Funderburk was jailed on $55,200 bond on suspicion of attempted rape, aggravated battery, criminal restraint and criminal damage to property. He was wearing a neck brace when he made his first appearance Tuesday in court.

No she didnt hit him enough, its too bad he was able to gain consciousness . I can see a lawsuit coming out of this though, theres a reason why hes wearing a neck brace and it isnt medical. Sad isnt it?

Sam - I'm inclined to agree with you. Hope we're both wrong. Time will tell I suppose.

Wow. Granny makes me proud! The only thing she did wrong was that she stopped hitting him after he passed out.

Here comes the lawsuit!

It was worth every penny, Granny.

You don't mess around with grandma. ;)

Wish they had posted a picture of granny with a skillet beside the dude with the skullet,

I guess the charge of assault of an at risk adult would not hold up since she beat him senseless.

This story made me think of Rapunzel in the new movie "Tangled"--the frying pan was her weapon of choice. The folks at Disney need to send this Grandma and her whole family to Disneyworld!

If he does sue, I hope she defends herself in the same manner from the 2nd robbery attempt.

If Grandma gets sued, I will contribute to her defense.

Better outlaw frying pans or at least get a law for a back ground check on who buys them. They are dangerous weapons, proven by this incident. Who knows when that pan will just jump right up and smack you. It might even be hot.

What is that sniffing sound. Never mind it is just the ACLU.

Hang in there Grandma. We are all behind you.

If that jerk sued her, I wouldn't object to sending her money to pay for it if he wins. Hope it doesn't come to that. GO GRANNY, you are an inspiration to us all! She should counter with emotional distress, injury (the article says she was injured just not how) and the damage done to her property. (the pan)

If the attacker is indeed allowed to sue after he broke into her place and threatened her life, then it's time for EVERYONE to move out of Kansas!

Anyone can sue anyone for anything by law. The problem he has is the base for his suit. He will be laughed at in the Prothonotary's office and the Judge will find his claim without merit as he was attacking her. She will need no Lawyer.

But what a POS to do something like this. I hope the inmates beat his ass too.

It just goes to show you young people, never underestimate an older person. Especially if they have a frying pan. Lol.

sam, any judge that would convict her or make her pay money deserves to be lynched. i think it's time we, the people, stop letting judges do this kind of garbage.

so, remember people...if you are attacked in your own home, make sure the person never gets back up. that way they can't sue you. lol

bklynj, it is true that anyone can sue for anything. judges are allowed to throw out lawsuits as "frivolous," and should, but there are ones who have actually allowed these suits to go to court...and the criminal won! the juries are just as guilty for allowing it. soon, you won't be able to protect yourself in your own home, just like you won't be allowed a gun to protect yourself in your own home. if that scum tries to take her to court, she needs to do the counter-sue someone suggested.

I completely agree that she didn't hit him nearly enough.

If he dares have the balls to sue her, I hope she has that pan hot and ready to fry up his shriveled little man parts. Stupid little punk!

Go Grandma!!!

GO GRANNY, GO!

Don't know if Kansas has anything like the Castle Doctrine or how they may have it written into there law but hope that they do and that it will preclude him from suing her for any alleged injures.

See everyone whining about the 67 year old man who got punched by a 20 year old after throwing a punch said that the kid shouldnt have punched him because he was old.....the elderly are not incapable of defending themselve. Good for her, I am glad she didnt allow her self to be a victim!

Maybe this old lady can sue him for inflaming her arthritis in her swinging arm, shoulda just dragged his worthless carcus into the street and left him for dead, no officer I did'nt notice anything outside, been in the house cookin up a beat down.

as for dude. bhaaahahahahhahaahahaa, you worthless piece of junk, taken down by the elderly, where's cris rock when ya need him, cause this boy(yes boy, no man hits granny) got knocked the ***k out. bet your momma's proud, finally got your name in the spotlight, dam she put a hurtin on that nugget,lmao.

My mother did this to my step father after he and my step brother's friend damaged our house in a drunken bing.

I laugh to this day about it as my mother was a small woman.

Whack!

if this bum sues I hope that the jury finds for granny and makes the lawer that did the suit pay

I totally agree-she should have hit his sorry ass a lot more!

