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:3158 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.
Each state would be a little different. I'd be interested if you could find a state that has "assault", any level, on their penal law books that doesn't require physical injury.
(a)A person is guilty of simple assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another.
(b)A person is guilty of battery if he intentionally, knowingly or recklessly causes bodily injury to another person by use of physical force.
(c)Except as provided by subsection (e) of this section, simple assault is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).
(d)Except as provided by subsection (f) of this section, battery is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Notwithstanding any other provision of law, the term of probation imposed by a judge under this subsection may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation, together with any extension thereof, shall in no case exceed one (1) year.
(e)Repealed By Laws 2014, Ch. 13, 3.
(f)Repealed By Laws 2014, Ch. 13, 3.
(g)A person is guilty of unlawful contact if he:
(i)Touches another person in a rude, insolent or angry manner without intentionally using sufficient physical force to cause bodily injury to another; or
(ii)Recklessly causes bodily injury to another person.
(h)An unlawful contact under subsection (g) of this section is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00) or both.
6-2-502.Aggravated assault and battery; penalty.
(a)A person is guilty of aggravated assault and battery if he:
(i)Causes or attempts to cause serious bodily injury to another intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
(ii)Attempts to cause, or intentionally or knowingly causes bodily injury to another with a deadly weapon;
(iii)Threatens to use a drawn deadly weapon on another unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another; or
(iv)Intentionally, knowingly or recklessly causes bodily injury to a woman whom he knows is pregnant.
(b)Aggravated assault and battery is a felony punishable by imprisonment for not more than ten (10) years.
6-2-503.Child abuse; penalty.
(a)A person who is not responsible for a child's welfare as defined by W.S. 14-3-202(a)(i), is guilty of child abuse, a felony punishable by imprisonment for not more than five (5) years, if:
(i)The actor is an adult or is at least six (6) years older than the victim; and
(ii)The actor intentionally or recklessly inflicts upon a child under the age of sixteen (16) years:
(A)Physical injury as defined in W.S. 14-3-202(a)(ii)(B); or
(B)Mental injury as defined in W.S. 14-3-202(a)(ii)(A).
(b)A person is guilty of child abuse, a felony punishable by imprisonment for not more than five (5) years, if a person responsible for a child's welfare as defined in W.S. 14-3-202(a)(i) intentionally or recklessly inflicts upon a child under the age of eighteen (18) years:
(i)Physical injury as defined in W.S. 14-3-202(a)(ii)(B), excluding reasonable corporal punishment; or
(ii)Mental injury as defined in W.S. 14-3-202(a)(ii)(A).
(c)Aggravated child abuse is a felony punishable by imprisonment for not more than twenty-five (25) years if in the course of committing the crime of child abuse, as defined in subsection (a) or (b) of this section, the person intentionally or recklessly inflicts serious bodily injury upon the victim.
6-2-504.Reckless endangering; penalty.
(a)A person is guilty of reckless endangering if he recklessly engages in conduct which places another person in danger of death or serious bodily injury.
(b)Any person who knowingly points a firearm at or in the direction of another, whether or not the person believes the firearm is loaded, is guilty of reckless endangering unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another or as provided for under W.S. 6-2-602.
(c)Reckless endangering is a misdemeanor punishable by imprisonment for not more than one (1) year.
6-2-505.Terroristic threats; penalty.
(a)A person is guilty of a terroristic threat if he threatens to commit any violent felony with the intent to cause evacuation of a building, place of assembly or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such inconvenience.
(b)A terroristic threat is a felony punishable by imprisonment for not more than three (3) years.
6-2-506.Stalking; penalty.
(a)As used in this section:
(i)"Course of conduct" means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose;
(ii)"Harass" means to engage in a course of conduct, including but not limited to verbal threats, written threats, lewd or obscene statements or images, vandalism or nonconsensual physical contact, directed at a specific person or the family of a specific person, which the defendant knew or should have known would cause a reasonable person to suffer substantial emotional distress, and which does in fact seriously alarm the person toward whom it is directed.
