Ronald Ebens
Encyclopedia
Ronald Madis Ebens, with his stepson, Michael Nitz, as an accomplice
, fatally beat Vincent Chin
, a Chinese American
, on June 23, 1982. This led to a federal indictment for violating Vincent Chin's civil rights, but only after public outrage at the probation
ary sentence and small fine imposed by Michigan Third Circuit Court
Judge Charles Kaufman
. This sentence could not be reversed due to the Fifth Amendment
of the U.S. Constitution, which prohibits double jeopardy
.
. He served 2 & 1/2 years in Army Air Defense School. On August 25, 1965, Ebens started work at Chrysler Corporation's plant in Belvidere, Illinois
, and promoted to salaried trim foreman on November 8, 1965. He married Juanita Ebens in 1971, his second marriage after a brief marriage at the age of 18.
His work with Chrysler brought him to Detroit, Michigan
, where he owned a bar
, Ron's Place, located on Van Dyke Avenue during the 1970s. In 1982, he was a superintendent at the Warren Truck Assembly Plant
.
for the Detroit Free Press
, Ebens told the stripper, "Don't pay any attention to those little fuckers, they wouldn't know a good dancer if they'd seen one."
Ebens claimed that Chin walked over to Ebens and Michael Nitz and threw a punch at Ebens' jaw without provocation, although witnesses from the ensuing trial testified that Ebens also got up and said, "It's because of you little motherfuckers that we're out of work," referring to the Japanese auto industry and Nitz's layoff from Chrysler in 1979, regardless of the fact that Chin was Chinese, not Japanese. It is disputed whether or not Ebens uttered other racial slurs.
The fight escalated as Nitz shoved Chin in defense of his stepfather, and Chin countered. At the end of the scuffle, both Ebens and Nitz were sprawled on the floor, with Nitz suffering a cut on his head from a thrown chair. Chin and his friends left the room, while a bouncer led Ebens and Nitz to the restroom to clean up the wound.
While, they were there, Robert Siroskey, one of Chin's friends, came back inside to use the restroom. He apologized for the group, stating that Chin had a few drinks because of his bachelor's party. Ebens and Nitz had also been drinking that night, although not at the club, which did not serve alcohol. Jimmy Choi also reentered the club to look for Siroskey.
When Ebens and Nitz left the club, Chin and his friends were still waiting outside for Siroskey. Chin challenged Ebens and Nitz to continue the fight in the parking lot, at which point Ebens retrieved a Jackie Robinson
model Louisville Slugger baseball bat from Nitz' car and chased Chin and Choi out of the parking lot.
Ebens and Nitz searched the neighborhood for 20 to 30 minutes and even paid another man 20 dollars to help look for Chin, before finding him at a McDonald's restaurant. Chin tried to escape, but was held by Nitz while Ebens repeatedly bludgeoned Chin with a baseball bat. Chin was struck at least four times with the bat, including blows to the head. He fell into a coma and died four days later. Ebens was arrested for the initial assault, and spent the rest of Father's Day weekend in jail. After Vincent Chin's death, Ronald Ebens and Michael Nitz were charged with second-degree murder, a felony which could not be sentenced with probation.
Accomplice
At law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery...
, fatally beat Vincent Chin
Vincent Chin
Vincent Jen Chin was a Chinese American beaten to death in June 1982 in the United States, in the Detroit, Michigan enclave of Highland Park by Chrysler plant superintendent Ronald Ebens, with the help of his stepson, Michael Nitz...
, a Chinese American
Chinese American
Chinese Americans represent Americans of Chinese descent. Chinese Americans constitute one group of overseas Chinese and also a subgroup of East Asian Americans, which is further a subgroup of Asian Americans...
, on June 23, 1982. This led to a federal indictment for violating Vincent Chin's civil rights, but only after public outrage at the probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
ary sentence and small fine imposed by Michigan Third Circuit Court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
Judge Charles Kaufman
Charles Kaufman (judge)
Charles Kaufman , was a judge for the Third Circuit Court of Michigan, with jurisdiction over Southeast Michigan and its largest city, Detroit, MI...
. This sentence could not be reversed due to the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
of the U.S. Constitution, which prohibits double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
.
Early life
Ronald Ebens was born on October 30, 1939, in Dixon, IllinoisDixon, Illinois
Dixon is a city in Lee County, Illinois, United States. The population was 15,733 as of the 2010 census, down from 15,941 at the 2000 census. Named for its founder, John Dixon , it is the county seat of Lee County. Located on the Rock River, Dixon was the boyhood home of former U.S...
. He served 2 & 1/2 years in Army Air Defense School. On August 25, 1965, Ebens started work at Chrysler Corporation's plant in Belvidere, Illinois
Belvidere, Illinois
Belvidere is a city in Boone County, Illinois, United States. The population was 25,585 as of the 2010 census. It is the county seat of Boone County. Belvidere is part of the Rockford, Illinois Metropolitan Statistical Area.-Geography:...
