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Author Topic: 3 Years in Jail  (Read 2038 times)

Offline Curval

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3 Years in Jail
« on: January 27, 2004, 04:59:57 PM »
I have a friend who I had lost touch with and today I finally heard why.  He was jailed for 3 years (prosecutor wanted 9).

I have only heard one side of the story..his, prior to his appearance in court.

As I understand it he noticed a Verizon van parked out of the front of his home and there were 2 or 3 guys wandering around his property.  He went out and asked to see their IDs..which they had...but they were not Verizon IDs..something else.  Anyway, he asked them to leave.  They refused and started to get very threatening with them.  So, he went inside and got his gun, which wasn't loaded.  He then went back outside and asked them again to leave, but did not point the gun at them (as they stood on HIS property) but instead held it pointing down at the ground.  They called the police.

Really stupid thing to do...but what I don't understand is how that can happen in the US based upon what I read on these boards all the time.

Your thoughts...particularly yours lazs?
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Offline Saurdaukar

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3 Years in Jail
« Reply #1 on: January 27, 2004, 05:00:58 PM »
"If youre gonna be dumb enough to pull a gun on a man, you better be smart enough to pull the trigger."
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Offline Otto

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3 Years in Jail
« Reply #2 on: January 27, 2004, 05:06:08 PM »
You omitted telling 'where' in the US.  If it was New York or New Jersey I'm not surprised.   Sorry to hear it though....
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Offline Curval

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« Reply #3 on: January 27, 2004, 05:06:51 PM »
Delaware.
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Offline Dune

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3 Years in Jail
« Reply #4 on: January 27, 2004, 05:10:17 PM »
Not suprised.
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Offline Tarmac

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« Reply #5 on: January 27, 2004, 05:10:36 PM »
Threatening someone with a gun is assault, whether it's loaded or not.  The assault charge is based on the victim's belief of imminent danger, not on the intent of the accused or on reality.  

He went out, actively seeking to confront them.  He took the assaultive action.  It's hard to argue self defense in that case (although possible).  If he'd sat in his house with a loaded gun pointed at the doors and windows, he would have been legally ok.  

He should have gone inside and called the police.  If they tried to follow him to assault him or his family (again, based on his belief of imminent danger), then put some new holes in them.  

Despite what you may have heard about American gun laws, one is not allowed to defend one's property with the threat of deadly force.
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Offline Curval

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« Reply #6 on: January 27, 2004, 05:10:55 PM »
Quote
Originally posted by Dune
Not suprised.


Because of Delaware or what he did?
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Offline Curval

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« Reply #7 on: January 27, 2004, 05:12:01 PM »
Quote
Originally posted by Tarmac
Threatening someone with a gun is assault, whether it's loaded or not.  The assault charge is based on the victim's belief of imminent danger, not on the intent of the accused or on reality.  

He went out, actively seeking to confront them.  He took the assaultive action.  It's hard to argue self defense in that case (although possible).  If he'd sat in his house with a loaded gun pointed at the doors and windows, he would have been legally ok.  

He should have gone inside and called the police.  If they tried to follow him to assault him or his family (again, based on his belief of imminent danger), then put some new holes in them.  

Despite what you may have heard about American gun laws, one is not allowed to defend one's property with the threat of deadly force.


Good explanation.  Thanks.
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Offline Maverick

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« Reply #8 on: January 27, 2004, 05:12:59 PM »
Curval,

Tarmac covered it pretty well.
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Offline Batz

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« Reply #9 on: January 27, 2004, 05:17:35 PM »
Here's something to remember when talking to ex-cons or current inmates.

None of them did it or it was just a misunderstanding. If you want to know the whole story find out the exact charges and get a transcript of his trial.

I can guess at what you will say, "Well I have known this guy for sometime and he's not the type". Well they all say that. Ask the guy who stole your scooter and I'll bet he'll say, "It wasn't me" or "I thought it was mine".

I don't think anyone here can comment on whether or not his sentence was harsh unless full accurate details are provided.
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Offline Tarmac

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« Reply #10 on: January 27, 2004, 05:18:53 PM »
It sucks for him, regardless.  I wish he'd been better educated on the gun laws, had a more level head, or whatever would have avoided the whole mess.
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Offline Curval

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« Reply #11 on: January 27, 2004, 05:21:19 PM »
Batz..I agree completely, which is why I mentioned I only got one side of the story.

I was just floored.  He is a really nice guy, brilliant with computers and had a relatively successful consulting business in the IT field.

Now his life is pooched.

I'm not here to defend his actions...more to have the explanation as provided by Tarmac.

Seems that the US is pretty damn harsh on their gun laws afterall.
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Offline FUNKED1

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3 Years in Jail
« Reply #12 on: January 27, 2004, 05:21:36 PM »
Quote
Originally posted by Batz
Here's something to remember when talking to ex-cons or current inmates.

None of them did it or it was just a misunderstanding. If you want to know the whole story find out the exact charges and get a transcript of his trial.

I can guess at what you will say, "Well I have known this guy for sometime and he's not the type". Well they all say that. Ask the guy who stole your scooter and I'll bet he'll say, "It wasn't me" or "I thought it was mine".

I don't think anyone here can comment on whether or not his sentence was harsh unless full accurate details are provided.


Yeah 3 yrs with no priors for holding a gun at your side?  I guarantee there is something more to the story.
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Offline Creamo

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« Reply #13 on: January 27, 2004, 05:21:46 PM »
Curval, no offence, but while I was having a chat with SOB in the AH MA a few nights ago in a big horde of Green, I got a surprise “checksix” call out of nowhere, and when I looked back  I saw a blue plane coming down on me very quickly. Next thing I know, I was in half, and the kill message said “Curval Shot You Down” or whatever the message is.

You shat yourself so bad and got so excited, you could only post on the open channel, Blagagggasajshjas, or something like that. The courts seem similar.
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Offline Fishu

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3 Years in Jail
« Reply #14 on: January 27, 2004, 05:22:28 PM »
That was quite stupidly done IMO, although I don't think such severe sentence would been needed (prosecutor wanting 9 years for that!? :eek: )
Should of called the cops.. not like his property is going to rot in the five minutes because of the unwanted visitors.
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