(b)Unless otherwise provided by law, a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct reasonably likely to harass that person, including but not limited to any combination of the following:
(i)Communicating, anonymously or otherwise, or causing a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses;
(ii)Following a person, other than within the residence of the defendant;
(iii)Placing a person under surveillance by remaining present outside his or her school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or
(iv)Otherwise engaging in a course of conduct that harasses another person.
(c)This section does not apply to an otherwise lawful demonstration, assembly or picketing.
(d)Except as provided under subsection (e) of this section, stalking is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(e)A person convicted of stalking under subsection (b) of this section is guilty of felony stalking punishable by imprisonment for not more than ten (10) years, if:
(i)The act or acts leading to the conviction occurred within five (5) years of a prior conviction under this subsection, or under subsection (b) of this section, or under a substantially similar law of another jurisdiction;
(ii)The defendant caused serious bodily harm to the victim or another person in conjunction with committing the offense of stalking;
(iii)The defendant committed the offense of stalking in violation of any condition of probation, parole or bail; or
(iv)The defendant committed the offense of stalking in violation of a temporary or permanent order of protection issued pursuant to W.S. 7-3-508 or 7-3-509, or pursuant to a substantially similar law of another jurisdiction.
6-2-507.Abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult; penalties.
(a)Except under circumstances constituting a violation of W.S. 6-2-502, a person is guilty of abuse, neglect, abandonment or exploitation of a vulnerable adult if the person intentionally or recklessly abuses, neglects, abandons, intimidates or exploits a vulnerable adult.
(b)Reckless abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult is a misdemeanor, punishable by not more than one (1) year in jail, a fine of one thousand dollars ($1,000.00), or both, and registration of the offender's name on the central registry.
(c)Intentional abuse, neglect or abandonment of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender's name on the central registry.
(d)Exploitation of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender's name on the central registry.
(e)As used in this section:
(i)"Abandonment" means as defined in W.S. 35-20-102(a)(i);
(ii)"Abuse" means as defined in W.S. 35-20-102(a)(ii);
(iii)"Caregiver" means as defined in W.S. 35-20-102(a)(iv);
(iv)"Central registry" means the registry established under W.S. 35-20-115;
(v)"Exploitation" means as defined in W.S. 35-20-102(a)(ix);
(vi)"Neglect" means as defined in W.S. 35-20-102(a)(xi);
(vii)"Vulnerable adult" means as defined in W.S. 35-20-102(a)(xviii).
6-2-508.Assault and battery on corrections or detention officer; penalties; definitions.
(a)A person is guilty of assault and battery on a corrections or detention officer if he recklessly:
(i)Propels any dangerous substance at the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties; or
(ii)Tampers with or alters any item by contaminating the item with any dangerous substance, if the item may be handled or consumed by the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties.
(b)A person is guilty of aggravated assault and battery on a corrections or detention officer if he intentionally or knowingly:
(i)Propels any dangerous substance at the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties; or
(ii)Tampers with or alters any item by contaminating the item with any dangerous substance, if the item may be handled or consumed by the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties.
(c)A violation of subsection (a) of this section is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
(d)A violation of subsection (b) of this section is a felony punishable by a fine of not more than five thousand dollars ($5,000.000), imprisonment for not more than five (5) years, or both.
(e)A violation of subsection (b) of this section, by a person who knows he has a contagious life threatening disease and who commits the violation with the intent to infect a corrections officer, detention officer or staff member with the contagious life threatening disease, shall result in the enhancement of the sentence entered under subsection (d) of this section by a period of imprisonment for not more than ten (10) years.
