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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: 3075
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? This is yet another example of why it is imperative that we fight for professional liability insurance for police. 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.
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#1. To: Deckard, GrandIsland (#0)
Doctors, who are required to carry it, become uninsurable if a company has to shell out too many settlements, this makes bad doctors unemployable. Damn, I've said the same for years. People get all hot over some police abuse case and celebrate when there's a lawsuit or settlement. But that only punishes the taxpayers and does nothing to curb a bad cop from doing it again and again. As an aside, police should be required to report and account for drawing a weapon on anyone if they actually point it at them. A cop pulling hig gun and taking aim should not be a casual thing. Obviously, this cop thought he'd get away with it and his supervisors would never find out that he pulled this stunt.
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. Typical of most cops.
"Prevented the situation from escalating"? Pulling a gun on an unarmed civilian for the supposed crime of cutting in line? Gee - how about just voicing your objection to the guy cutting in, if in fact he actually did? The bully is lucky... The bully in this case (as in most cases like this) was the badged thug who had to display his lack of self-control by drawing a gun on someone he thinks cut in a line.
The cop was assaulted by the civilian. That was the crime. Pulling a gun, identifying himself as a cop, and calling for backup prevented the confrontation from getting physical. "Gee - how about just voicing your objection to the guy cutting in, if in fact he actually did?" That's what the off-duty cop did. The guy responded by getting in the cops face and threatening him -- not knowing he was a cop. "The bully in this case (as in most cases like this) was the badged thug who had to display his lack of self-control by drawing a gun on someone he thinks cut in a line." That's not at all what happened.
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. So the cops drop the whole matter and what does the guy do? Threatens to sue. What an asshole.
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.
Getting in the cops face and threatening him is the legal definition of assault. So yes, he was assaulted. Why he wasn't arrested, I don't know.
In what state is that considered assault? None that I know of.
Assault requires a level of injury.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
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).
I speak of NY... It's what I know. "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
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I don't doubt you know NY's laws thoroughly. Maybe that is a more uniform across states than I realize. 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.
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.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
No. That would be battery.
Geez Louise. Am I the only one with Google? Assault 1. Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. No intent to cause physical injury needs to exist, and no physical injury needs to result. So defined in tort law and the criminal statutes of some states. (https://www.law.cornell.edu/wex/assault)
The above incident took place in Tennessee. In Tennessee, an assault in which the offender causes bodily injury or threatens the victim with immediate bodily harm is a Class A misdemeanor, which is punishable by up to 11 months and 29 days in jail or a fine up $2,500, or both.
New York labels the crimes differently. Instead of assault (the threat of violence) and battery (physical violence) they have menacing (the threat of violence) and assault (physical violence). New York Penal - Article 120 - § 120.15 Menacing in the Third Degree A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury. Menacing in the third degree is a class B misdemeanor Had this cop been in New York instead of Tennessee he would have said, "I'll have you arrested for menacing".
It's when you start looking at the statutes of various states that it gets much more thorny. Some states have special assault categories, like one just for assaulting a police or corrections officer. Or assaulting a pregnant woman, using a dog as a weapon, assaulting a member of an airliner flight crew, hate crime enhancements, etc. You can find some lists at CriminalDefenseLawyer.com. If you dig, you can find the basic frameworks for each state. And there is considerable variety, something most people don't realize. Assault is assault but the definitions vary significantly by state.
I posted a link to CriminalDefenseLawyer.com above. I've used it before and checked it against my state's actual statutes. It seemed okay but I wonder if this is an unreliable source or if there is a better similar website available to the public.
I thought assault wasn't physical. That is where battery comes in. Assault and battery. If I spelled battery right for this definition.
Wishing someone dead for cutting in line is a bit much. I had a guy cut in line in front of me before. It was at the porta potties back in the 90's. I went and told an officer. I ended up arrested. But I won in court representing myself.
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.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I agree. But I said had he been shot and killed I wouldn't have shed a tear. "I had a guy cut in line in front of me before. It was at the porta potties back in the 90's." Well, that could've been an emergency. Renting a movie is not.
Yeah. Tennessee. I cited that in my post #18. It's equivalent to "menacing" in New York.
You are correct. But GrandIsland is from New York and they don't have "battery". Physical contact is called "assault. Verbal assault in New York is called "menacing".
Let's explore a state that follows the general "assault and battery" model. Wyoming Legislative Service Office: ARTICLE 5 - ASSAULT AND BATTERY ARTICLE 5 - ASSAULT AND BATTERY 6-2-501. Simple assault; battery; penalties. (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.
