[DontShootMe]

Not gun related, but definitely projectile related...

Felony for water baloon toss (http://www.sacbee.com/24hour/weird/story/937294p-6541952c.html)

[Tropical Z]

Id bet money that judge voted for Gore.If it was an ordinary person nothing would have happened,but since it was one of the elite, priviliged class the guy will probably do time!:fire:

[Meowhead]

"He is third in line to the presidency of the United States. You won't forget it next time, will you?" asked Judge Tomas Magdich.That's right. Who does that filthy commoner think he is? Throwing a water balloon at a Very Important Person..why, the gall! Put him in chains!

[cordex]

Bad form, rude and irritating.
But not a felony.

[DontShootMe]

Do you think this guy will EVER be able to CCW if he so desires?

[keithernTN]

Could Hastert drop the charges if he wanted to? He should if he can.
The charges against him are beyond ridiculous, and the judge is a moron.

[Master Blaster]

He insulted one of our ruling LORDS.

They could have beheaded him on the spot.

The judge is just pointing this out.

How come the secret service didn't shoot him 70 times with MP5s?

Of course mature adults usually dont throw water balloons at folks they dont know, or at antique fire engines. Having a water ballon fight with someone you know or with friends at a picnic is a whole different story.
At least it wasnt and evil high capacity Super Soaker, or Fineswein etal would be calling for a ban.

Now if the judge owned the fire engine, that would explain it.:rolleyes:

If it had been my fire engine they would have been prying my boot out of this gent's backside.

[TheOtherOne]

Well then the next time I'm driving down the street and some group of kids decides to be funny and throw a water balloon at my car, I'll call the police and insist that felony charges be filed. I'm assuming it won't be a problem as I can get this case to be used as precedence.

I'm an uber-important person too! :D

[El Tejon]

O.K., I give. How is the State's Attorney getting to Aggravated Battery anywho? Are they considering the balloon a weapon?:confused:

[Pilgrim]

Everything will soon be a felony...

Not that far off in the future.

Pilgrim

[Skunkabilly]

I'm sure it'll be classified as a WMD or some other War on Terrorism catchphrase :rolleyes:

[cordex]

I'm sure it'll be classified as a WMD or some other War on Terrorism catchphrase
Weapon of Minor Drenching?

C'mon ... the "victim" was driving a flippin' fire engine. How tough would it have been for him to find a nearby fire hydrant and go to work on the unruly "terrorist"?

[MicroBalrog]

When water baloons will be outlawed...

[WonderNine]

Poor ole' Dennis Hastert. He survived an assassination attempt by a water balloon weilding "angry whiteguy" :rolleyes:

[TarpleyG]

When water baloons will be outlawed...
They are in some places. Can't use them because they kill the fish and other wildlife. Big fine and trouble if caught using them.

GT

[MicroBalrog]

They are in some places. Can't use them because they kill the fish and other wildlife. Big fine and trouble if caught using them.


WHAT? How do baloons kill fish?

[matis]

Quote:
Everything will soon be a felony...
__________________________________________________________




I used to say that picking your nose will soon be a felony.




But I admit I was exagerating.



They'll NEVER be able to rate it any worse than a misdemeaner.





matis

[DontShootMe]

Never say never!

[saddenedcitizen]

After a felony conviction - no more firearms for you !
Hmmmm.......
Welllllll
If EVERYONE had a felony conviction, then they couldn't pass the
NICS 'test' and 'ta da' no more guns being bought.
Manufacturers/dealers go out of business and
peace and tranquility prevail and America is at last the
idylic paradise envisioned by the oh so educated 'above it all' elite.
GAG/BARF/COUGH !!
However, watch for more and more 'minor infractions' to result in
felony convictions.
The judge is a MORON (or has an agenda).
IT'S A WATER BALOON for cripes sake !!!!!!!!

[Standing Wolf]

Everything will soon be a felony...

You mean it's not already?

[HankB]

Are they considering the balloon a weapon? If so, I hope they preserved it as evidence. ;)

That's one jury I'd LOVE to be on!

