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bullsi1911
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Knife versus Gun (News Story)
bullsi1911
ModeratorPosts: 11,300 Senior Member
http://www.newsradioklbj.com/news/austin-local-news/anti-prop-one-sign-vandal-confronted-arrested
(Background: Austin is one of the most congested cities in the US. This is the 3rd or 4th time that the city council has come up with a proposition that is sold as "increasing mobility", yet has almost no money in it for actual trafic relief. In this bond, 3/4 of the money is set for bike trails, 'beautification' (planting flowers and stuff in medians, etc...) and actually lays not one inch of new pavement to relieve traffic)
So, some militant liberal is tearing down signs against the proposition, and is caught by the property owner. Pulls a knife on the property owner, and then finds out that the owner's son carries a .45 at work.
But remember, he is a VANDAL- not a violent criminal.
(Background: Austin is one of the most congested cities in the US. This is the 3rd or 4th time that the city council has come up with a proposition that is sold as "increasing mobility", yet has almost no money in it for actual trafic relief. In this bond, 3/4 of the money is set for bike trails, 'beautification' (planting flowers and stuff in medians, etc...) and actually lays not one inch of new pavement to relieve traffic)
So, some militant liberal is tearing down signs against the proposition, and is caught by the property owner. Pulls a knife on the property owner, and then finds out that the owner's son carries a .45 at work.
But remember, he is a VANDAL- not a violent criminal.
To make something simple is a thousand times more difficult than to make something complex.
-Mikhail Kalashnikov
-Mikhail Kalashnikov
Replies
I'm gonna assume that last sentence of yours is sarcasm as the guy was a criminal when he vandalised the sign and escalated things when he produced a weapon.
Bingo. headline says "Vandal", story says he is a violent attacker. In TX law, threatening someone with a knife is deadly force. He is pretty damn lucky that the son with the .45 did not end the threat in a more permanent manner.
-Mikhail Kalashnikov
It's a relative thing... relative to the rest of Texas? Yes. Relative to San Francisco? Not so much.
George Carlin
272 square miles surrounded by reality.
-Mikhail Kalashnikov
How the hell is this a "terroristic threat"? He had a weapon...sounds more like "assault with a deadly weapon"....
Exactly. Both of those charges are misdemeanors. Should have been felony assault.
― Douglas Adams
Terroristic Threat is a felony here. Could have been something more serious (Terroristic Threat is pretty serious) if the distance had been closer, I think. If he had actually "assaulted" the guy (made a move toward harming the victim) instead of just drawing a knife, it could have been Ag Assault.
Here, a terroristic threat has to actually put the victim in fear of his life or grave danger. And it can't be conditional, like "take one more step and I'll cut you." The defense will always ask, "Were you afraid of my client cutting you?" If the citizen says, "I never was afraid of the guy, since I had a .45." There goes the case. I don't know about there. Generally, cops tend to charge seriously since they figure the perp will plead down.
Jerry