Headless Thompson Gunner
Member
The bully's family, and their lawyer, are going to become very wealthy.
Federal Agent threatens school bully....
- Thread starter Autolycus
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I though about that one too, but you'd have to establish grave risk, vs. the class 2 section which states substantial risk. It also mentions a "depraved indifference" to human life. I could see it if he were shooting into the school, but it doesn't fit here. That may also be why it mattered whether or not the gun was loaded.
The same level of crime as what he's charged with, and for the same act. Double jeopardy.
As above, the same level of misdemeanor for the same act. You couldn't win it because it would result in muliple punishments for the same offense. The definition of double jeopardy.
Don't get me wrong, the guy went off his rocker, but he's clearly being dealt with appropriately.
Nitrogen
Member
Despite how wrong it was for the father to do that, I bet that kid will never bully another kid in his lifetime.
Master Blaster
Member
He touched him, in fact grabbed him and shoved a loaded gun into his stomach. Thats not menacing thats assault, felonius assault with a deadly weapon.
Around here that would be assault, assault with a deadly weapon. On school grounds with other children around. reckless endangerment. Endangering the welafare of a child as well.
Since he committed a violent felony his legal carry status is null and void. So that would add posession of a firearm by a person prohibited in a safe school and recreation zone.
So counting the federal felony here he's looking at 15 years minimum mandatory if he were a CIVILIAN.
But since hes a POPO he gets a $100 fine and 5 hail Marys and one Our father.
Of course being a LEO and all:
"he's the only one professional enough to handle a gun around here"
Probably just Roid rage I wonder how much he can bench???????
Derby FALs
Member In Memoriam
Where do they deduce that the kid was a bully?
Otherguy Overby
member
Double standard examples.
Have you ever looked through NYPD Rant?
http://p066.ezboard.com/bnypdrant64609
Have you ever looked through NYPD Rant?
http://p066.ezboard.com/bnypdrant64609
Attachments
I think you've gone way off the deep end with this one. What you are speaking of would be an assault in the first degree. To have committed this crime in New York you have to satisfy at least two elements. First there has to be an intent to commit serious bodily harm, and second you must indeed cause such harm.
It just didn't happen that way whether the guy's an LEO or not.
Master Blaster
Member
BULLCRAP
He assaulted him with a gun, if he were a civilian, he would be in a cell at RIKERS Island looking at a laundry list of at least 10 different charges half of them serious felonies. They do that to ciivilians in NYC for just having a gun on them with no permit.
Autolycus
Member
Yes the people on the Glocktalk "Coptalk" Forum are rediculous when it comes to double standards. This NYPDRant looks rediculous as well.
I don't see it, read it for yourself, he didn't even satisfy the elements of an assault in the 3rd degree:
The problems with the assault charge are these:
1. Demonstrating that he intended to cause injury.
2. Demonstrating that he caused injury.
I can only rely on the story that was posted here, but it doesn't seem that the boy was injured in the least.
JohnBT
Member
"Based on a review of our prior cases, we conclude that, like the majority of jurisdictions, our prior cases compel the conclusion that a common law assault, whether a crime or tort, occurs when an assailant engages in an overt act intended to inflict bodily harm and has the present ability to inflict such harm or engages in an overt act intended to place the victim in fear or apprehension of bodily harm and creates such reasonable fear or apprehension in the victim." - Virginia Court of Appeals decision
Note the "...or engages in an overt act intended to place the victim in fear or apprehension of bodily harm..."
JBT
Note the "...or engages in an overt act intended to place the victim in fear or apprehension of bodily harm..."
JBT
Yeah, but you're talking about Virginia and the crime took place in New York. Even if you argue that it was an assault, the menacing code fits the act perfectly. That's what you look for when charging someone. Again, you can't charge him multiple times for the same act.
mrmeval
Member
Indiana law
In Indiana pointing a loaded gun is a felony, misdemeanor if not loaded. There are exclusions of course. There are other laws that cover using a firearm during another crime. This is a catchall for when they can't use those.
IC 35-47-4-3 Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
[As added by P.L.296-1995, SEC.2.]
In Indiana pointing a loaded gun is a felony, misdemeanor if not loaded. There are exclusions of course. There are other laws that cover using a firearm during another crime. This is a catchall for when they can't use those.
IC 35-47-4-3 Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
[As added by P.L.296-1995, SEC.2.]
cracked butt
Member
I'm glad that there aren't any more illegal aliens running around in this country allowing this agent to have time to tackle other problems in our society.
Its really too bad that this incident didn't happen in Texas- on the kid's front lawn, while the kid's dad was home with a rifle in easy reach.I read stories nowadays of children being suspended after merely mentioning that they have firearms at home, true or not. A man brandishes a gun without provocation and threatens a child with it at school and it's a misdemeanor?
Again, someone explain the sense of this to me.
jmm
Again, someone explain the sense of this to me.
jmm
Autolycus
Member
SARCASM MODE ON...
Well things work differently when your a "Special Agent" and when your a civilian.
You do not know the pressures these people face everyday. They are out there protecting you day in and day out. The people of NYC are not able to take care of themselves. They would do all kinds of crazy things like have shootouts in the street over parking lots. All hell would break loose. This agent was probably stressed out from playing superhero and protecting the little people from all of the maniacs running around with guns.
Won't someone please think of the children? Oh wait...
SARCASM MODE OFF...
Seriously things work differently when you are a LEO and when you are a non-LEO. This is the sad fate of the country. The government employees are free to break the law and nobody (at least the majority) wants to say anything. They really do not care anymore. Its a sad state of affairs today.
Well things work differently when your a "Special Agent" and when your a civilian.
You do not know the pressures these people face everyday. They are out there protecting you day in and day out. The people of NYC are not able to take care of themselves. They would do all kinds of crazy things like have shootouts in the street over parking lots. All hell would break loose. This agent was probably stressed out from playing superhero and protecting the little people from all of the maniacs running around with guns.
Won't someone please think of the children? Oh wait...
SARCASM MODE OFF...
Seriously things work differently when you are a LEO and when you are a non-LEO. This is the sad fate of the country. The government employees are free to break the law and nobody (at least the majority) wants to say anything. They really do not care anymore. Its a sad state of affairs today.
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