[Combat-wombat]

Okay, I'm starting a campaign, CAAB (Citizens Against Assault Baloons). Who needs the massive killing power of a high-capacity assault ballon? A high-capacity assault baloon has already been used in the attempted assassination of Dennis Hastert! Yet someone can just waltz into a baloon store, and without any background checks or regristration, buy as many assault baloons as they want. It's even easier to get them by slipping through loopholes at baloon shows. Even children can buy them! Are you tired of crazy baloon toting maniacs mowing down our children and politicians? Stop the epidemic of baloon violence, and join CAAB now.

[Ex-Doc]

Here's something that's been left out.....

".....Police arrested a 33-year-old man who now faces charges of aggravated battery and possession of a small amount of marijuana."

[Ex-Doc]

Flying glass 'could have killed me,' driver says


Wednesday, June 25, 2003

By John Agar
The Grand Rapids Press




BLENDON TWP. -- Paul Archer thought his face was covered with blood when a water balloon smashed his windshield and left him with 200 shards of glass in his head and neck.

"All I saw was a car's headlights, and the thing just exploded in my face," Archer, 39, said Tuesday. That's the best way I can describe it, my windshield just exploded in my face."

He was driving to his third-shift job Monday when someone in an oncoming car tossed a water balloon at his Ford F-150 pickup. He said the impact shattered his windshield, but he managed to maintain control of the pickup and pull to the shoulder of 48th Avenue near Stanton Street. He called 911 from his cell phone.

Ottawa County sheriff's deputies are hoping the culprits cannot keep a secret and someone turns them in.

Police arrested one teenager Tuesday night after he allegedly threw a water balloons at a car in Georgetown Township but determined he was not involved in the assault on Archer, sheriff's Lt. Greg Steigenga said.

"We did interview (the suspect) at length last night," he said. Police investigated alibis and were confident that it "was just coincidental."

The teen faced a misdemeanor charge of throwing an object at a moving vehicle.

The balloon hit the windshield of a 38-year-old Grandville man's vehicle on Port Sheldon Road. He spun his car around, caught up to the other vehicle, and called police from his cell phone. Police stopped the car at Baldwin Street and 12th Avenue.

Archer suspected the water balloon thrown at his car was meant as a prank, but also believes the person who threw the balloon should come forward.

"I think they ought to come forward and take whatever punishment they've got coming because they could have killed me," he said. "It's a water balloon. They probably thought it was a joke. But at 110 mph, it could've been very serious."

He believed that both vehicles were traveling near the 55-mph speed limit, but he did not see the other vehicle except for its headlights.

Steigenga said it was fortunate that Archer maintained control of his pickup. While a water balloon doesn't sound like a dangerous weapon, it was like a "solid object" when factoring in the speed of the passing vehicles, he said.

Archer, who works at Royal Plastics Inc. in Hudsonville, was on his way to work when his truck was hit around 11:15 p.m. He was taken to Spectrum Health Butterworth Campus where hospital workers removed numerous shards of glass from his neck and face. He figured he would have had more serious injuries if his glasses -- broken by balloon -- had not protected his eyes.

He was released from the hospital at 7:30 a.m. Tuesday, and said he pulled pieces of glass from his head throughout the day. One apparently went through the front of his ear and came out the back.

He also talked with state Rep. Bill VanRegenmorter, R-Georgetown Township, about legislation to toughen penalties for those who throw objects at vehicles, he said.

Archer said the incident was similar to a case where teenagers allegedly tossed a brick onto Int. 96 at Morse Lake Avenue SE.

Vickie Prantle of Oakfield Township lost an eye and suffered other major injuries in March.

Fortunately, he said, his injuries were far less severe.

He said he has been concerned about objects being tossed onto the road, but said that it is virtually impossible to avoid.

"Who would think something would come through the windshield like that woman from Grand Rapids?" he said.

Archer said that he is very conscious of his surroundings while driving. His step-daughter, Jennifer "Jenna" Chrispell, a young mother, was killed nearly three years ago when hit by a drunken driver traveling the wrong way on Int. 96 near Saugatuck.

Archer had a bottle of pain pills on his kitchen table, along with his damaged glasses that had slivers of glass stuck on them. He picked at his face, and kept a tissue handy to stop bleeding.

"There's another piece of glass -- it just keeps coming out," he said.

