Marine charged w/ brandishing in NJ

[OEF_VET]

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

 

[PATH]

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.

 

[Erik]

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.

 

[NIGHTWATCH]

Food for thought to any X military and LE. The government is not your friend.

 

[Steve in PA]

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

 

[Raymond VanDerLinden]

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.

 

[OEF_VET]

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

 

[Nathaniel Firethorn]

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

Marine Who Rapped For Iraqi Kids Arrested
Alex Rivera Allegedly Brandished Pellet Gun

POSTED: 7:26 a.m. CDT July 23, 2003
LONG BRACH, N.J. -- A U.S. Marine who found wartime fame by entertaining Iraqi children is in trouble back home.

Lance Cpl. Alex Rivera Jr., 21, is facing weapons charges in his hometown after allegedly brandishing a pellet gun. He was arrested Thursday after being seen driving down Johns Street with the gun in hand by two people, police said.

"There were some words, but it has not been established that there was a conflict or beef between Rivera and the other people," said Lt. Bruce Johantgen. "It looks more like bravado than anything else. There were no threats."

The gun had been altered to remove orange markings that allow authorities to distinguish between toy pistols and real guns.

Rivera, who was on leave, was charged with possession of a weapon for an unlawful purpose, unlawful possession of a weapon and assault. The assault charge stemmed from Rivera's alleged brandishing; he never shot at anyone or assaulted anyone, police said. He was released on his own recognizance.

Monmouth County Prosecutor John Kaye will decide whether to present the case to a grand jury, authorities said.

Rivera, who is attached to the 2nd Battalion, 8th Marine Regiment in Camp Lejeune, N.C., provided one of the Iraq war's lightest moments last April when an NBC News crew videotaped him entertaining Iraqi children.

Rivera jumped up on a military Humvee and began dancing and singing for a group of Iraqi children. He handed out candy after entertaining the kids, who were shown mimicking his dance moves.

"I got bored so I got kind of crazy, and they looked sad so I wanted to lighten things up a little bit," he said at the time.

The images of the "Dancing Marine" were broadcast all over the world, and won Rivera praise from the Latino-American Committee of Monmouth County, which called him a role model.

Rivera's family has an unpublished telephone number, and he could not immediately be reached for comment.

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

 

[WT]

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.

 

[The Plainsman]

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.

 

[Nathaniel Firethorn]

PRNJ brandishing statutes

You're correct that there are no brandishment statutes in PRNJ. It's covered under the assault charge:

2C:12-1. Assault
2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:

(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.

b.Aggravated assault. A person is guilty of aggravated assault if he:

(4)Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

(9)Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or

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.

- pdmoderator

 

[El Tejon]

Is a luftgewehr a "firearm" or "imitation firearm" under New Jersey law?!?!

 

[Nathaniel Firethorn]

2C:39-1 Definitions.

2C:39-1. Definitions. The following definitions apply to this chapter and to chapter 58:

"Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectableball, slug, pellet,missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

v."Imitation firearm" means an object or device reasonably capable of being mistaken for a firearm.

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.

- pdmoderator

 

[El Tejon]

pd, thanks. Man, I knew things were bad out there, but geez.

 

[Carlos]

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:

 

[Matt1911]

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.

 

[Duncan Idaho]

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. :banghead:

 

[Cosmoline]

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.

 

[agricola]

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

 

[JohnBT]

"...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

 

[Sergeant Bob]

He was arrested Thursday after being seen driving down Johns Street with the gun in hand by two people, police said.

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

"It looks more like bravado than anything else. There were no threats."

The assault charge stemmed from Rivera's alleged brandishing; he never shot at anyone or assaulted anyone, police said. He was released on his own recognizance.

Arrested for what?

The gun had been altered to remove orange markings that allow authorities to distinguish between toy pistols and real guns.

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!!

 

[WonderNine]

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

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