LE UOF Video thread

[Lon]

WTF was that? Was she actually pursuing a stolen car she shot at with someone detained in the backseat of her car? And WTF did she shoot at the car for?

[Lon]

And she was charged criminally.

[voodoo_man]

That is what we'd call "a bad shoot."

[Kukuforguns]

Misdemeanor reckless discharge of a firearm.

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[voodoo_man]

Misdemeanor reckless discharge of a firearm.

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She hit her.

That's aggravated assault with a firearm, a felony.

[Lon]

A lot easier to prove a misdemeanor. At least here. It’d be negligent assault.

http://codes.ohio.gov/orc/2903.14v1

A lot easier to prove the mens rea of negligence required in the misdemeanor vs. the mens rea of knowingly in the more serious felonious assault.

You could try for aggravated assault, a lower felony, but still harder to prove since you also have to prove it was brought on by sudden passion or a sudden fit of rage.

2903.12 Aggravated assault.
(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:

(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code

[voodoo_man]

A lot easier to prove a misdemeanor. At least here. It’d be negligent assault.

http://codes.ohio.gov/orc/2903.14v1

A lot easier to prove the mens rea of negligence required in the misdemeanor vs. the mens rea of knowingly in the more serious felonious assault.

You could try for aggravated assault, a lower felony, but still harder to prove since you also have to prove it was brought on by sudden passion or a sudden fit of rage.

Holy backwards definition batman...

Aggravated Assault:


A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.

I'd say shooting a firearm into a vehicle which is not actively attempting to hit anyone at a person who is not attempting to actively kill anyone is most of the above definition.

[Lon]

The more I think about it, a case could be made for the more serious misdemeanor of assault due to recklessness if the jury determined a flesh wound to the leg was “serious physical harm”:

2903.13 Assault.
(B) No person shall recklessly cause serious physical harm to another or to another's unborn

I think we’ve seen and will continue to see juries not convicting cops when they feel the prosecutors “over charge”.

[voodoo_man]

The more I think about it, a case could be made for the more serious misdemeanor of assault due to recklessness if the jury determined a flesh wound to the leg was “serious physical harm”:



I think we’ve seen and will continue to see juries not convicting cops when they feel the prosecutors “over charge”.

Sure, I can agree.

The issue, as I've pointed out before and D.B. has agreed with me on this topic, is that people are doing the job who have no business doing the job and are not trained properly to do the job.

Case and point, the female officer in the video.

[scw2]

Tackling is a bad idea and should not be employed.

Too many bad things can happen from that level of force.

tackling the guy would likely have been a better outcome in this case though...