Question for LEOs - XDTalk Forums - Your HS2000/SA-XD Information Source!

starshooter231 · 01-04-2007, 04:48 PM

I know this may sound like a stupid question but here it goes. I was out partying at a bar on New Year's Eve and the bouncers had to throw a couple of guys out. Once they got the guys out one of them (slightly intoxicated) said he was going to get his shotgun and he would be back. Now here is the question, when the cops showed up and had been informed of the threat, should they have arrested the guy?

spartanws6 · 01-04-2007, 07:44 PM

you will probably get different answers on this one... you are dealing with local, county and possible state laws on this. Most places have laws that deal with threatening the life of another, and in some places the word "assault" deals with verbal utterances. Depends on where you are at.

In your specific example... situation would dictate. The persons priors would come into play, the alcohol factor of course (I mean, how many times has one dude looked at another dude in a bar brawl and said "I'm gonna fukkin kill ya")

Good question tho!

MGD 45 · 01-04-2007, 07:48 PM

Well, I can't comment too much on your state law, I can only apply Ga. law in my experience. A couple of things here..In Ga. it's not a charge of "Terr. Threats" just to say that your going to get your gun.

Georgia Criminal Code
16-11-37.
(a) A person commits the offense of a terroristic threat when he or she threatens to commit any crime of violence, to release any hazardous substance, as such term is defined in Code Section 12-8-92, or to burn or damage property with the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience. No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated.

As you can see down here, they would've had to said something like, "I'm gonna get my gun and come right back and shoot your Azz." Now they just threatened to commit a crime. Of course in Ga. someone would have also had to hear this other than the complainant...

starshooter231 · 01-04-2007, 08:04 PM

I failed to mention that there were about 15 people around (some intoxicated, some sober) when this was happening.

MGD 45 · 01-05-2007, 06:41 AM

Well, if the police were called and they showed up before the BG ever left the scene...then it's really an idle threat because they never left to "go get the gun".

If the police showed up, and the BG came back without a gun...then there's still no threat, because he didn't have the gun...

Besides, he never gave a specific threat about what he was going to do with the gun, IF he went and got it and IF he came back with it...

Of course, maybe the LEO's could've charged him with Disorderly Conduct, or Public Intoxication, since he made that stupid comment, but probably not a specific crime for mentioning a gun...However, maybe under your state law, it could be different.

Maybe some LEO's in here from your home state could weigh in and comment using their knowledge of your state's laws..

**hacker15** · 01-05-2007, 07:08 AM

Quote:

Originally Posted by MGD 45

Well, if the police were called and they showed up before the BG ever left the scene...then it's really an idle threat because they never left to "go get the gun".

If the police showed up, and the BG came back without a gun...then there's still no threat, because he didn't have the gun...

Besides, he never gave a specific threat about what he was going to do with the gun, IF he went and got it and IF he came back with it...

Of course, maybe the LEO's could've charged him with Disorderly Conduct, or Public Intoxication, since he made that stupid comment, but probably not a specific crime for mentioning a gun...However, maybe under your state law, it could be different.

Maybe some LEO's in here from your home state could weigh in and comment using their knowledge of your state's laws..

+1 on this - don't know where you're from, but up here (NYS) that kind of comment would qualify you for a quick trip to the county or city lockup at least overnight and an arraignment the next morning before a local judge on one of several charges. At a minimum, you're looking at misdemeanor or possible felony charges (depending on how the charge sheet was written by the arresting LEO and what action the perp took after he made the theat) and you'll need a lawyer.

Either way, it won't be a pretty sight.......

spartanws6 · 01-05-2007, 08:24 AM

as an after thought.... hopefully the "victim" would have taken offense to the threat and the "suspect" would have gotten his royal ass beat by the "victim" and the "suspect" would never have gotten the opportunity to go get his shotty. there... problem solved before us cops ever get called

ichy_trigger · 01-05-2007, 08:58 AM

Im not a cop but here in Ohio you could be charged with aggravated menacing.

I know because my wifes ex husband called his PD and made up some **** on me, including a supposed threat by me over the phone saying, "im going to come there and kill you." The PD called me (I live 2 hours away) and questioned me on it. By the time I was done talking to them (1 1/2 hours later) they said they were going to call HIM back and tell him to quit harrassing me

.

Another time, we were out water skiing and someone cut our ski rope with their motor, while my wife was in the water. I DID get a bit rude with the other boaters when they they gave a "who gives a f*&*k" attitude, I called the park ranger. They along with the Sheriffs dept. responded. They questioned the 2 men in the other boat and they said I made a threat to kill them. So I was left with the choice of persuing it and them getting a wreckless operation ticket and me going to jail for aggravated menacing or walk away. I did not threaten them with anything other than reporting them during our heated discussion. I ended up walking away... I know, I see the pattern...lol It always comes down to one persons word over anothers.

Wu Wei · 01-05-2007, 09:40 AM

Officers have to be awfully careful these days. Everyone and their brother knows what BS to tell the police to get the other person in trouble.

My cousin had that happen. It was a he said/she said and she won. He's got a record now and it really hurt him emotionally, he kind of lost trust in society after that..I don't know what really happened, but he doesn't seem like the type. He's pretty mellow. I've seen him take insults and just blow it off.

Mike TRT · 01-05-2007, 10:28 AM

in the big city the police would walk up and everyone involved would get the "move along" chatter, in the burbs, it would probably be the same but with a bit more questioning.......if it were me, it would be "move along", talk is cheap, go get that shotgun, then we'll play and have ourselves an actual crime......

