Title: Cop Pulls Gun, Threatens to Arrest Man After Accusing Him Of Cutting In Line At RedBox Kiosk Source:
Free Thought Project URL Source:http://thefreethoughtproject.com/du ... ing-cutting-line-redbox-kiosk/ Published:Apr 1, 2015 Author:Cassandra Fairbanks Post Date:2015-04-02 08:22:00 by Deckard Keywords:None Views:3177 Comments:33
Sgt. Paul Story of the Knock County Sheriff’s Office will reportedly not be disciplined after pulling his gun and threatening a man while off-duty and in line at a RedBox kiosk. Audio of the incident was captured when he called 9-1-1 to request an on-duty officer’s assistance.
The obscenity-laced exchange began when Sgt. Story accused Timothy Nelson of cutting in line.
When Nelson asked why the officer was doing this, as he brandished his weapon and threatened him with arrest, the officer replied with an abusive rant.
“Because you’re a bitch. You think you’re somebody. You’re not. Just shut the hell up. I’m done talking to you. I want someone else to come out here and talk to your dumb ass. I’m going to put you in jail is what I’m going to do.” Story is heard saying.
After the incident, Nelson threatened to file a $25,000 lawsuit, but ultimately decided to accept a settlement of $2,500 from the department.
That’s right, despite the officer being off-duty at the time of the exchange, the settlement will still be coming from the pockets of the taxpayers. We are apparently not only responsible for footing the bill over their bad behavior when they are on duty, but we are responsible for their reckless antics off the clock as well.
To make this even more troubling, Nelson never filed an official complaint before accepting the settlement. Therefore, no investigation will take place. This means that despite costing the tax payers money, this officer will not be disciplined in any way.
A search for the word settlement on The Free Thought Project will horrify you at what this nation spends while in many cases allowing these nightmare cops to continue to roam the streets.
When will Americans put an end to this and tell the police that we don’t want to continue to pay for their violence and wrongdoing?
Doctors, who are required to carry it, become uninsurable if a company has to shell out too many settlements, this makes bad doctors unemployable.
If officers were responsible for their own actions, instead of taxpayers footing the bills, not only would it free up a whole lot of tax money, but officers may be inclined to protect their wallets and behave a little better.
"To make this even more troubling, Nelson never filed an official complaint before accepting the settlement. Therefore, no investigation will take place."
Too bad. Then the other people in line could have testified that this ignorant, self-important yahoo cut to the front of the line and, when confronted about that, threatened the off-duty cop.
Oops. Picked the wrong guy to bully.
By identifying himself as law enforcement, showing his weapon and immediately calling for back-up, the off-duty cop prevented the situation from escalating into a physical altercation.
The bully is lucky he didn't throw popcorn in the cops face. He'd be a dead man and I, for one, wouldn't shed a tear.
Right - the cop accused the guy of cutting in line.
Must be true if a cop said it.
It comes as no surprise to anyone here that you believe that a cop should be legally allowed to threaten with a gun someone they think has cut ahead of them in a line.
“Because you’re a bitch. You think you’re somebody. You’re not. Just shut the hell up. I’m done talking to you. I want someone else to come out here and talk to your dumb ass. I’m going to put you in jail is what I’m going to do.”
Yeah, the guy has some major anger issues as well as being a megalomaniacal asshole.
It comes as no surprise to anyone here that you believe that a cop should be legally allowed to threaten with a gun someone they think has cut ahead of them in a line.
If a gun was pulled and aimed, the cop should have been ready to give a very convincing explanation of why there was no arrest.
The cop was assaulted. There should have been an arrest. There should have been an investigation, too, but that wasn't done either.
If the cop was assaulted while his weapon was drawn and he had identified himself as a policeman (including off-duty), he should be investigated for failing to make an arrest.
But he wasn't assaulted. So trying to pretend that he was just doesn't cut it.
At the very minimum, it requires some hostile and deliberate physical contact.
I don't think assault charges always require an injury. This may vary across states a bit. In a lot of states, you get charged with assault (and resisting arrest) if you just shove an arresting policeman (uniformed or self-identified).
"S 120.00 Assault in the third degree. A person is guilty of assault in the third degree when: 1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 2. He recklessly causes physical injury to another person; or 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the third degree is a class A misdemeanor."
as·sault YÈsôlt/ verb 1. make a physical attack on. "he pleaded guilty to assaulting a police officer" synonyms: attack, hit, strike, punch, beat up, thump; More
So you can't be charged with assaulting a cop in NY unless you actually cause him (or a bystander) to be physically injured?
