222428 Bullies, 4362 online  
  • Register
Our Sponsors:

Results 1 to 10 of 37
Page 1 of 4 1 234 LastLast
Sponsored Links Spacer Image
  1. OwlMatt is offline

    Registered Member

    Join Date
    Jan 2010
    Location
    Milwaukee, WI
    Posts
    890

    Posted On:
    1/17/2014 11:45am


     Style: aikido

    --
    Hell yeah! Hell no!

    Unarmed Man Charged With Assault After Cops Miss Him and Hit Others

    Click image for larger version. 

Name:	16shoot4-articleLarge.jpg 
Views:	45 
Size:	34.3 KB 
ID:	15809


    http://www.nytimes.com/2013/12/05/ny...are.html?_r=3&

    http://nation.time.com/2013/12/05/un...but-hit-women/

    Quote Originally Posted by Time
    After New York City police shot at but missed an emotionally disturbed man who was throwing himself in front of cars near Times Square, the man is now being charged for assault of the two bystanders who cops shot instead.
    Quote Originally Posted by NY Times
    The man, Glenn Broadnax, 35, of Brooklyn, created a disturbance on Sept. 14, wading into traffic at 42nd Street and Eighth Avenue and throwing himself into the path of oncoming cars.
    A curious crowd grew. Police officers arrived and tried to corral Mr. Broadnax, a 250-pound man. When he reached into his pants pocket, two officers, who, the police said, thought he was pulling a gun, opened fire, missing Mr. Broadnax, but hitting two nearby women. Finally, a police sergeant knocked Mr. Broadnax down with a Taser.

    The shootings once again raised questions about the police use of firearms in crowded areas and drew comparisons to a shooting a year ago, when officers struck nine bystanders in front of the Empire State Building when they killed an armed murder suspect.
    Initially Mr. Broadnax was arrested on misdemeanor charges of menacing, drug possession and resisting arrest. But the Manhattan district attorney's office persuaded a grand jury to charge Mr. Broadnax with assault, a felony carrying a maximum sentence of 25 years. Specifically, the nine-count indictment unsealed on Wednesday said Mr. Broadnax "recklessly engaged in conduct which created a grave risk of death."
    "The defendant is the one that created the situation that injured innocent bystanders," said an assistant district attorney, Shannon Lucey.
    I'm not a legal expert, but I have a hard time imagining this standing up in court. Is there any legal precedent at all for charging someone with assault over someone else shooting someone? My understanding is that having "created the situation" does not add up to assault.
  2. ermghoti is online now
    ermghoti's Avatar

    Middleweight

    Join Date
    Apr 2007
    Location
    OW, MY KNEE
    Posts
    2,084

    Posted On:
    1/17/2014 12:04pm

    supporting member
     Style: BJJ+Sanda

    --
    Hell yeah! Hell no!
    Quote Originally Posted by OwlMatt View Post
    Click image for larger version. 

Name:	16shoot4-articleLarge.jpg 
Views:	45 
Size:	34.3 KB 
ID:	15809


    http://www.nytimes.com/2013/12/05/ny...are.html?_r=3&

    http://nation.time.com/2013/12/05/un...but-hit-women/





    I'm not a legal expert, but I have a hard time imagining this standing up in court. Is there any legal precedent at all for charging someone with assault over someone else shooting someone? My understanding is that having "created the situation" does not add up to assault.
    Is there an assault analog in NY law for felony murder? It's the same reasoning.
    Quote Originally Posted by strikistanian View Post
    DROP SEIONAGI ************! Except I don't know Judo, so it doesn't work, and he takes my back.
  3. CapnMunchh is offline
    CapnMunchh's Avatar

    Welterweight

    Join Date
    Aug 2013
    Location
    Alexandria, VA
    Posts
    792

    Posted On:
    1/17/2014 12:42pm

    supporting member
     Style: TangSooDo/Yubiwaza

    1
    Hell yeah! Hell no!
    Quote Originally Posted by OwlMatt View Post
    Click image for larger version. 

Name:	16shoot4-articleLarge.jpg 
Views:	45 
Size:	34.3 KB 
ID:	15809


    http://www.nytimes.com/2013/12/05/ny...are.html?_r=3&

    http://nation.time.com/2013/12/05/un...but-hit-women/





    I'm not a legal expert, but I have a hard time imagining this standing up in court. Is there any legal precedent at all for charging someone with assault over someone else shooting someone? My understanding is that having "created the situation" does not add up to assault.
    The title of a criminal offense should bear some reasonable connection to the conduct prohibited, if only because it helps the public to be aware of what conduct is prohibited. But the ordinary meaning of the term chosen to name a crime in the books does not control. The NYS legislature enacted a law that makes it a crime to "recklessly engage in conduct which created a grave risk of death." If the prosecution proves this, he will be convicted of assault or whatever the law says that offense is called.

