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Marine charged w/ brandishing in NJ

Discussion in 'Legal' started by OEF_VET, Jul 23, 2003.

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  1. OEF_VET

    OEF_VET Member

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    Remember the Marine who was made famous by being filmed giving singing and dancing lessons, as well as candy, to the Iraqi kids? I just saw on MSNBC that he was arrested and charged with brandishing a weapon in New Jersey. According to 'Countdown with Kieth Olbermann', the Marine was home on leave when he was arrested. Allegedly, he was seen waving around a bb gun. The report said the gun had the orange barrel cap removed, making it difficult to distinguish from a real weapon. Calls were apparently made to the local PD, who arrested the Marine.

    I've tried to find a reference to the story on the 'net, but have come up empty-handed. I can't imagine there can't be at least something to the story. Makes me wonder what this dumb-a** was thinking? I guess he figured he was some kind of hero, and could do whatever he wanted to do.

    Frank
     
  2. PATH

    PATH Member

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    Yes! New Jersey. Arresting Marines in order to keep us all safe. What can you say about stupidity like this. Ship the idiots who arrested him over to Iraq.
     
  3. Erik

    Erik Member

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    I'd review a few threads here and elsewhere on what the proper reaction to brandishing is. Per us, shots fired is a valid answer.

    That said, of course the cops should be able to arrest him.
     
  4. NIGHTWATCH

    NIGHTWATCH Member

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    Food for thought to any X military and LE. The government is not your friend. :(
     
  5. Steve in PA

    Steve in PA Member

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    Which is why I avoid NJ like the plague. I feel bad enough living next door!!
     
  6. Raymond VanDerLinden

    Raymond VanDerLinden Member

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    Putting on my Nomex, retrieving Fire extingisher........

    Gentelmen,
    If someone, ANYONE, is brandishing what appears to be an Operable Firearm in my direction without appearant reason getting arrested will be the least of his worries. I don't care if he was doing good PR in Iraq or if he just recieved the CMH (Congressional Metal of Honor) and is still wearing it.

    I believe that if you think about it you would agree. However if you are just anti- Law Enforcement flame away.

    Erik I have some Spare Nomex if you need it. ;)
     
  7. OEF_VET

    OEF_VET Member

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    Raymond,

    I wholeheartedly agree with you. This dumba** was probably trying to act 'cool' with his friends, since he is a big-time war hero and all, and most likely thought his 15 minutes of fame would save him. Most states would probably let the military handle it under the UCMJ, and he'd get an Article 15. But, since this is NJ we're talking about, maybe they'll actually give this joker some real food for thought.

    Frank
     
    Last edited: Jul 23, 2003
  8. Nathaniel Firethorn

    Nathaniel Firethorn Member

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    http://www.nbc5.com/news/2351932/detail.html

    PRNJ deserves a lot of bashing, but not here. Rivera might well have been arrested if he'd done the same thing in Houston or Montpeiler.

    - pdmoderator
     
  9. WT

    WT Member

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    New Jersey has no "brandishing" statute per se. It does have a statute saying that pointing a weapon at somebody, loaded or unloaded, real or not, can justify the use of deadly force in return.

    Secondly, last year a Ft. Dix soldier went on a shooting spree and shot 4 cops in NJ. He was later shot dead by LEO's. NJ cops can't be blamed for being antsy around soldiers who are not authorized to carry firearms. Ft. Dix is not that far away from Red Bank.

    As an aside, in 1971 Dwight Johnson was shot down by Detroit, MI police while trying to rob a grocery store. Mr. Johnson had been awarded the Medal of Honor in Vietnam.
     
  10. The Plainsman

    The Plainsman Member

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    Would somebody define "brandishing" for me and then describe exactly what this young man did, before we try him, convict him and pass sentence?

    I know of cases where the mere presence of a firearm in the lap of a car passenger, was considered "brandishing" when another passing motorist happened to look in and see it. It made no difference that the gun was not loaded, no ammo was available, and it was simply lying in a guy's lap as he examined it.

    To do all this with a toy gun, or even a pellet gun, somehow fails to meet my personal standard for "brandishing" a firearm.

    Give the guy a break. :rolleyes:
     
  11. Nathaniel Firethorn

    Nathaniel Firethorn Member

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    PRNJ brandishing statutes

    You're correct that there are no brandishment statutes in PRNJ. It's covered under the assault charge:
    So they've got him on simple assault, if he was waving a realistic toy gun around. Aggravated is possible, but I don't know the circumstances.

