Like I said, the D.A. is a prick. If he had nuts, he would have the man issued a ticket and then forget the matter. I've got 70 lily white years logged with a total of 4 speeding tickets as criminal history. If I got a felony for something like this or this, that would be a travesty. Ditto for G Man. Good guys need a break.
Not likely . Picture of said DA:Originally Posted by willie
The Minority Marksman.
"When you meet a swordsman, draw your sword: Do not recite poetry to one who is not a poet."
-a Ch'an Buddhist axiom.
What's "moreso"? First he wouldn't be charged due to .gov now his sentencing should be more harsh due to .gov?
Personally, I doubt the charges stick to begin with. I also doubt a non-media case would have been charged to begin with, regardless if LEO or not. Locally, it's referred to as an APE case, A Political Emergency. Often started by a media attention circle jerk, but not always. However if the charges do stick, there's nothing in the law or in sentencing guidelines that are based on occupation.
Sorta around sometimes for some of your shitty mod needs.
In addition to not meeting the reckless threshold, I’m not sure that the victim’s injuries meet the definition of serious bodily injury. The law describes serious bodily injury as:
Bodily injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
It appears that the victim’s injury was a through-and-through GSW to the lateral aspect of the left leg. It did not result in fracture or neurovascular injury, nor did it require surgery. It will simply require rest, ice, elevation, and some local wound care. He may be on crutches for a week or so.
Last edited by Sensei; 06-13-2018 at 08:36 PM.
I like my rifles like my women - short, light, fast, brown, and suppressed.
AFAIK, lethal force is lethal force when talking about the legal concept of SBI. Whether a doctor determines it's a non-life threatening injury after the fact is not part of the equation if, 1) the tool is inherently a deadly force instrument, such as a gun, and 2) it was applied to the victim.
Last edited by TGS; 06-13-2018 at 08:58 PM.
"Are you ready? Okay. Let's roll."- Last words of Todd Beamer
Lethal force and serious bodily injury are different concepts. Lethal force means has the potential to inflict SBI, regardless of if it does or not. That potential doesn't equate to "lethal force mechanisms always create SBI-type injuries", though. A knife is lethal force. A scratch on the forearm isn't SBI. Same here.
Indiana has long had SBI and BI, and we recently got MBI (Moderate Bodily Injury) to cover this middle ground of not debilitating but more than superficial. Under the old rule, a gunshot through the calf is not SBI, as it doesn't cause protracted loss of use of the limb, etc. Our SBI mostly mirrors that of what was posted by Sensei, but a few differences (adds loss of consciousness, extreme pain, doesn't include specifics on burns). Under the old rule, a GSW to the calf would just be BI. Now it'd be MBI. However shooting at someone is lethal force, even if no injury results.
Example: https://www.in.gov/judiciary/opinion...8170714pdm.pdf
BI, MBI, SBI: https://www.in.gov/ipac/files/13._Ca...efinitions.pdf
TL;DR: In short: Lethal Force is about potential injury. SBI/MBI/BI is about actual injury.
Sorta around sometimes for some of your shitty mod needs.
Gotcha, thank you.
"Are you ready? Okay. Let's roll."- Last words of Todd Beamer
Looking in my crystal ball, I predict the fact that someone put a tourniquet on the victim’s leg and that he was reportedly “going in and out of consciousness” are going to be small optics problems that need to be addressed by a good expert witness for the defense. My fee is $500/hr plus expenses...
This is reason number 101 why putting a TQ on every GSW to the extremity is a bad idea - it makes lawyers say shit like, “the wound was so serious that he needed a tourniquet to stop the bleeding.” Meanwhile, a simple 4X4 dressing and a cup of hot coco would have addressed the bleeding and resulting fainting spell.
Last edited by Sensei; 06-13-2018 at 09:47 PM.
I like my rifles like my women - short, light, fast, brown, and suppressed.
Colorado statutes give the following definitions:
(c) "Bodily injury" means physical pain, illness, or any impairment of physical or mental condition.(p) "Serious bodily injury" means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
I guess I still don't understand how it wouldn't be SBI.
Just because a doctor said it was a through-and-through doesn't mean there isn't a "susbtantial risk" for most of those things written above by the fact that a bullet entered your body. Just cause it didn't actually sever an artery or hit a vital organ doesn't mean you weren't at substantial risk for being killed when a person sent a bullet into your body, and it caused an injury that has a substantial risk of killing you or causing permanent loss, even if via infection, unless you seek professional medical attention. I don't know if I'm over thinking this or being too much of a simpleton.
BBI, when you guys are discussing whether to charge BI/MBI/SBI, who makes the determination as to which category a GSW fits into?
Last edited by TGS; 06-13-2018 at 10:04 PM.
"Are you ready? Okay. Let's roll."- Last words of Todd Beamer
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