Well, given that the above confrontation occurred in Tennessee, let's go ahead and use their standard -- which I summarized in post #18. In Tennessee, an in- your-face verbal threat is "assault".
Not so different than WY. But you have other states where "assault" is actually what other states will call "assault and battery". It's kind of a crazy quilt of different standards.
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. http://codes.lp.findlaw.com/nycode/PEN/THREE/G/110/110.00 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. http://codes.lp.findlaw.com/nycode/PEN/THREE/G/110/110.05 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. http://law.justia.com/codes/tennessee/2010/title-39/chapter-13/part-1/39-13-101 39-13-101. Assault. (a) A person commits assault who: (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). [Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 11; 2002, ch. 649, § 1; 2009, ch. 412, § 1.] 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) 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. [snip]
For blogging, I would prefer to dig out the actual statute from a government source that is likely to be up to date. For ass in a jam purposes, I would recommend a lawyer of the jurisdiction and area of concern. Each state law can be different, and Louisiana is very different from the other 49.
Oy. That's hard. Just posting that WY assault statute and I had to do extensive reformatting with regular expressions (fancy search/replace functions) in a programmers' text editor. I guess there is no uniform standard for publishing these statutes. And the various free law sites that offer summaries of these laws often get out of date so you can't rely on them.
This is yet another example of why it is imperative that we fight for professional liability insurance for police.
#2. To: Deckard (#0)
(Edited)
"To make this even more troubling, Nelson never filed an official complaint before accepting the settlement. Therefore, no investigation will take place."
#3. To: misterwhite (#2)
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#4. To: misterwhite (#2)
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.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#5. To: Deckard (#4)
"Pulling a gun on an unarmed civilian for the supposed crime of cutting in line?"
#6. To: Deckard (#3)
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.
#7. To: TooConservative (#6)
#8. To: misterwhite (#7)
The cop was assaulted. There should have been an arrest. There should have been an investigation, too, but that wasn't done either.
#9. To: TooConservative (#8)
"But he wasn't assaulted. So trying to pretend that he was just doesn't cut it."
#10. To: misterwhite, GrandIsland (#9)
Getting in the cops face and threatening him is the legal definition of assault.
#11. To: TooConservative, Misterwhite (#10)
Getting in the cops face and threatening him is the legal definition of assault.
#12. To: GrandIsland, misterwhite (#11)
Assault requires a level of injury.
#13. To: TooConservative (#12)
(Edited)
#14. To: GrandIsland, nolu chan (#13)
I speak of NY... It's what I know.
#15. To: TooConservative (#14)
(Edited)
So you can't be charged with assaulting a cop in NY unless you actually cause him (or a bystander) to be physically injured?
#16. To: GrandIsland (#11)
"Assault requires a level of injury."
#17. To: TooConservative, GrandIsland (#12)
Definition
#18. To: TooConservative (#10)
"In what state is that considered assault? None that I know of."
#19. To: GrandIsland (#13)
(Edited)
"I speak of NY... It's what I know."
#20. To: misterwhite, GrandIsland (#17)
1. Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. No intent to cause physical injury needs to exist, and no physical injury needs to result. So defined in tort law and the criminal statutes of some states.
#21. To: nolu chan (#20)
#22. To: GrandIsland (#11)
Assault requires a level of injury.
#23. To: misterwhite (#2)
He'd be a dead man and I, for one, wouldn't shed a tear.
#24. To: misterwhite (#16)
#25. To: A K A Stone (#23)
"Wishing someone dead for cutting in line is a bit much."
#26. To: GrandIsland (#24)
"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.
#27. To: A K A Stone (#22)
"I thought assault wasn't physical. That is where battery comes in. Assault and battery."
#28. To: GrandIsland, misterwhite, nolu chan (#24)
(Edited)
#29. To: TooConservative (#28)
"There are 50 states and, it seems, about 50 different standards as to what exactly constitutes assault, with or without battery."
#30. To: misterwhite (#29)
In Tennessee, an in- your-face verbal threat is "assault".
#31. To: TooConservative, GrandIsland (#14)
So you can't be charged with assaulting a cop in NY unless you actually cause him (or a bystander) to be physically injured?
NY Code - Section 110.00: Attempt to commit a crime
NY Code - Section 110.05: Attempt to commit a crime; punishment
2010 Tennessee Code
Title 39 - Criminal Offenses
Chapter 13 - Offenses Against Person
Part 1 - Assaultive Offenses (1) Intentionally, knowingly or recklessly causes bodily injury to another;
(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.
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.
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.
#32. To: TooConservative, misterwhite, GrandIsland (#20)
#33. To: nolu chan (#32)
For blogging, I would prefer to dig out the actual statute from a government source that is likely to be up to date.
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