Correct... there always has to be a level of describable injury for the lowest assault, Assault 3rd... and a DOCUMENTED level of physical injury (documented by medical records) for the felony levels of assault, 2nd and 1st.
There is a subsection in the felony level assault that allows for a felony level assault charge with a lessor amount of injury, for a police officer to be injured. You'll have to review the 120 section of the NYS Penal law.
Physical contact, with low levels of injury... like a scratch, black eye or bloody lip would be just a Harassment 2nd Degree... a simple violation like speeding.
So you can't be charged with assaulting a cop in NY unless you actually cause him (or a bystander) to be physically injured?
Other states have a lower bar for assault, I think. Maybe nolu has some quickie assault chart by state. He's always got that stuff.
Under the NY statute, the physical injury must cause "substantial pain." However, if you wind up and swing at a cop, or anyone else, and you fail to cause such injury, but not for lack of trying, perhaps because your victim evaded the brunt of the blow, you could still be charged with Attempt to commit a crime which is categorized the same as the crime that was attempted.
NY Code - Section 110.00: Attempt to commit a crime
A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.
NY Code - Section 110.05: Attempt to commit a crime; punishment
An attempt to commit a crime is a: 1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, aggravated murder as defined in subdivision one of section 125.26 of this chapter, criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree, criminal possession of a chemical or biological weapon in the first degree or criminal use of a chemical or biological weapon in the first degree; 2. Class A-II felony when the crime attempted is a class A-II felony; 3. Class B felony when the crime attempted is a class A-I felony except as provided in subdivision one hereof; 4. Class C felony when the crime attempted is a class B felony; 5. Class D felony when the crime attempted is a class C felony; 6. Class E felony when the crime attempted is a class D felony; 7. Class A misdemeanor when the crime attempted is a class E felony; 8. Class B misdemeanor when the crime attempted is a misdemeanor.
The NY statute differs some from the classical definition where striking someone might be known as assault and battery.
The cited article lists Knock County, but it appears this should be Knox County, Tennessee. Assault under the Tennessee code does not require physical injury as does the New York code.
2010 Tennessee Code Title 39 - Criminal Offenses Chapter 13 - Offenses Against Person Part 1 - Assaultive Offenses
39-13-101. Assault.
(a) A person commits assault who:
(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
(b) (1) Assault is a Class A misdemeanor unless the offense is committed under subdivision (a)(3), in which event assault is a Class B misdemeanor; provided, that, if the offense is committed against a law enforcement officer under this section, then the maximum fine shall be five thousand dollars ($5,000).
(2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a victim as defined in § 36-3-601(8), and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.
Classically, or generally, assault has been said to be when you draw back your fist, and battery is when your fist comes forward and makes contact.
From Black's Law Dictionary, Sixth Edition: (case citations omitted)
Assault. Any willful attempt tor threat to inflict injury upon the person of another, when couled with an apparent present ability so to do, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm, constitutes an assault. An assault may be committed without actually touching, or striking, or doing bodily har., to the person of another.
Frequently used to describe illegal force which is technically a battery. For crime of assault victim need not be apprehensive of fear if the outward gesture is menacing and defendant intends to harm, though for tort of assault, element of victims apprehension is required.
[snip]
Note: a tort is a civil offense for which one individual may sue another for damages, as opposed to a crime which the government prosecutes and punishes.
Assault and batttery. Any unlawful touching of another which is without justification or excuse. It is both a tort, as well as a crime. The two crimes differ from each other in that battery requires physical contact of some sort (bodily injury or offensive touching), whereas assault is committed withot physical contact. In must jurisdictions, statutes have created aggravated assaults and batteries, punishable as felonies, and worded in various ways.
Battery. Intentional and wrongful physical contact with a person without his or her consent that entails some injury or offensive touching. Criminal battery, defined as the unlawful application of force to the person of another, may be divided into its three basic elements: (1) the defendants cnduct (act or omission) (2) his "mental state," which may be an intent to kill or injure, or criminal negligence, or perhaps the doing of an unlawful act; and (3) the harmful result to the victim, which may be either a bodily injury or an offensive touching. What might otherwise be a batttery may be justified; and the consent of the victim may under some circumstances constitute a defense. The consummation of an unlawful assault.