She should have continued to beat this dumba@@ until he quit breathing. That would have taken care of any lawsuit. If this guy does bring a suit, I hope the media publishes her address so we can send her the cash to buy the best lawyer in the state, and she can keep whatever is left over. She should be on a billboard holding her pan with the caption of "Thinking of jumping an old lady? Think again"

The sad part is some jerk of a lawyer will offer his services to this useless waste of life to help sue Granny. He will want her charged with assault and then sue her in civil court for damages and mental distress. "But your honor look what she did to me I didn't deserve this abuse'. This country is azz backwards and has given rights to the criminals when their victims or potential victims fight back. The sad part is the above statements are correct she did not hit him enough times as dead men tell no tales. It works both ways criminals.....if you kill your victim one less to testify but the same goes for you........if we kill you it is a bit tough to sue when you are dead. Granny should have hit him until brains spilled on the floor...then called the cops.

Seriously she did the right thing by stopping because if she had killed him then she would be in jail. It made no mention of him being armed or anything so they would have deem it obcessive behavior on her part. Besides not everyone wants to take others lives even when they don't value yours. Serious guys none of you suggesting that would have killed the guy so stop making it seem like thats an ok thing to do.

NO...if she'd killed him it would have been self defense with no one saying anything different. If he broke into HER house to cause HER harm, there is absolutely nothing wrong with taking matters into her own hands. Good for her for not just being a victim.......

Go Granny is right. Obviously she should have hit him more. If this moron _ickhead ever gets to sue, I too shall contribute to granny's defense fund. Hope the other inmates find good handholds on that apparatus around his neck.

She is lucky she is in Kansas and not California where the criminals are the victims.

1.4 - Right. Then you are probably not from the new US where the Department of Homeland Security local SWAT team would terrorize and investigate Granny, who would also probably be violently arrested and sued for defending herself. (Hence - "counterterrorism")

I look forward to hearing the facts come out in the case as to what really happened and remain unbiased toward either party. That is the traditional American way, and it works best.

To bad the perp's hair is so short. A photo showing Granny holding the perp by the hair with one hand and the cast iron skillet in the other would have made a great PR piece.

Yup. She should have hit him until there was no sign of life. As it is, with our wonderful legal system, this thing could drag on forever. AND, he will always have revenge on his mind. Get rid of the scum the FIRST opportunity you have.

Awsome. It should be legal to finish off an attacker. That would give people a second thought.

I've been hit real hard on several occassions and there is only place I've ever been hit that made me puke. Guys you know where I'm talkin about. If she hit him with a good hard frying pan uppercut there, OUCH! Bet he won't be trying to rape anybody else, EVER.

I can't wait to see what the inmates will do: 1. When they find out he tried to rape an old lady and 2. When they find out she beat his a$$.

It's interesting how many references there are to hit the guy more times to save Grandma the lawsuit. I guess a dead guy can't talk.

Is this the society you wished to create ACLU?

Personally, I'ld buy grandma a whole new set of pots and pans for a job well done. Get well soon.

i know all u libs are sue happy, he might try but he dont have a leg to stand on. It was in her house he attacked her she was defending her self. No way he would win any damages...if it even made it to court......

She didn't have time to call 911... but fortunatly, in the end, it all panned out.

The bad thing is that he won't tell anyone about what happend to get him there!

Glad to hear the intended outcome was waylaid by a quick thinking lady of means.

Hope she recovers from her injuries as quickly as that low-life dirtbag received his!

Such a great idea!

LOL. I'd buy it!

A good 12-inch Lodge cast iron will usually do the trick.

unfortunately it probably wasn't a cast iron, he wouldn't have gotten back up!

Way to go Granny!!! If it goes to court, everyone should attend witha frying pan in hand, let the judge know where we stand!

Years ago, when I was living in N.C., the State ran a TV ad that a man being attacked with a cast iron frying pan. The injury was done by the cooking.

Feronia: I want to know the brand name of that pan... 'cause I'm going out to buy me a whole set!

As for how long I woudl've kept beating his rear? 'Til he smelled like a recently-skinned goat... :D

Rich-2229277

The bad thing is that he won't tell anyone about what happend to get him there!

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#2.1 - Wed Dec 15, 2010 5:36 PM EST

He won't have to tell anyone - his mug is there, so his friends already know!!!!

Met a woman who did this to her husband after he came home drunk one night and yanked her around by her hair. When he passed out in bed, she hog tied him to the bed posts, got the fry pan, and then had a come to Je**s event. Last time he pulled her hair!

