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re: Neighbor showed me he was armed in order to intimidate me
Posted on 11/7/15 at 9:57 am to tLSU
Posted on 11/7/15 at 9:57 am to tLSU
quote:
I'll tell you that no ADA in his right mind would attempt to prosecute a person for placing his hand on a holstered gun. It's not a crime. While the OP wont' answer anyone's question as to whether or not the weapon was drawn (and we all know why), there's a reason why the "police have done nothing."
This absolutely false. I've worked as a DA and assault charges brought for exactly this type of thing if there is sufficient history and surrounding facts.
I mean this may not be that case, but you assertion that this would never happen is stupid.
2
Posted on 11/7/15 at 10:21 am to CorporateTiger
quote:
This absolutely false. I've worked as a DA and assault charges brought for exactly this type of thing if there is sufficient history and surrounding facts.
Great! So have I, in the highest volume parish in the state.
Why don't you go ahead and give us the names of some of these defendants you've brought charges against, since "holster" doesn't appear a single time in the notes of decisions in this 20+ year old statute....nor is there any single decision wherein the apprehension element was deemed satisfied by placing one's hand on a holster, or even picking up a gun. In fact, there are several decisions which surround and debate the fact of whether or not actually pointing a gun at a person was sufficient to infer apprehension, and one where it was specifically found to be insufficient, as the victim didn't actually believe "he had the guts to pull the trigger."
I'll wait.
This post was edited on 11/7/15 at 10:24 am
Posted on 11/7/15 at 10:24 am to CorporateTiger
Don't you think the op would have added all the history if it exists?
Here's what we know...the NEW neighbor touched somewhere around where a gun could be located. We don't even know if the gun was showing.
The biggest leap I can make, at this time, is that the neighbor might have lifted his shirt to expose his weapon.
He could also be charged with arson if he was there to distract the driver while his friend threw a molotov cocktail at the car.
Here's what we know...the NEW neighbor touched somewhere around where a gun could be located. We don't even know if the gun was showing.
The biggest leap I can make, at this time, is that the neighbor might have lifted his shirt to expose his weapon.
He could also be charged with arson if he was there to distract the driver while his friend threw a molotov cocktail at the car.
This post was edited on 11/7/15 at 10:25 am
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