He doubted he would get back to work this week. Doctors wanted to watch the swelling in his neck.

"I'm just hoping someone comes forward with information," he said.

Anyone with information is asked to call the Sheriff's Department at 738-4000 or Silent Observer at (800) 825-0221.

[Sergeant Bob]

Here's something that's been left out.....

".....Police arrested a 33-year-old man who now faces charges of aggravated battery and possession of a small amount of marijuana."
He must have had the "Reefer Madness!!" Nobody in their right mind would so viciously attack one of the Kings men! Off with his head! :rolleyes:

Correct me if I'm wrong (like I need to say that here?) but, doesn't the "victim" of the "battery" have to press charges for the prosecutor to act? Hastert's a big wuss (of course we already knew that) if he presses this. Maybe his mommy should go talk to the other boys mommy.

In addition, I don't believe tossing a water ballon meets the legal test for "Aggravated" battery. Checked Law.com (http://dictionary.law.com/) but could not find "Aggravated Battery" only
"Aggravated Assault"
n. the crime of physically attacking another person which results in serious bodily harm and/or is made with a deadly or dangerous weapon such as a gun, knife, sword, ax or blunt instrument. Aggravated assault is usually a felony punishable by a term in state prison.

BLENDON TWP. -- Paul Archer thought his face was covered with blood when a water balloon smashed his windshield and left him with 200 shards of glass in his head and neck.

"I think they ought to come forward and take whatever punishment they've got coming because they could have killed me," he said. "It's a water balloon. They probably thought it was a joke. But at 110 mph, it could've been very serious."


I don't think the closing speed between bystanders (with water balloons) and a parade would be anywhere near 110 MPH. It is doubtful that Sire Hastert was ever in any real danger.

[TarpleyG]

WHAT? How do baloons kill fish?
When you have water baloon wars on your boats and the pieces fall into the water, they get eaten by fish and birds and they sometimes die.

GT

[brownie0486]

Definition of aggravated:

to rouse to displeasure or anger by usually persistent and often petty goading


Definition of assault:

a threat or attempt to inflict offensive physical contact or bodily harm on a person.


I think throwing the water ballon at a moving vehicle may be deemed displeasureable to the driver/occupants and certainly had the potential to anger another is so doing.

Throwing the water balloon certainly might inflict physical contact making the assault charge valid as well.

It could have been acid or lye in the baloon and not just water. Imagine the response from people here if it had been. It certainly would be a charge of aggravated assault then.

The charge is for the action taken, not the outcome, which could change dependant on what was in the baloon and the persons intent possibly adding other charges then as well.

I don't think it had anything to do with his being a politician or in line for the presidency, but more the act itself which probably scared the hell out of a few and could have resulted in injuries if the driver paniced and hit a bystander/pedestrian or ran over one someone.

It's not so much that nothing happened, it's a question of whether he should be doing these things at public events. With what is happening around the world lately it could have in all likelihood been a malicious attack, though it wasn't this time, it may next time.

Creating fear and possible injury from your actions is an offense in this country.

Brownie

[CZ-75]

With what is happening around the world lately it could have in all likelihood been a malicious attack, though it wasn't this time, it may next time.

Then punish for the intent and the outcome, not the what-ifs.

The definition of "aggravated" you supplied is incorrect, as it would tend to mean "made worse or more severe" in its current context of being used in conjunction with a criminal charge.

I could "aggravate" Lord Hastert by calling him a "no-good SOB." Is that worth jail time?

[brownie0486]

The definition given for aggravated came right from the dictionary. If I'm wrong so is the funk and wagnells.

Yes, if it was deemed threatening, of course you could be charged, trial decisions are anotehr matter all together.

Brownie

[cordex]

The definition given for aggravated came right from the dictionary. If I'm wrong so is the funk and wagnells.
Context, buddy. Context.
http://www.m-w.com/cgi-bin/dictionary?aggravated+assault

Main Entry: aggravated assault
Function: noun
Date: 1925
: an assault that is more serious than a common assault: as a : an assault combined with an intent to commit a crime b : any of various assaults so defined by statute

Edit
When dealing with legalese, sometimes words don't mean what they mean everywhere else.
You can look up "Firearm" in your dictionary and I'm pretty sure you won't find a picture of a sound suppressor despite the fact that in some legal texts, a sound suppressor fits the legal definition of a "firearm". See NFA 1934 for an example

[Edward429451]

Aggravated assault huh?