01-04-2007, 04:48 PM	#1
starshooter231 XDTalk Member Join Date: Nov 2006 Posts: 53	Question for LEOs I know this may sound like a stupid question but here it goes. I was out partying at a bar on New Year's Eve and the bouncers had to throw a couple of guys out. Once they got the guys out one of them (slightly intoxicated) said he was going to get his shotgun and he would be back. Now here is the question, when the cops showed up and had been informed of the threat, should they have arrested the guy?

01-04-2007, 07:48 PM	#3
MGD 45 XDTalk 1K Member Join Date: Dec 2006 Location: Perry Posts: 1,181	Well, I can't comment too much on your state law, I can only apply Ga. law in my experience. A couple of things here..In Ga. it's not a charge of "Terr. Threats" just to say that your going to get your gun. Georgia Criminal Code 16-11-37. (a) A person commits the offense of a terroristic threat when he or she threatens to commit any crime of violence, to release any hazardous substance, as such term is defined in Code Section 12-8-92, or to burn or damage property with the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience. No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated. As you can see down here, they would've had to said something like, "I'm gonna get my gun and come right back and shoot your Azz." Now they just threatened to commit a crime. Of course in Ga. someone would have also had to hear this other than the complainant... __________________ " Don't sweat the small stuff...& it's all small stuff. "

01-04-2007, 08:04 PM	#4
starshooter231 XDTalk Member Join Date: Nov 2006 Posts: 53	Sorry I failed to mention that there were about 15 people around (some intoxicated, some sober) when this was happening.

01-05-2007, 06:41 AM	#5
MGD 45 XDTalk 1K Member Join Date: Dec 2006 Location: Perry Posts: 1,181	Well, if the police were called and they showed up before the BG ever left the scene...then it's really an idle threat because they never left to "go get the gun". If the police showed up, and the BG came back without a gun...then there's still no threat, because he didn't have the gun... Besides, he never gave a specific threat about what he was going to do with the gun, IF he went and got it and IF he came back with it... Of course, maybe the LEO's could've charged him with Disorderly Conduct, or Public Intoxication, since he made that stupid comment, but probably not a specific crime for mentioning a gun...However, maybe under your state law, it could be different. Maybe some LEO's in here from your home state could weigh in and comment using their knowledge of your state's laws.. __________________ " Don't sweat the small stuff...& it's all small stuff. "

01-05-2007, 08:58 AM	#8
ichy_trigger XDTalk 5K Member Join Date: Jan 2004 Location: Dayton, Ohio Posts: 7,417	Im not a cop but here in Ohio you could be charged with aggravated menacing. I know because my wifes ex husband called his PD and made up some **** on me, including a supposed threat by me over the phone saying, "im going to come there and kill you." The PD called me (I live 2 hours away) and questioned me on it. By the time I was done talking to them (1 1/2 hours later) they said they were going to call HIM back and tell him to quit harrassing me . Another time, we were out water skiing and someone cut our ski rope with their motor, while my wife was in the water. I DID get a bit rude with the other boaters when they they gave a "who gives a f&k" attitude, I called the park ranger. They along with the Sheriffs dept. responded. They questioned the 2 men in the other boat and they said I made a threat to kill them. So I was left with the choice of persuing it and them getting a wreckless operation ticket and me going to jail for aggravated menacing or walk away. I did not threaten them with anything other than reporting them during our heated discussion. I ended up walking away... I know, I see the pattern...lol It always comes down to one persons word over anothers. __________________ "The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself." http://militarysignatures.com/signatures/member2645.png

01-04-2007, 07:44 PM	#2
spartanws6 XDTalk Member Join Date: Jun 2006 Posts: 88	you will probably get different answers on this one... you are dealing with local, county and possible state laws on this. Most places have laws that deal with threatening the life of another, and in some places the word "assault" deals with verbal utterances. Depends on where you are at. In your specific example... situation would dictate. The persons priors would come into play, the alcohol factor of course (I mean, how many times has one dude looked at another dude in a bar brawl and said "I'm gonna fukkin kill ya") Good question tho!

01-05-2007, 08:24 AM	#7
spartanws6 XDTalk Member Join Date: Jun 2006 Posts: 88	as an after thought.... hopefully the "victim" would have taken offense to the threat and the "suspect" would have gotten his royal ass beat by the "victim" and the "suspect" would never have gotten the opportunity to go get his shotty. there... problem solved before us cops ever get called

01-05-2007, 09:40 AM	#9
Wu Wei XDTalk 500 Member Join Date: Jun 2006 Location: Madison, WI Posts: 658	Officers have to be awfully careful these days. Everyone and their brother knows what BS to tell the police to get the other person in trouble. My cousin had that happen. It was a he said/she said and she won. He's got a record now and it really hurt him emotionally, he kind of lost trust in society after that..I don't know what really happened, but he doesn't seem like the type. He's pretty mellow. I've seen him take insults and just blow it off. __________________ "Since when do lyrical skills have to do with killin' a cat? / What kind of chitlins is that?" -MF Doom Humans have always carried a projectile weapon, a blade, and fire. Who am I to discard my humanity?

01-05-2007, 10:28 AM	#10
Mike TRT XDTalk 1K Member Join Date: Dec 2005 Location: Chicagoland Posts: 1,376	in the big city the police would walk up and everyone involved would get the "move along" chatter, in the burbs, it would probably be the same but with a bit more questioning.......if it were me, it would be "move along", talk is cheap, go get that shotgun, then we'll play and have ourselves an actual crime...... __________________ \"There is no hunting like the hunting of a man. And those who have hunted men long enough and liked it never cared for anything else thereafter.\"

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode