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re: Pastor Spell just got cuffed. Video in link. Need lawyer opinions as well

Posted on 4/21/20 at 11:07 am to
Posted by MrLSU
Yellowstone, Val d'isere
Member since Jan 2004
29001 posts
Posted on 4/21/20 at 11:07 am to
About time we brought back the firing squad in the country and I see that I have many supporters on this thread. However, I'm nicer than those supporters in that I would give him a last cigarette and a blind fold before the hot lead from an armada of AK-47s hit his body.
Posted by southdowns84
Member since Dec 2009
1611 posts
Posted on 4/21/20 at 11:07 am to
quote:

The kind that want a photo-op to look like a martyr and get more sheep to donate


Judging from the OT - mission accomplished.

I'll give the guy credit, he knows how to manipulate people's emotions for his own benefit.
Posted by Dead End
Baton Rouge
Member since Aug 2013
21237 posts
Posted on 4/21/20 at 11:07 am to
quote:

Pussification of America, squared


I'm surprised so many on the OT disagree with you. Wuhan Flu turned everyone into bitches.
Posted by uway
Member since Sep 2004
33109 posts
Posted on 4/21/20 at 11:11 am to
quote:

I'm surprised so many on the OT disagree with you. Wuhan Flu turned everyone into bitches.


Please Mr. Government Man, arrest that bad guy who is holding church services. I'm scared.
Posted by Box Geauxrilla
Member since Jun 2013
19207 posts
Posted on 4/21/20 at 11:11 am to
quote:

I'll give the guy credit, he knows how to manipulate people's emotions for his own benefit.



I don't know how anyone could still be a member of his church after hearing the news about him from the past month.

Between assaulting a guy, begging for this congregations stimulus checks, and defying government orders, this dude seems like a POS.

That being said, the type of person to stand in front of a church for days on end seems a little off his rocker too.

Everyone sucks in this story.
Posted by LNCHBOX
70448
Member since Jun 2009
88713 posts
Posted on 4/21/20 at 11:11 am to
quote:

Please Mr. Government Man, arrest that bad guy who is holding church services.


Is this what you think he was arrested for?
Posted by gumpinmizzou
Member since May 2017
3264 posts
Posted on 4/21/20 at 11:12 am to
quote:

Pastor Spell


I am no lawyer, but frick this guy
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
49478 posts
Posted on 4/21/20 at 11:13 am to
Crucify him
Posted by XxxSpooky1
A place in SE La
Member since Sep 2007
5163 posts
Posted on 4/21/20 at 11:16 am to
37. Aggravated assault
A. Aggravated assault is an assault committed with a dangerous weapon.
B. Whoever commits an aggravated assault shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
C. If the offense is committed upon a store's or merchant's employee while the offender is engaged in the perpetration or attempted perpetration of theft of goods, the offender shall be imprisoned for not less than one hundred twenty days without benefit of suspension of sentence nor more than six months and may be fined not more than one thousand dollars.
Posted by Alt26
Member since Mar 2010
34108 posts
Posted on 4/21/20 at 11:20 am to
Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.

La. Rev. Stat. 14:36

In watching the video it doesn't appear Spell "attempted to commit a battery". He stopped abruptly 6 feet or so before he reached the protester. In fact, the protester barely reacted. It seems like it would be difficult to prove Spell actually attempted to commit batter.

The better argument is that Spell intended to cause the protestor to have apprehension that he would be hit by the bus. However, intent on the part of Spell has to be proven. Did he really intend on scaring the protestor? Or did he just accidentally get that close while trying to back up the bus? Also, there likely has to be a showing that the protestor was reasonably apprehensive of being hit? Certainly is a bus is backing up straight at you it's not unreasonable to think it may hit you. But, the the protestor barely moved, even when the bus got within 6 feet of him. So was he truly apprehensive that he would be hit? His reaction seems to suggest otherwise.

Ultimately, this is a pathetic case of virtue-signaling run a muck in a time where, relatively speaking, nothing is going on. The pastor is virtue-signaling, protraying himself as a modern day Jesus Christ being persecuted by the government for trying to lead his flock. The protestors and social media Karens are virtue-signaling by going overboard in a "righteous fight" to shutdown an evil-doer. Many of those protesting (in person or on social media) don't even live in the Central area. The area most likely to be affected by the Pastor's actions. Hell, I have an Aunt and her friends losing their minds over this on facebook...and they all live at lest 3 hours away and have no connection to Central whatsoever. The Central Police are virtue-signaling because they want to get their names in the headlines for shutting down an eyesore and a guy perceived as a "villain" across the state.

Could they eventually convict him of agg assault? Perhaps. However, it's not a slam dunk case, and the amount of time, effort and money put into doing so seems like a colossal waste of time all around
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
49478 posts
Posted on 4/21/20 at 11:20 am to
quote:

Wuhan Flu turned everyone into bitches.



People are already bitches. Racism and transgender rights were legit focuspoints, people forget we were creating bathrooms and worrying about meat being murder..#metoo..etc
This post was edited on 4/21/20 at 11:25 am
Posted by Methuselah
On da Riva
Member since Jan 2005
23350 posts
Posted on 4/21/20 at 11:20 am to
Footage from the scene:

Posted by LSUFanHouston
NOLA
Member since Jul 2009
40216 posts
Posted on 4/21/20 at 11:21 am to
All the protesters and the police are doing is playing into this man's superiority complex. This is good for his business.
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
42511 posts
Posted on 4/21/20 at 11:22 am to
quote:

Police state... I guess the constitution doesn’t matter anymore





Care to tell us where in the constitution it says you have the right to threaten someone with bodily injury?
Posted by Stexas
SWLA
Member since May 2013
6844 posts
Posted on 4/21/20 at 11:23 am to
Same DA that prosecuted Frat boy's buddy's because he drank himself to death.
Posted by Nutriaitch
Montegut
Member since Apr 2008
10597 posts
Posted on 4/21/20 at 11:25 am to
quote:

The protester had the right to be out in from of the church


question as I have not followed this at all....
was the protestor on the Church property?

Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
49478 posts
Posted on 4/21/20 at 11:29 am to
quote:

the Church property


And if they have a sign that says, or if they have ever said "all are welcome".
Posted by SwampGar
Texas
Member since Jan 2020
1420 posts
Posted on 4/21/20 at 11:32 am to
I don’t see how what he did is a crime. Had he missed the guy or the guy had to move, sure, but the preacher goob stopped on his own.
Posted by southdowns84
Member since Dec 2009
1611 posts
Posted on 4/21/20 at 11:33 am to
quote:

Did he really intend on scaring the protestor? Or did he just accidentally get that close while trying to back up the bus?


I don't think these are the only possibilities. I think his primary intention was to bring attention to himself.

quote:

But, the the protestor barely moved, even when the bus got within 6 feet of him. So was he truly apprehensive that he would be hit? His reaction seems to suggest otherwise.


This seemed strange to me as well. In a vacuum, I have a hard time explaining why someone would reverse a bus at that speed and distance directly at a person. I have an even harder time explaining why a person wouldn't move out of the way as the van approached.

I wouldn't be surprised if this was a coordinated act.
This post was edited on 4/21/20 at 11:34 am
Posted by Morgan56
Member since Jan 2006
1190 posts
Posted on 4/21/20 at 11:39 am to
quote:


Pastor Spell just got cuffed. Video in link. Need lawyer opinions as well
I don't like what this guy is doing but you can't "assault" someone without having physically touched them


In some jurisdictions assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while battery is the actual physical impact on another person. If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault.

Let's educate some people.
LINK

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