I'm of the understanding that forward motion towards someone can be construed as assault if they perceive it to be in an intimidating or menacing manner.

Add that to your definition of aggravated, "to rouse to displeasure or anger by usually persistent and often petty goading" and so now, by definition, you can't even shake your finger in someone's face in displeasure or be charged with a felonious aggravated assault.

Whats next? mean faces outlawed?

Happy thoughts. Happy thoughts.:uhoh:

[Sam Adams]

You want to know why it seems like everything is a felony? Here's why:


"Did you really think we want those laws observed?" said Dr. Ferris. "We WANT them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted -- and you create a nation of law-breakers -- and then you cash in on guilt. Now that's the system Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with."

-- Ayn Rand, Atlas Shrugged

Folks, it IS a conspiracy...aimed at controlling the population. Ayn Rand had it figured out a long time ago, based mostly on other societies. It seems that our "lords and masters" have figured it out. Let's see when the sheople will, and find a better use for streetlamps.

[brownie0486]

Pointing a finger and making threatening remarks or gestures [ as in moving toward the other ] are construed to be "assaultive" in nature and one can be charged with assault. Touch that person with the same finger, it becomes battery, thus you have the "assault and battery" charge.

Brownie

[bad_dad_brad]

Sam Adams nailed it. Ayn Rand was correct. It's the same in any society past, present, or future.

If they want to get you, they will get you.

[Edward429451]

So its the citizens responsibility to resist? :D

I can understand the LEO's wanting to do a good job and all that it implies, but at some point, don't you guys have the responsibility to think outside the box? If they outlaw more inane things tomorrow, will you just say "oh well, its the law?" and go for it anyway furthering the oppression of your fellow man and neighbors?

(Go easy on me!)

[Sergeant Bob]

"Aggravated Assault"
n. the crime of physically attacking another person which results in serious bodily harm and/or is made with a deadly or dangerous weapon such as a gun, knife, sword, ax or blunt instrument. Aggravated assault is usually a felony punishable by a term in state prison. http://dictionary.law.com/


Aggravated Assault:
Definition - An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)
http://campus.umr.edu/police/security_act/assault.htm

Aggravated Assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
The categories of aggravated assault include the following commonly entitled offenses:

Assaults or attempts to kill or murder
Poisoning
Assault with a dangerous or deadly weapon
Maiming
Mayhem
Assault with explosives
All attempts to commit the foregoing offenses.
http://www.denvergov.org/2001_crime_stats/template34716.asp

Aggravated assault - Attack or attempted attack with a weapon, regardless of whether or not an injury occurred and attack without a weapon when serious injury results.

With injury - An attack without a weapon when serious injury results or an attack with a weapon involving any injury. Serious injury includes broken bones, lost teeth, internal injuries, loss of consciousness, and any unspecified injury requiring two or more days of hospitalization.

Threatened with a weapon - Threat or attempted attack by an offender armed with a gun, knife, or other object used as a weapon, not resulting in victim injury.
Dept of Justice (http://www.ojp.usdoj.gov/bjs/abstract/cvus/definitions.htm#aggravated_assault)

Aggravated assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Attempts are included since it is not necessary that an injury result when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.www.fbi.gov/ucr/cius_00/00crime2_6.pdf+aggravated+assault+definition&hl=en&ie=UTF-8 (http://216.239.41.104/search?q=cache:MOAS8Q-8uoEJ:FBI

If you go Googling for Aggravated Assault Definition (http://www.google.com/search?sourceid=navclient&ie=UTF-8&oe=UTF-8&q=aggravated+assault+definition) I doubt you'll find any definition that includes bothering someone and getting them a little wet. You can "what if" it all you want, but it still does not meet the LEGAL definition of Aggravated Assault.
Looking up Aggravated , then Assault in your Funk and Wagnell's is as legitimate as looking up Killer then Tomato, and I don't think you'll find Funk and Wagnell's in many judges law libraries.