(f)As used in this section:
(i)"Dangerous substance" includes, but is not limited to, blood, urine, saliva, vomitus, semen and feces;
(ii)"Corrections officer" means a person who is employed by the department of corrections and works at a department of corrections facility to care for, supervise and control persons in the custody of the department of corrections;
(iii)"Detention officer" means a person who is employed by a county or municipality to care for, supervise and control persons detained in a jail or holding facility and includes a peace officer in the detention setting;
(iv)"Staff member" means:
(A)A department of corrections staff member, or a person employed pursuant to a contract with the department of corrections, who works with, or in the vicinity of, inmates; and
(B)A volunteer authorized by the department of corrections or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates.
6-2-509.Strangulation of a household member; penalty.
(a)A person is guilty of strangulation of a household member if he intentionally and knowingly or recklessly causes or attempts to cause bodily injury to a household member by impeding the normal breathing or circulation of blood by:
(i)Applying pressure on the throat or neck of the household member; or
(ii)Blocking the nose and mouth of the household member.
(b)Strangulation of a household member is a felony punishable by imprisonment for not more than five (5) years.
(c)For purposes of this section, "household member" means as defined in W.S. 35-21-102(a)(iv)(A) through (D), (G) and (H).
6-2-510.Domestic assault.
(a)A household member is guilty of domestic assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another household member.
(b)Domestic assault is punishable as follows:
(i)By a fine of not more than seven hundred fifty dollars ($750.00);
(ii)By imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the person has previously been convicted of domestic assault or if the person has previously been convicted of the following or similar offense against another household member:
(A)Domestic battery under W.S. 6-2-511;
(B)Simple assault under W.S. 6-2-501(a);
(C)Battery under W.S. 6-2-501(b);
(D)Aggravated assault and battery under W.S. 6-2-502;
(E)Child abuse under W.S. 6-2-503; or
(F)Reckless endangering under W.S. 6-2-504.
(c)If a person sentenced under paragraph (b)(ii) of this section is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum six (6) months imprisonment, provided the term or probation, including extensions, shall not exceed one (1) year.
(d)As used in this section:
(i)"Convicted" means a person has been convicted upon a plea of guilty or no contest or has been found guilty;
(ii)"Household member" means as defined in W.S. 35-21-102;
(iii)"Similar offense" means a substantially similar law of this or any other state, tribe or territory.
6-2-511.Domestic battery.
(a)A household member is guilty of domestic battery if he knowingly or recklessly causes bodily injury to another household member by use of physical force.
(b)Domestic battery is punishable as follows:
(i)By imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both;
(ii)By imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if within the previous five (5) years, the person has been convicted of domestic battery or the following or similar offense against another household member:
(A)Domestic assault under W.S. 6-2-510;
(B)Simple assault under W.S. 6-2-501(a);
(C)Battery under W.S. 6-2-501(b);
(D)Aggravated assault and battery under W.S. 6-2-502;
(E)Child abuse under W.S. 6-2-503; or
(F)Reckless endangering under W.S. 6-2-504.
(iii)By imprisonment for not more than five (5) years, a fine of not more than two thousand dollars ($2,000.00), or both, if within the previous ten (10) years, the person has been convicted of domestic battery two (2) or more times or has been convicted of domestic battery and the following or similar offense against another household member:
(A)Domestic assault under W.S. 6-2-510;
(B)Simple assault under W.S. 6-2-501(a);
(C)Battery under W.S. 6-2-501(b);
(D)Aggravated assault and battery under W.S. 6-2-502;
(E)Child abuse under W.S. 6-2-503; or
(F)Reckless endangering under W.S. 6-2-504.
(c)If a person sentenced under paragraph (b)(ii) of this section is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum imprisonment of one (1) year, provided the term or probation, including extensions, shall not exceed two (2) years.
(d)As used in this section:
(i)"Convicted" means a person has been convicted upon a plea of guilty or no contest or has been found guilty;
(ii)"Household member" means as defined in W.S. 35-21-102;
(iii)"Similar offense" means a substantially similar law of this or any other state, tribe or territory.
Tip O'Neill used to say that all politics is local. Well, so are non-federal assault laws.
There are 50 states and, it seems, about 50 different standards as to what exactly constitutes assault, with or without battery.
