Brandishing for SD video, justified or not?

[offthepaper]

I've been shown a video on youtube that shows 2 yahoo's chasing down another guy and his GF down a dead end road. After watching the video I thought this brandishing was justified. However after showing it to 3 coworkers we were divided on whether it was justified, along with several other actions the intended victim took during the confrontation.
What do you think of the brandishing and other actions taken by the intended victim and his GF?

http://www.youtube.com/watch?v=RPofRQdREyU

 

[cwsample]

I guess technically he just robbed those guys....he left with their property.

 

[Jeff White]

That video was staged. It's as real as anything you'd see on a low budget TV show. A search should bring up a few threads on it.

Jeff

 

[Treo]

If you go to the site that it originally posted on the actors that did it all say it's fake.

Which brings up an interesting question. Given that all the participants were aware of the script, was the "brandishing" scene illegal? (IOW) if a cop caught them filming the scene and all four said "look we're actors, we're just doing a skit. Everythings fine. " Would there still be grounds fo an arrest?

 

[Fred Fuller]

Best bet is to not do that sort of thing in public at all- "professional driver on a closed course," as the car commercials say. Failing that, it's far better to inform local LE in advance of such filming, rather than risk it getting reported as a mugging in progress/man with a gun etc.

Doing stupid stuff in public is still stupid... even with a camera present.

lpl/nc

 

[ilbob]

Which brings up an interesting question. Given that all the participants were aware of the script, was the "brandishing" scene illegal? (IOW) if a cop caught them filming the scene and all four said "look we're actors, we're just doing a skit. Everythings fine. " Would there still be grounds fo an arrest?

Were the guns real? What state was it filmed in? Were the guns loaded (makes a difference in some states)?

Last but not least, there is the issue of the elements of a crime. State law will define all those elements. My guess is that something that is consensual and clearly staged would not meet the criteria for brandishing (or whatever its called in your state). It might meet the criteria for disturbing the peace (or a similar charge) though if it was not clear what was actually going on to an outside observer.

 

[Wheeler44]

What state was it filmed in?

I am pretty sure that it was filmed in a state of confusion, also i believe in the country of Canada.

 

[blackcash88]

IF this were a real situation, I'd have drawn down. Here's two hillbilly types who have obvious hostility on their minds, who are large, one has a bat (deadly weapon) and could be drunk, on meth, who knows. I also have my lady friend with me. I wouldn't have done it the way he did as I would have moved around to the other side of my car and covered them from there. If they crap their pants and leave? Awesome. If they persist towards me and my lady friend to continue their attack? Well, the range just went hot!

Oh, and for anyone wanting to watch this at work, lots of bad language. F-bombs dropped left and right.

 

[Old Guy]

Saw a staged (not supposed to be though) of the police rushing up to a bank, rushing in, and the bank robbers then driving off from the kerb, around the police cars. Supposed to take place in Montreal.
Then the cops come out and look all about, funny till I emailed to my Son in Quebec, Canada, he said play it again, watch the beginning really closely.
Sure enough, they all started on cue!

The "Police" dashed into Bank with guns drawn! that would have required police on scene for sure, in Canada.

 

[SCKimberFan]

Whether it was staged or not, the question was to the legality of "brandishing". If someone comes at me with a baseball bat, I will pull my weapon on him, as it would be a clear case of SD, with the tape to prove it. After taking the tape, I would have thrown the camera back at them.

 

[Treo]

If you go strictly by the question asked and the circumstance depicted on the video, no second guessing, no shoulda, coulda, woulda , I'd say it was totally justified.

 

[mbt2001]

I have brandished before and by that I don't mean that I have waved my gun in the air yelling, but I got in a tight spot with two thugs and pulled my shirt back showing my gun with my hand in close proximity to the weapon and they left without incident.

Of course, I was on my property at the time, so I doubt I was doing anything illegal, maybe Jeff would know, but I believe in branishing. It is nice to at least let a guy see the make an model of the gun he is about to get shot with...

 

[BlackJackal]

If it is real i believe it is justified, after all they boxed him in and came at him with a bat.. though not really a good stance or proper hold on the firearm.. waving it around not really aiming.. and vary bad mistake sending the girlfriend/wife to get the camera..