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re: Neighbor showed me he was armed in order to intimidate me

Posted on 11/7/15 at 10:21 am to
Posted by tLSU
Member since Oct 2007
8630 posts
Posted on 11/7/15 at 10:21 am to
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 by oilmanNO
Member since Oct 2009
2845 posts
Posted on 11/7/15 at 10:58 am to
You were an ADA in Orleans parish which every dick,Mary and Jane can be. He is/was a DA. He wins.
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