, and promoted to salaried trim foreman on November 8, 1965. He married Juanita Ebens in 1971, his second marriage after a brief marriage at the age of 18.
His work with Chrysler brought him to Detroit, Michigan
Detroit, Michigan
Detroit is the major city among the primary cultural, financial, and transportation centers in the Metro Detroit area, a region of 5.2 million people. As the seat of Wayne County, the city of Detroit is the largest city in the U.S. state of Michigan and serves as a major port on the Detroit River...
, where he owned a bar
Bar (establishment)
A bar is a business establishment that serves alcoholic drinks — beer, wine, liquor, and cocktails — for consumption on the premises.Bars provide stools or chairs that are placed at tables or counters for their patrons. Some bars have entertainment on a stage, such as a live band, comedians, go-go...
, Ron's Place, located on Van Dyke Avenue during the 1970s. In 1982, he was a superintendent at the Warren Truck Assembly Plant
Dodge Dakota
The Dodge Dakota is a mid-size pickup truck from Chrysler's Ram division. From its introduction through 2009, it was marketed by Dodge. The first Dakota was introduced in 1986 as a 1987 model alongside the redesigned Dodge Ram 50...
.
Vincent Chin
The fight which would lead to the death of Vincent Chin started at The Fancy Pants Club, when Chin took umbrage at a remark that Ebens made to a stripper who had just finished dancing at Chin's table (Chin was having a bachelor party, as he was to be married in two days). According to an interview by Michael MooreMichael Moore
Michael Francis Moore is an American filmmaker, author, social critic and activist. He is the director and producer of Fahrenheit 9/11, which is the highest-grossing documentary of all time. His films Bowling for Columbine and Sicko also place in the top ten highest-grossing documentaries...
for the Detroit Free Press
Detroit Free Press
The Detroit Free Press is the largest daily newspaper in Detroit, Michigan, USA. The Sunday edition is entitled the Sunday Free Press. It is sometimes informally referred to as the "Freep"...
, Ebens told the stripper, "Don't pay any attention to those little fuckers, they wouldn't know a good dancer if they'd seen one."
Ebens claimed that Chin walked over to Ebens and Michael Nitz and threw a punch at Ebens' jaw without provocation, although witnesses from the ensuing trial testified that Ebens also got up and said, "It's because of you little motherfuckers that we're out of work," referring to the Japanese auto industry and Nitz's layoff from Chrysler in 1979, regardless of the fact that Chin was Chinese, not Japanese. It is disputed whether or not Ebens uttered other racial slurs.
The fight escalated as Nitz shoved Chin in defense of his stepfather, and Chin countered. At the end of the scuffle, both Ebens and Nitz were sprawled on the floor, with Nitz suffering a cut on his head from a thrown chair. Chin and his friends left the room, while a bouncer led Ebens and Nitz to the restroom to clean up the wound.
While, they were there, Robert Siroskey, one of Chin's friends, came back inside to use the restroom. He apologized for the group, stating that Chin had a few drinks because of his bachelor's party. Ebens and Nitz had also been drinking that night, although not at the club, which did not serve alcohol. Jimmy Choi also reentered the club to look for Siroskey.
When Ebens and Nitz left the club, Chin and his friends were still waiting outside for Siroskey. Chin challenged Ebens and Nitz to continue the fight in the parking lot, at which point Ebens retrieved a Jackie Robinson
Jackie Robinson
Jack Roosevelt "Jackie" Robinson was the first black Major League Baseball player of the modern era. Robinson broke the baseball color line when he debuted with the Brooklyn Dodgers in 1947...
model Louisville Slugger baseball bat from Nitz' car and chased Chin and Choi out of the parking lot.
Ebens and Nitz searched the neighborhood for 20 to 30 minutes and even paid another man 20 dollars to help look for Chin, before finding him at a McDonald's restaurant. Chin tried to escape, but was held by Nitz while Ebens repeatedly bludgeoned Chin with a baseball bat. Chin was struck at least four times with the bat, including blows to the head. He fell into a coma and died four days later. Ebens was arrested for the initial assault, and spent the rest of Father's Day weekend in jail. After Vincent Chin's death, Ronald Ebens and Michael Nitz were charged with second-degree murder, a felony which could not be sentenced with probation.
Consequences
- On July 1, 1982, the Detroit Free Press published a front page article about Vincent Chin's murder. The United Auto WorkersUnited Auto WorkersThe International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, better known as the United Auto Workers , is a labor union which represents workers in the United States and Puerto Rico, and formerly in Canada. Founded as part of the Congress of Industrial...
told Chrysler of a plan to strike if Ebens remained employed with Chrysler. As management, he was not a member of the union, and the company placed him on vacation, asking Ronald Ebens to leave Warren Truck Assembly later that same day. On July 16, he was placed on unpaid status pending resolution of the case.
