Clevfan4life Posted February 28, 2017 Report Share Posted February 28, 2017 Ok looked it up, 1st degree assault is max 25 years. 2nd degree is 10. Pointing a loaded firearm at children constitutes one of those charges no? Link to comment Share on other sites More sharing options...
Clevfan4life Posted February 28, 2017 Report Share Posted February 28, 2017 "A fine example of someone who was charged with assault for pointing a gun is the story of a police officer in Prince George County, Maryland, convicted last month of first- and second-degree assault, among other crimes. The officer, Jenchesky Santiago, was caught on film pointing a gun to the head of William Cunningham, shouting, ordering him into a car, and making a very convincing case that he intended to use his weapon. Cunningham and his friends were confronted by the officer because they were illegally parked. In light of their alleged infraction, which was not at all severe, the officer's response was completely disproportionate and ultimately deemed criminal. Under Maryland law, severe assault also refers to battery, which means there was -- beyond the threat -- also an unwanted touching." Link to comment Share on other sites More sharing options...
marcus Posted February 28, 2017 Report Share Posted February 28, 2017 There's no such charge as 1st degree assault in Georgia. Let me post Aggravated Assault and explain it a little as that is what he was charged with. There's a lesser charge that is more applicable called titled Pointing a Gun at Another. I'll explain after I've posted both statutes. Link to comment Share on other sites More sharing options...
The Cysko Kid Posted February 28, 2017 Author Report Share Posted February 28, 2017 I don't know jack about Georgia but in Ohio aggravated assault is causing harm or attempting to cause harm. I think you could argue that if you had a loaded shotgun you werent actually attempting to cause (bodily) harm with it if no shots were fired. Regardless I balk at cleves suggestion that no one thinks they are pieces of shit. I honestly didn't see the gun bit at first because that turns it into something much more serious Link to comment Share on other sites More sharing options...
marcus Posted February 28, 2017 Report Share Posted February 28, 2017 16-5-21. Aggravated assault(a) As used in this Code section, the term "strangulation" means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person.( b ) A person commits the offense of aggravated assault when he or she assaults:(1) With intent to murder, to rape, or to rob;(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;(3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or(4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.© Except as provided in subsections (d) through (m) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. Link to comment Share on other sites More sharing options...
Clevfan4life Posted February 28, 2017 Report Share Posted February 28, 2017 I honestly didn't see the gun bit at first because that turns it into something much more serious Ok. Ur one of the more collected dudes here even though we disagree on a lot of shit. So I was surprised at first, but makes sense u didn't see that part then. Def changes the whole incident Link to comment Share on other sites More sharing options...
marcus Posted February 28, 2017 Report Share Posted February 28, 2017 Now the debate will be with this is the definition of "offensively". Does "offensively" require shots to be fired or not? That's where this gets challenging. Now a lesser charge is Pointing A Gun at Another. Stand by. Link to comment Share on other sites More sharing options...
Westside Steve Posted February 28, 2017 Report Share Posted February 28, 2017 Pull a gun on somebody and you've crossed the line. WSS Link to comment Share on other sites More sharing options...
marcus Posted February 28, 2017 Report Share Posted February 28, 2017 16-11-102. Pointing or aiming gun or pistol at another A person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded. Link to comment Share on other sites More sharing options...
Westside Steve Posted February 28, 2017 Report Share Posted February 28, 2017 I swear to god roles reversed and there would be calls to ship em all back to Africa. You guys really make me wonder sometimes Torres? Send him back to Mexico. WSS Link to comment Share on other sites More sharing options...
Clevfan4life Posted February 28, 2017 Report Share Posted February 28, 2017 16-11-102. Pointing or aiming gun or pistol at another A person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded. I just saw this myself, so in Georgia its only a misdemeanor to unlawfully point a loaded gun at someone? Also remember from the story that the guy got rid of the gun before the cops could confiscate it, does that tack on obstruction? Link to comment Share on other sites More sharing options...
marcus Posted February 28, 2017 Report Share Posted February 28, 2017 This charge has a lower burden of proof. The question will be raised in the Georgia Court of Appeals as to why this wasn't charged along with Aggravated Assault if not in lue of. If this makes it past the Court of Appeals it will be asked again in the Supreme Court. This is where going big can hurt our cause at times. Will it in this case? We'll find out. Personally and based on my feelings, I shed not a tear for them. From a legal standpoint and my oath to uphold the laws of this state and the Georgia and U.S. Constitutions, I worry that if they challenge this, they could very well win. Link to comment Share on other sites More sharing options...
MLD Woody Posted February 28, 2017 Report Share Posted February 28, 2017 Everyone would think these people are terrible regardless of the races involved. But I'm pretty certain the level of outrage would change for some posters with certain race combinations Link to comment Share on other sites More sharing options...
marcus Posted February 28, 2017 Report Share Posted February 28, 2017 I just saw this myself, so in Georgia its only a misdemeanor to unlawfully point a loaded gun at someone? Also remember from the story that the guy got rid of the gun before the cops could confiscate it, does that tack on obstruction? At a minimum. If he wrote the lie down on a statement, that's false statements in writing (felony). A good supervisor or detective would've made sure he wrote one with his lyin' ass. Link to comment Share on other sites More sharing options...
