out way the benefits?  If there are 3 guys beating you the odds are good the police don’t visit there often and bystanders would rather watch than help wouldn’t you want someone to rescue you?  It requires caution though. In Phoenix’s case the attackers pressed charges and that was their right to do so.  Even if someone attacks you and you fight back they can still sue you if they get hurt.  It’s happened to me once.

    1. If Fodor wanted to join or even organize a neighborhood watch or volunteer patrol, great–I’m sure that there are plenty of such organizations that would love to have a pro MMA fighter in their ranks. But then he wouldn’t get the attention that he seems to thrive on. I strongly suggest reading the GQ article that I linked to above; for another perspective, here’s a comment in a MetaFilter thread from someone who’s acquainted with Fodor and his buddies that makes them sound like the guys from Mystery Men, only not as cute.

  17. The clock is ticking ’til the first one dies. That is one thing. And the moment one of these motherf**kers will try to stop me smoking my well deserved after work joint, that i do once in a while, i’ll get pissed to. Even hardcore. Don’t just think of the Watchmen… Rember the G.Ennis Punisher. The first volume from him. Where these christian and yuppie vigilantes follow in his footsteps. Next second we’ll have Bill-O-Reilly-Boy and Condell-Man tasering science teachers…

  18. Seattle prosecutors decided not to press charges against Seattle superhero Phoenix Jones

    Turns out the people he pepper sprayed were douchebags who probably deserved it.

  19. Why is “spokesman” in quotes?

    It’s not much surprise he isn’t being prosecuted if you have watched the video of the incident. It’s clear the cops fucked up badly that night. The more interesting question is whether any of the other people involved will be prosecuted. The video clearly shows multiple people engaging in assault, as well as a hit and run that appears to be attempted homicide. 

  21. For a superhero he has a pretty long criminal record including quite a few non-heroism-related infractions. Mostly traffic-related stuff, but still— you wouldn’t see Bruce Wayne driving on a suspended license. (Tony Stark, maybe…)

    1. I sorta remember Batman committing all sorts of traffic violations.  If he every got arrested for any of those his list would be much much much longer. :-)

      1. Depends on which Batman. I remember an episode of the Adam West version where they explicitly stated that he was only able to fire up that afterburner for high-speed emergencies because he was a deputized officer of the law in Gotham. Also, in another episode he was fully prepared to submit himself to the authority of a police officer who wanted to cite him for illegally parking the Batmobile in a loading zone even though the only reason it was there was because a supervillain had stolen it earlier that day.

        1. Buuuut… As some of us lesser nerds may know, Adam West Batman, is not canonical so therefore not “the real Batman”.

          Sorry I had to do it.

          1. Buuuut… As some of us lesser nerds may know, Adam West Batman, is not canonical so therefore not “the real Batman”.

            What are you talking about?! As far as I’m concerned, the Adam West Batman is the only canonical batman. The rest is just silly comic books or Hollywood excess.

            There is more entertainment packed into one episode than the rest of the franchise combined!

          2. Well technically we’re both a little wrong. Since around the 80s DC decided that neither “Earth-1” (pre-1964 Batman) nor “Earth-2” (Adam West/post 1964 Batman) are the real Batman and made the current one out of combining parts of the history from both.

            That being said my perception of Batman is from the first movie I saw which was the 1989 Burton Batman. I was 4 and it was the coolest thing I’d ever saw. But basically our view of the real Batman comes from the version of which one you grew up with and loved.

          3. That being said my perception of Batman is from the first movie I saw which was the 1989 Burton Batman. I was 4 and it was the coolest thing I’d ever saw. But basically our view of the real Batman comes from the version of which one you grew up with and loved.

            Absolutely. I can remember watching re-runs of Adam West when I was a kid, and I loved it… which is a bit surprising, because I’m sure a lot of the humor was lost on pre-teen me.

          4. I, on the other hand, watched Adam West and Burt Ward in their first run and mailed in a box top from some detergent to get a free Batman tee-shirt.  And I’m sure that I didn’t get any of the humor.  We were more innocent then.

          5. We were more innocent then.

            That’s probably how they got away with a show featuring a protagonist who keeps a pants-less boy in a cave.

