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

Posted on 4/21/20 at 12:47 pm to
Posted by VABuckeye
NOVA
Member since Dec 2007
38283 posts
Posted on 4/21/20 at 12:47 pm to
quote:

This is good for his business.


But...churches aren't businesses.
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60150 posts
Posted on 4/21/20 at 1:07 pm to
just watched the video of the "assault" with the bus



Have any of you ACTUALLY watched it?

No way that's assault - the police were just looking for someway to detain this guy.
Posted by Demshoes
Up in here
Member since Aug 2015
10683 posts
Posted on 4/21/20 at 1:09 pm to
Assault is putting someone in fear of being struck.

Battery is the physical act of striking.

Arguably an assault.
Posted by dagrippa
Saigon
Member since Nov 2004
11970 posts
Posted on 4/21/20 at 1:15 pm to
quote:

Arguably an assault.


It's assault.

It was intentional intimidation of a lawful protestor too.

I particularly liked the race card he's attempting to use. Tony Spell give us some good laughs!
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
8076 posts
Posted on 4/21/20 at 1:16 pm to
These are some bullshite charges.

I’m not a fan of the guy but he has a right to assemble if he wants to.

The words that flow out of JBE’s mouth are not laws and don’t suspend the constitution or the bill of rights.

People that applaud this should take a one way ticket to a communist country.
Posted by FightingTigers138
In your thoughts
Member since Dec 2016
5985 posts
Posted on 4/21/20 at 1:16 pm to
quote:

I saw the video. That isn't what he was trying to do at all.

He was trying to intimidate him, but you don't slam on your brakes if you're actually trying to run somebody over.

The protestor didn't move at all, the pastor didn't try to run him over.

That being said, I think this pastor is a POS but the charges won't stick.


1) Simple Assault occurs when an individual

Applies intentional force to another person without the other person’s consent
Attempting or threatening, by an act or gesture to apply force
Approaching or blocking the way of another person while openly wearing or carrying a weapon or an imitation of a weapon.
2) When committing an assault, if the individual

carries, uses, or threatens to use a weapon, or causes bodily harm the individual is guilty of assault causing bodily harm.

3) Aggravated assault is committed when a person

wounds, maims, disfigures, or endangers the life of the victim. Here there is intent to commit bodily harm.
Posted by CelticDog
Member since Apr 2015
42867 posts
Posted on 4/21/20 at 1:38 pm to
quote:

you can't "assault" someone without having physically touched them.






sure you can.
battery is physical.

assault
quote:

uses, or threatens to use a weapon, 


This post was edited on 4/21/20 at 1:39 pm
Posted by dgnx6
Member since Feb 2006
85844 posts
Posted on 4/21/20 at 1:39 pm to
quote:


I’m not a fan of the guy but he has a right to assemble if he wants to.


So does the protester without the fear of being assaulted by a bus.

Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
35870 posts
Posted on 4/21/20 at 1:40 pm to
Does it fit the definition....if you stretch it and turn it on its head. In any other time, the police would not bother and a serious judge would tell the DA to hurry up and get the frick out of his court room and press charges against criminals engaging in criminal acts or he will call the bar association himself.

Spell is a clown, but he is not doing anything close to criminal.
Posted by castorinho
13623 posts
Member since Nov 2010
86538 posts
Posted on 4/21/20 at 1:40 pm to
quote:

I’m not a fan of the guy but he has a right to assemble if he wants to.
what does that have to do with anything?
Posted by Bawcephus
Member since Jul 2018
2747 posts
Posted on 4/21/20 at 1:43 pm to
quote:

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.


This is AMERICA.




We use BARs.

None of that commie metric system caliber shooting shite.
Posted by LNCHBOX
70448
Member since Jun 2009
88713 posts
Posted on 4/21/20 at 1:45 pm to
quote:

These are some bullshite charges.

I’m not a fan of the guy but he has a right to assemble if he wants to.

The words that flow out of JBE’s mouth are not laws and don’t suspend the constitution or the bill of rights.

People that applaud this should take a one way ticket to a communist country.


What do you think he was arrested for?
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
8076 posts
Posted on 4/21/20 at 1:48 pm to
quote:



What do you think he was arrested for?


Making up a dubious assault charge, and yes, it’s my opinion it’s a trumped up charge, is just a feeble attempt to stop the actions the authorities don’t like. Namely, having church in spite of the orders from our government overlords.

This is government overreach no matter what terms one uses to justify it.
Posted by southdowns84
Member since Dec 2009
1611 posts
Posted on 4/21/20 at 1:58 pm to
quote:


Making up a dubious assault charge, and yes, it’s my opinion it’s a trumped up charge, is just a feeble attempt to stop the actions the authorities don’t like. Namely, having church in spite of the orders from our government overlords


He got exactly what he wanted - he got people riled up to come to his aid and support his cause. He’s probably sitting at home jerking off to your post as we speak.
Posted by castorinho
13623 posts
Member since Nov 2010
86538 posts
Posted on 4/21/20 at 2:04 pm to
quote:


Making up a dubious assault charge
Explain how the below, does not apply here. Make a case based on logic, not emotion. Let's hear it.
quote:

"Assault in Louisiana is an attempt to cause physical injury to another person – for instance, attempting to strike someone with a hand or object, and missing. Assault also is any intentional act or threat of action that reasonably causes a person to feel afraid of impending violence. Words alone do not constitute an assault, but if an offender threatens to attack or injure another, appears to have the ability to carry out the threat, and causes the victim to reasonably believe that he is about to be struck or injured, the offender has committed an assault."
Posted by Klark Kent
Houston via BR
Member since Jan 2008
73174 posts
Posted on 4/21/20 at 2:09 pm to
Congrats Central Karens and OT Karens : you’ve now supplied Pastor Spell with unlimited publicity!

And y’all are celebrating this bogus arrest, pathetic
Posted by southdowns84
Member since Dec 2009
1611 posts
Posted on 4/21/20 at 2:11 pm to
quote:

Explain how the below, does not apply here. Make a case based on logic, not emotion. Let's hear it.


I’ll take it a step further. If you don’t believe he was trying to intimidate that protester, what exactly do you think he was trying to accomplish?
Posted by Box Geauxrilla
Member since Jun 2013
19207 posts
Posted on 4/21/20 at 2:14 pm to
UPDATE: He was released from jail shortly after being booked to a group of people applauding waiting outside.

Don't worry, the news was there to capture the moment and he took the opportunity to preach his word before heading off.

Sorry for the Facebook Link (WAFB)
Posted by southdowns84
Member since Dec 2009
1611 posts
Posted on 4/21/20 at 2:16 pm to
quote:

Congrats Central Karens and OT Karens : you’ve now supplied Pastor Spell with unlimited publicity!


This was a master stroke by Spell, no doubt about it.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
8076 posts
Posted on 4/21/20 at 2:20 pm to
quote:


He got exactly what he wanted - he got people riled up to come to his aid and support his cause. He’s probably sitting at home jerking off to your post as we speak.



I don’t know what the guy wanted and I don’t really care.

I believe the actions by the authorities are unjustified.
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