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Posted on 3/13/14 at 10:42 am to
Posted by DanTiger
Somewhere in Luziana
Member since Sep 2004
9480 posts
Posted on 3/13/14 at 10:42 am to
quote:

Scruffy bets there are just multitudes of times you gave someone a summons for what every cop would classify as assault.


I couldn't care less what you bet on as I am not a gambling man. In this state assault means a swing and a miss. If you swing and connect it is simple battery. I have resolved too many fights to count without making arrests.
Posted by Scruffy
Kansas City
Member since Jul 2011
72061 posts
Posted on 3/13/14 at 10:42 am to
quote:

I can tell you that he was not charged with battery of a police officer because that is a felony and he would have been hooked. I imagine this scenario is not as cut and dry as it appears.
That is BS and you know it.

The only reason he wasn't charged with that is because he is a fellow cop.

Respond with "we don't know all the details", but you know that is disingenuous.

If any regular citizen would've done what he did, they would've been charged with the felony.

This Internal Affairs investigation is just to save face. The man pushed a cop. He should be charged accordingly.
This post was edited on 3/13/14 at 10:45 am
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 3/13/14 at 10:43 am to
quote:

My sources tell me that the fight actually started after the two of them began arguing over who was gonna write an inspection sticker ticket


One cop called it an inspection sticker and the other cop called it a break tag?
Posted by SuzukiGoat
Atchafalaya Basin
Member since Jan 2014
1086 posts
Posted on 3/13/14 at 10:45 am to
Dan...this is unrelated kind of... but are you a manchester fan?
Posted by DanTiger
Somewhere in Luziana
Member since Sep 2004
9480 posts
Posted on 3/13/14 at 10:46 am to
quote:

The only reason he wasn't charged with that is because he is a fellow cop.


I am sure the BRPD officer had a great deal of love for him if the trooper, in fact, attacked him as you have indicated.

quote:

Respond with "we don't know all the details", but you know that is disingenuous.


I am truly not. I know this is a foreign concept to many but I don't like to jump to conclusions. I am not saying that a battery did not occur I am simply saying I don't know at this point simply because I have read a media article.

quote:

If any regular citizen would've done what he did, they would've been charged with the felony.


If a regular citizen battered an officer he would most definitely be charged.
Posted by DanTiger
Somewhere in Luziana
Member since Sep 2004
9480 posts
Posted on 3/13/14 at 10:48 am to
quote:

Dan...this is unrelated kind of... but are you a manchester fan?


The soccer team? I have honestly never watched an entire soccer game in my entire life.
Posted by SuzukiGoat
Atchafalaya Basin
Member since Jan 2014
1086 posts
Posted on 3/13/14 at 10:49 am to


Thought you may have written me a ticket once is all.
Posted by Spirit of Dunson
Member since Mar 2007
23111 posts
Posted on 3/13/14 at 10:51 am to
quote:

If Huval did not show up he would have a bench warrant issued and would lose his job. Does his brother have the same amount on the line
I am not an officer. If I get a bench warrant, I will have a lot on the line. Officers are not special.
quote:

It would cost the taxpayers more to lock him up.
Let all of the current inmates out then. Obviously, that is dumb.
Posted by DanTiger
Somewhere in Luziana
Member since Sep 2004
9480 posts
Posted on 3/13/14 at 10:55 am to
quote:

I am not an officer. If I get a bench warrant, I will have a lot on the line. Officers are not special.


Let's just say it is a virtual certainty he will show up. The same cannot be said for you.

quote:

Let all of the current inmates out then. Obviously, that is dumb.


He cannot be locked up in general population. They would need to hold him in a private cell. The area is also very murky because the troopers jurisdiction exceeds the BRPD jurisdiction. I am telling you this is not as cut and dry as it appears. I have neevr heard of any local officer arresting a trooper and I honestly don't know if state law even allows for it to be done.
Posted by Scruffy
Kansas City
Member since Jul 2011
72061 posts
Posted on 3/13/14 at 10:55 am to
quote:

According to a probable cause report
quote:

The report goes on to say that another man, identified as Chase Huval, an off duty State Trooper, stepped forward and pushed the arresting Baton Rouge police officer.
quote:

I am truly not. I know this is a foreign concept to many but I don't like to jump to conclusions. I am not saying that a battery did not occur I am simply saying I don't know at this point simply because I have read a media article.
Well, considering the story is from the actual report, we have two options here:

1. Huval pushed the cop which is a felony and the cops are defending their own,

Or

2. The report was falsified (which is a possibility) and the person who falsified it should be arrested.

Pick your poison.
quote:

I am sure the BRPD officer had a great deal of love for him if the trooper, in fact, attacked him as you have indicated.
I haven't indicated anything. That is literally what the report states. So, either one committed a felony and is being defended or a report was falsified and an arrest needs to be made. Those are the options here.
quote:

If a regular citizen battered an officer he would most definitely be charged.
As should this man.