- On March 16, 1983, after a plea bargainPlea bargainA plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
was reached the previous month to reduce the charge to third-degree manslaughter (which had no minimum sentence and could be dealt with probation), Judge Charles KaufmanCharles Kaufman (judge)Charles Kaufman , was a judge for the Third Circuit Court of Michigan, with jurisdiction over Southeast Michigan and its largest city, Detroit, MI...
sentenced Ebens and Nitz to three years probation, a $3000 fine, and $780 in court costs; because Chin initiated the physical altercation, neither defendant had prior convictions, that Chin survived for four days on life support lent reasonable doubt to the case of intent to murder, and there was no Wayne County Prosecutor present to argue for a more severe punishment. Kaufman later wrote, "These weren't the kind of men you send to jail... You don't make the punishment fit the crime; you make the punishment fit the criminal."
- On March 28, 1983, Chrysler formally discharged Ebens from his position at Chrysler, citing that his plea entered a felony conviction on his criminal record.
- Meanwhile, protests from the Asian American community and Detroit media led to a federal investigation, a November 1983 indictment by a grand jury for the violation of Vincent Chin's and Jimmy Choi's civil rights, and a June 1984 trial in which Michael Nitz was acquitted of all charges, and Ebens was acquitted of one charge, and found guilty of the other. He was sentenced to 25 years in prison. Ebens' lawyers appealed, and the 6th Circuit Court of Appeals found the trial judge to have erred in not allowing the defense to present key pieces of evidence, chiefly an audiotape of Liza Cheuk May Chan of the American Citizens for Justice interviewing Chin's friends together, creating the grounds for an argument that the prosecution tampered with the witness testimony by getting them to "agree on what happened." A retrial was ordered and Ronald Ebens was acquitted of the final charge, with a Cincinnati jury finding no racial motivation in the killing of Vincent Chin.
- A civil suit for the unlawful death of Vincent Chin was settled out of court on March 23, 1987. Michael Nitz was ordered to pay $50,000 in $30 weekly installments over the following 10 years. Ronald Ebens was ordered to pay $1.5 million, at $200/month for the first two years and 25% income or $200/month thereafter, whichever was greater. This represented the projected loss of income from Vincent Chin's engineering position, as well as Lily Chin's loss of Vincent's services as laborer and driver. However, the estate of Vincent Chin would not be allowed to garnish social securitySocial securitySocial security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
, disabilityDisabilityA disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
, or Ebens pensionPensionIn general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
from Chrysler, nor could the estate place a lienLienIn law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation...
on Ebens' house.
- In April 1988, Ebens sued Chrysler for $10,000 and reinstatement on the grounds of wrongful termination. Chrysler claimed that such action at that date exceeded the statute of limitationsStatute of limitationsA statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
. This suit was still pending when Ebens was forced to return to court to explain his reasons for failing to keep up with the payments in the Chin settlement.
- At the November 1989 hearing, the Chin estate, represented by attorney James Brescoll, questioned how Ebens could obtain loans for a Dodge van and Plymouth Sundance requiring payments of $682/month, yet could not meet his $200/month minimum obligation. Ronald Ebens explained about the motorcycle accident in Wisconsin that killed his youngest stepson, Matt Nitz (Juanita Ebens lost her job after quitting work to care for her son), and of Ebens' general inability to find work due to his infamy from the Chin case. Ebens testified that he had stopped looking for work, other than the occasional odd job, and was awaiting the outcome of the litigation against Chrysler.
- On September 6, 1990, a decision of No cause of action against the plaintiff, Ebens, and in favor for the defendant, Chrysler, at which point Chrysler attempted to sue for the $10,921.84 ($9919 labor and $1,002.84 expenses) in legal fees it spent on the case.
- On August 28, 1997, the Chin estate renewed the civil suit, as it was allowed to do every ten years. The complaint listed Ebens as having only paid $3,000 on the judgement, and adjusted the damages with $3,205,604.37 in accrued interest, $15.00 for the judgement, $90.00 in clerk fees, and $65.00 for service fees and mileage for a new total of $4,683,653.89. The proof of service listed an address in Henderson, NevadaHenderson, Nevada-Demographics:According to the 2000 census, there were 175,381 people, 66,331 households, and 47,095 families residing in the city. The population density was 2,200.8 people per square mile . There were 71,149 housing units at an average density of 892.8 per square mile...
.
- A 2000 article about Las Vegas real estate, quoted Ron Ebens, a customer service manager for a company called Real Homes Inc., that had partnered with Centex Homes.
- Michael Nitz reportedly did make payments pursuant to the original settlement, in spite of filing for Chapter 13 bankruptcy in 1986. Ebens' homeowners' policy paid about $20,000. Ronald Ebens has been attributed with conflicting statements as to whether he ever intends to fulfill his debt, but in a 1987 newspaper interview, Ebens told future filmmaker Michael MooreMichael MooreMichael Francis Moore is an American filmmaker, author, social critic and activist. He is the director and producer of Fahrenheit 9/11, which is the highest-grossing documentary of all time. His films Bowling for Columbine and Sicko also place in the top ten highest-grossing documentaries...
that he would not give his detractors satisfaction by committing suicide.