Clevfan4life Posted February 28, 2017 Report Share Posted February 28, 2017 Everyone would think these people are terrible regardless of the races involved. But I'm pretty certain the level of outrage would change for some posters with certain race combinations You think so? Really? Elaborate then. What would this mythical race combination entail? Do have some fun with this, I see great troll potential☕️ Link to comment Share on other sites More sharing options...
LogicIsForSquares Posted February 28, 2017 Report Share Posted February 28, 2017 Everyone would think these people are terrible regardless of the races involved. But I'm pretty certain the level of outrage would change for some posters with certain race combinations The thread title would have been "BLM Obamao attack bible study!". Link to comment Share on other sites More sharing options...
Clevfan4life Posted February 28, 2017 Report Share Posted February 28, 2017 The thread title would have been "BLM Obamao attack bible study!". How bout crab people to put mmgw deniers in jail? Link to comment Share on other sites More sharing options...
marcus Posted February 28, 2017 Report Share Posted February 28, 2017 The thread title would have been "BLM Obamao attack bible study!". ????? I can't deal.... Link to comment Share on other sites More sharing options...
Clevfan4life Posted February 28, 2017 Report Share Posted February 28, 2017 ????? I can't deal.... Logic got the hang of it pretty quick huh? Link to comment Share on other sites More sharing options...
MLD Woody Posted February 28, 2017 Report Share Posted February 28, 2017 Amazing he would have time to organize attacks like that with the whole sex trafficking business Link to comment Share on other sites More sharing options...
marcus Posted February 28, 2017 Report Share Posted February 28, 2017 Truth is, I love all y'all. It is funny though the way everyone gets after each other though...most of the time. Most times it helps me not take it too personal. I regret it when it gets personal, thus making this less enjoyable. Link to comment Share on other sites More sharing options...
Clevfan4life Posted February 28, 2017 Report Share Posted February 28, 2017 Dudes too busy selling 10 ye olds for sure Link to comment Share on other sites More sharing options...
The Cysko Kid Posted February 28, 2017 Author Report Share Posted February 28, 2017 Well I posted it so I guarantee that wouldn't be the title. I usually don't post about black on white crime. Link to comment Share on other sites More sharing options...
MLD Woody Posted February 28, 2017 Report Share Posted February 28, 2017 Well I posted it so I guarantee that wouldn't be the title. I usually don't post about black on white crime. Don't worry, no one is going at you here lol Link to comment Share on other sites More sharing options...
OldBrownsFan Posted February 28, 2017 Report Share Posted February 28, 2017 Truth is, I love all y'all. It is funny though the way everyone gets after each other though...most of the time. Most times it helps me not take it too personal. I regret it when it gets personal, thus making this less enjoyable. You made an excellent point from start to finish about your concerns with the charges being upheld on appeal which it is sure to be appealed. We'll see what happens. Link to comment Share on other sites More sharing options...
Osiris Posted March 1, 2017 Report Share Posted March 1, 2017 The thread title would have been "BLM Obamao attack bible study!"."BLM Obamao Gay Muslims Attempt To Gang Rape Puppies at Christian Dog Shelter" As for the actual story, it looks like 5 years for the terrorism thing would clearly stick. If their are additional offenses, does time for that stack onto the 5 years? If so, it may be a little harsh but within the limits proscribed by law. Link to comment Share on other sites More sharing options...
Clevfan4life Posted March 1, 2017 Report Share Posted March 1, 2017 ANy state that only gives you 5 years for pointing a loaded shotgun at children has more issues than I can wrap my head around. Link to comment Share on other sites More sharing options...
MLD Woody Posted March 1, 2017 Report Share Posted March 1, 2017 ANy state that only gives you 5 years for pointing a loaded shotgun at children has more issues than I can wrap my head around. "it's my Constitutional right to point a loaded gun where I choose! You damn elitist, big city liberal. The south will rise again! The flag means heritage! The war was about states' rights!" Link to comment Share on other sites More sharing options...
marcus Posted March 1, 2017 Report Share Posted March 1, 2017 "BLM Obamao Gay Muslims Attempt To Gang Rape Puppies at Christian Dog Shelter" As for the actual story, it looks like 5 years for the terrorism thing would clearly stick. If their are additional offenses, does time for that stack onto the 5 years? If so, it may be a little harsh but within the limits proscribed by law. Yeah charges do stack on but you will seldom see the max penalty for those charges. It would seem for the main male suspect, most of his time comes from the Aggravated Assault vs the female most of hers is from Terroristc Threats. Link to comment Share on other sites More sharing options...
OldBrownsFan Posted March 1, 2017 Report Share Posted March 1, 2017 I know I go back and forth on this one. I think the 15 and 20 year prison sentences are too harsh and then I think of these white racist idiots going out of their way to intimidate black people who are minding their own business having a birthday party with their children. Their tears of "that is not really me" in the courtroom ring hollow...yes it was really you. You are just crying the tears now of those who have been caught and are facing punishment. They can serve their long prison sentences and hopefully it will be a deterrent to keep others from doing despicable acts like they did. Link to comment Share on other sites More sharing options...
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