2 - I love how people are voting up these comments up knowing that most of the time people that defend themselves like this (especially women) are usually prosecuted for doing so. Must be nice to be delusional.

I bet if you look close enough the brand is right there imprinted on his head lol.

You might be able to read the brand name off of his scalp! LOL!

Serves him right-attacking a senior citizen! Maybe next time he'll try an easier target-like a Marine Drill Sergeant!

"And to really make a statement, use our 12" ridged grill pan!"

LMAO!

Sometimes you've got to work with what you've got at hand. This case is a perfect example.

Security experts who specialize in this particular area will advise that when you choose to make your move and counterattack, half-heartedly won't do. You're in the fight of your life, so you're going to need to 'one up' your attacker a bit. You need to 'explode' into action, surprising your attacker who was thinking he was in control of the situation and hopefully incapacitating him.

She did a very good job. No, she shouldn't have hit him more times. When he's down and no longer directly threatening your health and safety, you've survived his attack. To keep hitting him past that point would be a crime, and if severe enough, could be murder. You are allowed to act to prevent someone else from seriously injuring or killing you. You are not allowed to be his judge, jury, and executioner.

Why did you have to go and spoil the fun?

Sorry!

Just don't want anyone here to get themselves carried away at some point in the future should they find themselves in a similar situation. Believe me, if the authorities and the court conclude that you enjoyed the act of defending yourself, you're in a heap of trouble!

Your honor, I don't rightly know which blow actually killed him...coulda been the first...coulda been the last...I just kept hitting him until I knew that I was safe....he quit moving....

No jury in the world would convict this 71 year old lady...who was in fear for her life.

Yeah Joe you're probably right about this case, but there are many cases that the jury would find someone guilty of murder if they felt the victim went overboard and continued to beat the perp once they were down. Tigor is right as a general point.

Yes, not all of us happen to be seventy one year old women. Still, do remember that being a woman, being very small, being disabled, or at any other kind of physical disadvantage to your assailant will be a legal advantage to you. It is known as 'disparity of force'. If you're a big, young able bodied male and a seventy one year old woman started hitting you, dispatching her with a frying pan is almost guaranteed to reserve a prime spot of publicly owned real estate, maybe 20 square feet of it, for a long, long time.

A lot of the 'self defense' arguments made are bunk, and juries know them when they see them. Unfortunately, far too many citizens don't seem to realize this, and will do things they've been led to believe are legitimately self-defense, but aren't. What a way to learn!

Remember:

1) You have to be an actual victim. If you're in a fight with the person already or committing a crime while you attempt to 'defend' yourself, all bets are off.

2) The person you're 'defending' yourself from needs to have the ability, means, and motive to warrant your response. If they're waving a knife at you from three blocks away, no dice. If they're in your face doing it, you're being assaulted and are in the right to do what you must to end the threat. Fight or flight! If someone just comes up to you and lays into you, motive has kind of taken care of itself, though. If the person is laughing while 'threatening' you with a squirt gun, odds are good there was no intent to harm you, so what you do next had better be very, very reasonable.

3) If you do strike back, you can retreat to safety, but don't retreat altogether. Flight equals guilt in the eyes of the law. Get to safety, but contact the authorities right away to explain what happened and more importantly, press assault charges against your attacker. Tell the cops you're ready to sign the criminal complaint as soon as they can have it ready for you. The first words out of your mouth should be 'I was attacked'. Make sure they know you're the victim right away.

There's more, but everyone needs to study this on their own if they feel there's any possibility whatsoever of someday being in this kind of situation.

All of you questioning Tigor should look up Jerome Ersland. He is an Oklahoma pharmacist who has been arrested for murder. He was in his store one day with some of his female employees when 2 kids came in one of which was brandishing a gun. Ersland pulled his gun and fired and shot the kid without a gun. The other kid ran outside to an awaiting getaway car with Ersland firing at him as he ran. That kid was never hit. Ersland goes back inside, over to the gun safe, pulls out another gun, walks over the incapacitated kid on the floor who he had previously shot in the head, and emptied the magazine into the kids belly. Had he not changed guns and come back to shoot him a second time while he was already incapacitated, he would not be on trial for murder.

The moral of this story is to make sure the first hit is hard enough to be fatal.