    Recall that in PRNJ a BB gun is defined as a firearm. :rolleyes:

    - pdmoderator
     
  12. El Tejon

    El Tejon Member

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    Is a luftgewehr a "firearm" or "imitation firearm" under New Jersey law?!?!:eek:
     
  13. Nathaniel Firethorn

    Nathaniel Firethorn Member

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    Yep. Luftgewehr pellets are up to 6.5 mm, which is a shade over 1/4 inch. Under PRNJ law, a luftgewehr is a firearm.

    Under PRNJ law, a bombardier beetle is a firearm, too. :rolleyes:

    - pdmoderator
     
  14. El Tejon

    El Tejon Member

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    pd, thanks. Man, I knew things were bad out there, but geez.:rolleyes:
     
  15. Carlos

    Carlos Member

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    When I lived on Long Island, NY, as a kid, we made rubber band guns and screwed around, like most normal kids did, with bows and arrows, etc.

    Looks like in New Joisey, that little device made from clothespins, etc., is defined as a firearm. Pathetic.

    Where do these "wonderful" minds come from that make up this crap?



    :banghead: :banghead: :banghead: :fire:
     
  16. Matt1911

    Matt1911 Member

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    It's unclear to me,from this and others i have read,wheather this was a altercation,or "story time"of his exploits in Iraq.
    Anyone know? That would seem to make a world of differance.
     
  17. Duncan Idaho

    Duncan Idaho member

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    As a former Navy guy, I can't believe that I am about to say this, but here it goes anyway.

    The kid just spent months around normal people, and he just didn't realize that he was back in a cesspool full of sheeple droppings a.k.a. the People's Demoratik Republik of Joisy, in this case exit 105 off the Garden State Parkway, but I digress.

    Had he still been around normal people, and he was waving a toy gun around, the normal people would have said, "Hey! Moron! Quit waving the damn gun around you freakin' idiot!!!!

    Problem solved.

    Unfortunately for our erstwhile hero, the P.D.R.J. is rife with sheeple droppings a.k.a. Joisyans.

    Sheeple droppings bleat to the cops no matter what the circumstance. Joisy police who are overcome by their own sense of self-importance (having been made all-powerful by virtue of sheeple droppings having no spine) have no sense of discretion, or of common sense. So, instead of telling our erstwhile hero to get a frigging brain to put into that jarhead of his, they arrest him.

    The lesson children? If one is ever fortunate to leave a cesspool of sheeple droppings, never return. But if, for reasons of family, business, etc., one must return, one should do one's best to blend in with the droppings lest one get arrested.

    Having lived both at N.W.S. Earle, and Ft. Monmouth, I am happy to say that I have taken my own advice, and that I thank God every day for having given me the wisdom to do so.

    Thus endeth the lesson. :rolleyes: :scrutiny: :uhoh: :barf: :banghead: :cuss: :fire:
     
  18. Cosmoline

    Cosmoline Member

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    I wonder how long I'd last in NJ

    In the eyes of the NJ authorities, I strongly suspect that I "brandish" firearms all the time, taking them from place to place. Cleaning them. Dry firing at mounds of earth. Heck, I even cap off blanks to celebrate holidays in lieu of the far more hazardous (and illegal) bottle rockets.
     
  19. agricola

    agricola Member

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    on an unrelated note, i'd say that rapping for iraqi kids might not come under the definition of "hero", at least not any more than the rest of the people that went out there
     
  20. JohnBT

    JohnBT Member

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    "...after being seen driving down Johns Street with the gun in hand..."

    So how stupid is this guy? He's lucky somebody didn't shoot him.

    How was anybody supposed to know it wasn't a 'real' gun. Would we be having this discussion if he'd used the same gun to hold up a bank?

    John
     
  21. Sergeant Bob

    Sergeant Bob Member

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    Wow, I used to walk around my neighborhood with a SHOTGUN in my hand and nobody ever called the law on me.
    Arrested for what?

    Ah! I see! He violated the State color coordination laws. This should be turned over to the FBI (Fashion Bureau of Investigation). Lock him up and throw away the key!! :barf:
     
  22. WonderNine

    WonderNine member

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    Stories like this really make you proud to be an American don't they??? :scrutiny:

    Makes me want to join the marines and fight for our Constitution. :scrutiny:
     
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