          6. Adam West Batman, is not canonical so therefore not “the real Batman”.

            How dare you sir. Adam West is not only the real Batman, he is the only true superhero of our age. All these wanna-bes with their fancy body armor and pepper spray and mixed martial arts training… pshaw. How many of them would rather take a “THWACKK” to the face from a colorfully-dressed minion than utter a swear word? Did any of them ever woo Eartha Kitt? Can they dance the Batusi? I thought not.

          7. But Adam West Batman also has repellent spray for everything, probably even pepper spray, but it would be titled “Bat Human Repellent”

            Remember when he sprayed that rubber shark and it exploded right after letting go of his leg? Or when he was saved by the almost human porpoise? 

          8. But Adam West Batman also has repellent spray for everything, probably even pepper spray, but it would be titled “Bat Human Repellent”

            And those little touches are what make all the difference. It’s called “finesse.”

            (Or in his case, “Bat-finesse.”)

  22. “In court Thursday, Fodor arrived wearing a hood, which a judge’s assistant asked him to remove. ”

    I hope his next words were “No! My face! Give it back!”

  23. On the other hand, really, what are the options these days for a fella who feels a calling to defend his community? You can join the armed forces and be sent to go invade the wrong goddamn country. You can join the police and be sent to go round up peaceful protesters.

    That mask must almost start looking good after a while.

  24. Something to keep in mind: in Seattle, police response time is frighteningly variable.  If you’re on Capitol Hill, sometimes they show up within literal seconds of a 911 call.   Same with downtown.  But you go three blocks in either direction, and they may not show up at all.  I have literally watched an open air drug market not four blocks from a half dozen cop cars just hanging out. 
    That, and the SPD has a history of overreacting. Like, say, shooting Native American woodcarvers in the back or beating teenage girls half to death in a cell. 
    Watching the video, I can say (as someone who worked as a bouncer for a few years) that those idiots were beating the crap out of somebody.  Phoenix Jones broke it up, and never acted aggressively unless he was charged.  The idiots, on the other hand, hit someone with a car.  That, right there, is vehicular assault and nothing to joke about. 
    I think he’s a bit mental, but then, I don’t see anyone else trying to pick up the slack.

  25. Interestingly enough, the only witnesses that the persecutor (not a typo) could find that said that there was no fight, were the people fighting. Case dropped.

  26. Pepper spray is a chemical weapon. It is illegal for one soldier to spray another soldier with pepper spray under the Geneva Conventions. Totally unacceptable to use it in any case, even if you are a cop.

    If this guy pepper-sprayed me, I would cut his f’ing head off. I hope the reason charges were not pressed against him is the people he sprayed plan to go vigilante on him.

    This isn’t funny, and it isn’t cool.

    1. You don’t really make yourself look like the grown-up in the room by suggesting murder as a proportional response to pepper spray.

    3. Opting to run around playing “super hero” instead of staying home to keep his family safe makes me question his priorities, but he’s hardly deserving of mortal injury.

      I’m guessing ol’ Johnny here did something to earn a face-full of pepper spray at some point in his life, possibly from a cop or maybe that bitch who was dressed like she wanted it. Is that it, JohnDoey?

    4. That it is arguable that pepper spray is forbidden under the laws of war is a flaw in the Geneva Convention, not in the pepper spray.

      Or, more bluntly, when you remove a peace officer’s nonlethal weapons, he’s going to fall back on the lethal one.

  29. His intentions appear laudable and cute at first glance, but the super hero suit reveals an adolescent, comic book mind.  This is not a Halloween dress up for fun!  He’s out there pepper spraying people he BELIEVES are committing crimes.  He is NOT a trained law enforcement professional- hence this is a prescription for disaster.

    1. Please SPD is a bunch of thugs. I am still bitter for them arresting and beating random people in November 30 1999 during the WTO protests. Fuckers took their badges attacked anyone in the towndown area including people trying to get home from work.

      1. Be that as it may,  it doesn’t make what this guys does legal or sane and don’t start enumerating injustices as it doesn’t apply in this case.  Try some pragmatism before  venting your hostility.

  33. Wait, it looks like one of the guys in the fight that he broke up was an ICP Juggalo? Is that right?

    Do these guys actually exist?

    It just seems weird that he went up against a guy who looks like one of Joker’s henchmen…

  34. The “real” cops are too busy setting up bait cars (cars with keys in the ignition, with hidden video cameras if you take it for a joyride) or wide open grocery bags with expensive items in them in the middle of a park.  Because we need to lock up people who have a temporary lapse in conscience or judgment instead of tracking down people that are committing real crimes!

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