    However, a good defense attorney could well use this argument -- "how could he be convicted of assault if the women were shot by somebody else?" Thus taking advantage of the jury's likely perception of the meaning of the term. A good prosecutor or a good judge will make sure that the jury doesn't fall for that.
    A nation that makes a great distinction between its scholars and its warriors will have its laws made by cowards and its wars fought by fools. ― Thucydides
  4. CapnMunchh is offline
    CapnMunchh's Avatar

    Welterweight

    Join Date
    Aug 2013
    Location
    Alexandria, VA
    Posts
    792

    Posted On:
    1/17/2014 2:06pm

    supporting member
     Style: TangSooDo/Yubiwaza

    --
    Hell yeah! Hell no!
    Quote Originally Posted by ermghoti View Post
    Is there an assault analog in NY law for felony murder? It's the same reasoning.
    Not explicitly. You could say its the same reasoning: liability that results from an injury inflicted when intending to do something else that is bad, even if the injury itself was unintentional. Tho I'd say this statute is closer to something like "criminally negligent homicide" or degrees of manslaughter that result when death is caused by reckless or negligent conduct, such as drunk driving.
    A nation that makes a great distinction between its scholars and its warriors will have its laws made by cowards and its wars fought by fools. ― Thucydides
  5. W. Rabbit is offline
    W. Rabbit's Avatar

    insight combined with intel, fuse, and dynamite

    Join Date
    May 2010
    Location
    Work
    Posts
    7,918

    Posted On:
    1/17/2014 2:20pm

    supporting member
     Style: (Hung Ga+BJJ+MT+JKD) ^ Qi

    3
    Hell yeah! Hell no!
    Regardless of how it plays out in court, some of the cops involved need serious reprimand and transfers.

    This is not the first time NYPD have decided the best course of action is to fire multiple rounds in the busiest section of NYC, hitting pedestrians. 42nd and 8th? There are probably thousands of folks cramming that area any given day of the year, and way more during a busy time of day.

    I'm glad they didn't kill anyone, but if the only person here who gets penalized is the crazy guy, then its just another in a long line of poorly trained cops being protected by the system.

    Kudos to the NYPD sergeant who realized a TASER was the best, safest route. At least some of the people given badges and guns in that city aren't more a danger to pedestrians than the actual suspects...
  6. CapnMunchh is offline
    CapnMunchh's Avatar

    Welterweight

    Join Date
    Aug 2013
    Location
    Alexandria, VA
    Posts
    792

    Posted On:
    1/17/2014 2:27pm

    supporting member
     Style: TangSooDo/Yubiwaza

    1
    Hell yeah! Hell no!
    Quote Originally Posted by W. Rabbit View Post
    Regardless of how it plays out in court, some of the cops involved need serious reprimand and transfers.

    This is not the first time NYPD have decided the best course of action is to fire multiple rounds in the busiest section of NYC, hitting pedestrians. 42nd and 8th? There are probably thousands of folks cramming that area any given day of the year, and way more during a busy time of day.

    I'm glad they didn't kill anyone, but if the only person here who gets penalized is the crazy guy, then its just another in a long line of poorly trained cops being protected by the system.

    Kudos to the NYPD sergeant who realized a TASER was the best, safest route. At least some of the people given badges and guns in that city aren't more a danger to pedestrians than the actual suspects...
    The Department and the City will have to punish them. Not only because they most likely violated some Department regs, but t because the City is likely to get sued and it will look really bad in the civil suit if the cops were allowed to go without consequences.
    A nation that makes a great distinction between its scholars and its warriors will have its laws made by cowards and its wars fought by fools. ― Thucydides
  7. W. Rabbit is offline
    W. Rabbit's Avatar

    insight combined with intel, fuse, and dynamite

    Join Date
    May 2010
    Location
    Work
    Posts
    7,918

    Posted On:
    1/17/2014 3:27pm

    supporting member
     Style: (Hung Ga+BJJ+MT+JKD) ^ Qi

    1
    Hell yeah! Hell no!
    Don't mind me, I'm just worried and biased.

    I was just recently right at 42nd and 8th buying a hotdog for my kid. The thought of some cop killing my son because some idiot is dancing in traffic (a daily occurrence in NYC) all but confirms why I rarely, if ever, go into NYC especially with my children.
  8. ermghoti is online now
    ermghoti's Avatar

    Middleweight

    Join Date
    Apr 2007
    Location
    OW, MY KNEE
    Posts
    2,084

    Posted On:
    1/17/2014 3:34pm

    supporting member
     Style: BJJ+Sanda

    4
    Hell yeah! Hell no!
    I was going to add: the fact the perp was neutralized with a Taser eventually casts the shooters' escalation of force in a very bad light, irrespective of any criminal responsibility by the nutjob they were shooting at.
    Quote Originally Posted by strikistanian View Post
    DROP SEIONAGI ************! Except I don't know Judo, so it doesn't work, and he takes my back.
  9. Bneterasedmynam is offline

    Senior Member

    Join Date
    Dec 2010
    Location
    illinois
    Posts
    2,048

    Posted On:
    1/17/2014 3:36pm


     

    1
    Hell yeah! Hell no!
    What the **** is required for firearm training in NY?? Hitting everything but the target?? Jesus this is getting retarded, once is bad enough, but seriously how many fucking times are they going to shoot bystanders before a new policy is drafted for their officers?? I hope they get sued for a billion dollars and lose their pensions.
  10. Vieux Normand is offline

    Senior Member

    Join Date
    Jun 2007
    Posts
    4,271

    Posted On:
    1/17/2014 3:36pm

    Join us... or die
     Style: 血鷲

    1
    Hell yeah! Hell no!
    Quote Originally Posted by ermghoti View Post
    I was going to add: the fact the perp was neutralized with a Taser eventually casts the shooters' escalation of force in a very bad light, irrespective of any criminal responsibility by the nutjob they were shooting at.
    Naw...it just means that the rest of us have the use-of-force progression backwards.
Page 1 of 4 1 234 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Powered by vBulletin™© contact@vbulletin.com vBulletin Solutions, Inc. 2011 All rights reserved.