I'm not familiar with the finer points of the Jerome Ersland case, but I am aware of the situation. He very obviously crossed the line. Ersland firing at the fleeing 'kid' (presumably a robber, but who knows?) was bad enough (could be construed as attempted murder, especially if he had dropped his weapon along the way), but what followed that is a rather classic example of what NOT to do. Absolutely no coup de grace! Never, ever 'finish him off'. Again, you can defend yourself from injury or death, but you have no right to be your attackers judge, jury, and executioner. We have an excellent legal system in place for that, let it handle assigning the penalty to your assailant. You job is just to survive.

Now, keep in mind: If the kid that fled and/or his getaway car driver have been or will be caught, in most jurisdictions they, too are guilty of murder because someone (their accomplice) died while they were committing a felony (presumably armed robbery). No, it doesn't always seem right in some instances, but anyone who didn't know that and has read this has been warned...

The two adults in the getaway car and the other kid are also charged with first degree murder.

Thanks, Catjmj. It's sad, but knowing how it resolved may be helpful to someone out there. I haven't had a chance to look it up myself, maybe I will if I can fit it in today.

Take care,

the TiGor

Yeah, this is different than just unloading a clip into a perp. With a frying pan, you wield it with conscious thought, much like reloading.

You have to decide whether to do a forehand or backhand swing. Do you want to go for distance, with full force, or just enough to keep the perp in range for a another swat. And then there's the question of english. Do you put spin on him to set him up for the next nose to iron? God forbid that she decide that she had not chosen the right pan for the job, and switched to a heavier one.

I think "The Joy of Cooking" should write a new chapter, and dedicate it to her. Maybe title it, "How to make unwanted guests dead meat."

Can you imagine how this is going to play out in prison??? No really she was stronger than she looked!!! It was a cast iron skillet!! hahahahahhahaha I think she should have broken both his knee caps too, so that when he wakes up he can't walk and she definitely should have taken pictures as trophies to put on the net. He'll be laughed to scorn!!!!!!!

Put me on Ersland's jury and there will be no conviction. Damn kids knew what they were doing was wrong. Ersland needs to be given a hero's parade and the parents of the derelict kids fined for rearing anything that stupid.

average joe,

You are giving juries, and our uhhhhhhhhhh "wonderful" legal system waaaaaayyyy too much credit.

If you are attacked, deadly force should be an option. You should be able to kill the attacker, even if they are no longer a threat.

If average people stopped crimes against themselves in a deadly manner, crooks would be less likely to attack people.

As it is now, if a crook gets hurt, he can sue. Dead crooks sue nobody.

Deadly force is an option for as long as you fear your own life is in danger. Something to take into account when reacting to a threat. Hit swift, hit hard, and don't stop until you are sure the threat is removed.

No, dead crooks can't sue. Unfortunately, their families and/or their 'estate' (whatever it may be) certainly can.

It may not happen, but if you have to seriously injure or kill someone to prevent the same from happening to you, you should expect to be sued. You will definitely want to have legal counsel! Fair? Usually not. Fortunately, odds are good it'll never happen to you in your lifetime. If it does, figure the legal expenses incurred are something akin to the medical bills you'll accrue if you develop a serious ailment or injury. It kind of ends up being the price you pay to keep your life and health.

God forbid you ever have to stop violence with force, but if it happens, you may be blessed and have only nightmares and bad memories to haunt you afterwards.

Kevin's head is roasting on a frying pan.

Jack Frost could care less about his nose.

Yuletide tots with their eye's all aglow,

Won't have to worry 'bout him tonight.

They know that Kevin will be going away.

They'll be safer to go outside and play.

And every mother's child is gonna find,

Kevin gets put away for a very long long time.

And so we're offering this simple praise,

To the Kansas lady with her frying pan -

Although it's been said many times, many ways,

Merry Christmas! Gee, we think you are grand!

Merry Christmas to you, Sweet Lady!

It should be published! When I realized the tune your version takes the sting out of the original for those who would be depressed during the season.

Grandma deserves a medal, the key to the city and a self-defense fund established in her name!

A: I love the ew lyrics...Maybe they can apply to Michael Jackson as well.

B: I'm extremely happy that this elderly woman was able to defend herself. I hope every person currently in jail treaets this guy like a little b!tch when they read this story...and they will.

C: I would love to hear that this story empowers people to defend themselves against these stupid "thugs". Maybe we could get our country back on track with fewer punks around.