Cops deserve ZERO special privileges.
This post was edited on 3/13/14 at 10:57 am
Posted by DanTiger
Somewhere in Luziana
Member since Sep 2004
9480 posts
Posted on 3/13/14 at 10:58 am to
quote:

The report goes on to say that another man, identified as Chase Huval, an off duty State Trooper, stepped forward and pushed the arresting Baton Rouge police officer.


If the report says this he should have been charged if it could be done under state law. I honestly didn't read the article. I come to the OT to read OT posters and not links.
Posted by Spirit of Dunson
Member since Mar 2007
23111 posts
Posted on 3/13/14 at 10:59 am to
quote:

Let's just say it is a virtual certainty he will show up.
let's just say that is an assumption.
quote:

The same cannot be said for you.
Let's just say it is a certainty I will show up. I show up for parking tickets, for crying out loud!
quote:

He cannot be locked up in general population. They would need to hold him in a private cell.
I understand this.
quote:

The area is also very murky because the troopers jurisdiction exceeds the BRPD jurisdiction. I am telling you this is not as cut and dry as it appears.
I understand. I get nuance a little more than most folks on the OT. So I can see where you are coming from. I just think that to not lock up someone for shoving an officer because of the "pain" it entails comes off as favoritism. You surely can understand why the public may have an issue with this.
quote:

I have neevr heard of any local officer arresting a trooper and I honestly don't know if state law even allows for it to be done.
if true, wow.
Posted by HunhBruh
South Louisiana
Member since Oct 2011
234 posts
Posted on 3/13/14 at 11:02 am to
LINK /

battery on a police officer is misdemeanor, but can be upgraded to a felony. in this case, misdemeanor
Posted by DanTiger
Somewhere in Luziana
Member since Sep 2004
9480 posts
Posted on 3/13/14 at 11:02 am to
quote:

if true, wow.


Jurisdiction goes local PD-Sheriff-State Police. If the trooper identified himself as a trooper he had legal jurisdiction and that is why this is so murky. I don't write the laws so please don't blast me for this. I don't know if the summons will even be honored. I honestly have never encountered such a thing before and I don't have time to research it now.
Posted by duggieblue
GA
Member since Feb 2010
4335 posts
Posted on 3/13/14 at 11:03 am to
Don't taze my bro!
This post was edited on 3/13/14 at 11:04 am
Posted by Spirit of Dunson
Member since Mar 2007
23111 posts
Posted on 3/13/14 at 11:04 am to
quote:

Jurisdiction goes local PD-Sheriff-State Police. If the trooper identified himself as a trooper he had legal jurisdiction
off-duty trooper has jurisdiction over a fight his brother was in?
quote:

this is so murky
certainly is.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18902 posts
Posted on 3/13/14 at 11:07 am to
I love me some Scruffy third person responses but in this case, you need to check your facts.

Battery on a Police Officer LA RS 14:34.2 is NOT a felony. It is a misdemeanor just like regular Battery. LA just has a funny knack of making "special" sections like "Battery on a School Teacher" and "Theft" and "Theft of Crawfish". The only time Battery on a Police Officer can rise to the level of a Felony is if medical attention is required as a result of the act. Unless he shoved the officer to the ground causing him to strike his head and become injured/unconscious, it is just a misdemeanor.

On the other hand, the guy with the bottle who got booked committed Aggravated Assault (threatening them with the bottle) which is a bit more serious than a push.

Resume debate.
Posted by TheDoc
doc is no more
Member since Dec 2005
99297 posts
Posted on 3/13/14 at 11:07 am to
quote:

battery on a police officer is misdemeanor, but can be upgraded to a felony. in this case, misdemeanor



DA says all misdemeanors get booked now

why wasn't chase booked?
Posted by Scruffy
Kansas City
Member since Jul 2011
72061 posts
Posted on 3/13/14 at 11:08 am to
quote:

why wasn't chase booked?
Because he is a cop.
Posted by DanTiger
Somewhere in Luziana
Member since Sep 2004
9480 posts
Posted on 3/13/14 at 11:08 am to
quote:

off-duty trooper has jurisdiction over a fight his brother was in?


Troopers have jurisdiction throughout the state as long as they identify themselves as a trooper. No officer should get involved in a situation that involves a friend or family, in my opinion, but there is no law that prevents it.
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