Kevin should be housed over in the Tempura Wing of the Shelter For Lightly Battered Dipschitz, you think? He'd certainly get my vote! : )

Wouldn't it be poetic justice if the frying pan was red-hot and permanently branded this nit-wits forehead with the frying pan maker's namebrand? He'd be a laughing stock for the rest of his miserable life! ... And rightly so!

Keith, Is that an ancient form of martial arts? Pan Fu

Lmao

Wax on, Wax off. Bong!!!!!!!!!!!

Don't need one it wasn't concealed

The local townspeople should band together to insure this lady has the finest Christmas possible!

How about a nationwide campaign for such a thing? It's almost a certainty donations would pour in.

So did I. I might have a grin on my face for the rest of the evening.

It must have been a newer skillet. I'm in my 60's and have a cast iron skillet given to me by my Mother. It takes two hands to lift it off the shelf. If she would have hit him with that, there would be no way he was getting up. EVER! Rock on Granny.

Petunia--I must take issue. It must have been a Le Creuset. I have a teflon coated one of those, can hardly lift it and hate to use it (very poor quality coating). I was about to trash it, but if someone can use it, I'd love to donate it to anyone who needs a weapon guaranteed to break heads. Hope grandma gets well soon.

It may have been inadvertent, but this lady just gave her neighbors and local townspeople a great Christmas gift! She removed one worthless parasite from their streets. Merry Christmas to all, and to all - a more peaceful sleep tonight. : )

I hope your town rallies behind this woman. There is going to be a lot of attention focused on her. Having come from a small town in NE, I know how most small town people like their autonomy. I wish her all of the best and hope any attention coming her way serves as positive reinforcement for her. Should she need any legal aid, maybe the town could rally to support her. I have been to Hutchinson and it is the the quintessential rural American small town. Honest hard working people who prefer a simple normal life. The backbone of America.

yeeeeehaw!

Ok that made me laugh.

ok now that brought tears to my eyes I was ROTFLMAO

Laughing and coughing. Good one, STL

Lmao that is F*cking great

LMFAO, that was a good one.

ROFLMMFAO!!!!!!!!!!!!!

Actually when it comes to certain crimes like the aged; or rape; and children (pedophiles included) in many cases its looked down upon.. Why? one may ask... My understanding is that it could have been one of their own which accounts for some of the criminal deaths within prison.. Kind of like going against the Mafia's code of ethics: "No women and children" sort of thing...

Not that two wrongs correct themselves -- just in-house jail-house ethics not including the hard-core pathologicals....

Strike the striked. The correct word should have been "struck"

Yes! David you are correct, but by the name, I would say that this person's first language is not English. Thank you for being our proof reader.

Does it really make any difference? In the end they still whooped his AZZ.

"you can have my skillet when it's a cold frying pan"

Read the article again ... He's much more worse than a thief. A real sick-0.

Wow no kidding! Don`t know how I missed that!

Reread the article again. Suspicion of attempted rape means he probably looked at her funny. Criminal restraint means he probably grabbed her wrist. Criminal damage to property means he probably knocked something off the counter. Aggravated battery, well anything can be aggravated battery. Not that I condone what he did, but cops charge people with what ever they feel like making up at the time. Unfortunately it wasn't filled with hot oil at the time. I do believe this creep is a piece of sh!t for lying his way into her house.

There's always the chance she embellished her story. He is still gutter waste!

So if it was you who were the victims would you be saying the same thing, I think not. You would want to see him rot in he!! so he could never do this again. The punk did something wrong so why are sticking up for him. You must be a punk yourself, or have one for a son. Why when punk kids do stupid stuff like this, its always the victims fault and not the perps fault. Our society has their heads on backwards

I loved that movie, laughed my butt off. Madea also does a little breakfast involving a frying pan for wife beaters.

You're talking about grit ball.

That's the one!

jd - say 'pretty-please' and we won't tell "Grandma" you caller her "elderly"! LOL

I'm calling her "Super Slugger"! and thanking her for making my night!!!

I'm still laughing, but there is a sobering message in this (besides don't mess with the elderly). The elderly are much more trusting as they get older. She shouldn't have let him in her house. Living in Fl the population is older and they are always getting ripped off or worse.

The AARP needs to hold classes about how to protect yourself (if your skillet is at home).

Shoot his little head off.

Mr. Citizen, actually would'nt it be AWESOME if she shot "both" his heads off...LMAO

I was just hoping that she put a big bruise in that area. LOL