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Thread: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

  1. #121
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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by Excon View Post
    And there was no assault.
    That is what you are not getting.
    An Officer acting in a an Official Capacity and within training. is one acting within the law.
    Do you really not know that?
    When you ball up your fist and offer to beat the (bleep!) out of someone, that is assault.

    When you actually do beat the (bleep!) out of them, than that is battery.

    And assault is against the law, at least for most of us.
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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by Dittohead not! View Post
    When you ball up your fist and offer to beat the (bleep!) out of someone, that is assault.
    No it wasn't.
    It was hollow, made as an attempt by a Law Enforcement Officer to gain compliance.


    Quote Originally Posted by Dittohead not! View Post
    When you actually do beat the (bleep!) out of them, than that is battery.
    Which isn't what happened.
    Two strikes to his face, with the taser, a measurable and controlled response to Kell's grabbing and attempting to take the taser, caused the visible damage.


    Quote Originally Posted by Dittohead not! View Post
    And assault is against the law, at least for most of us.
    And this was not an assault. As I said. That is what you are not getting.


    240. An assault is an unlawful attempt, coupled with a present
    ability, to commit a violent injury on the person of another.

    CA Codes (pen:240-248)

    There was no unlawful attempt to commit a violent injury.
    Last edited by Excon; 01-30-14 at 07:59 PM.
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  3. #123
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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by Excon View Post
    NO it wasn't.
    It was hollow, made as an attempt by a Law Enforcement Officer to gain compliance.


    Which isn't what happened.
    Two strikes to his face, with the taser, a measurable and controlled response to Kell's grabbing and attempting to take the taser, caused the visible damage.



    And this was not an assault. As I said. That is what you are not getting.
    I get that's what you're saying. I just think you're wrong.
    "Donald Trump is a phony, a fraud... [he's] playing the American public for suckers." Mitt Romney

  4. #124
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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by Dittohead not! View Post
    I get that's what you're saying. I just think you're wrong.
    And again.
    This was not an assault. ...

    240. An assault is an unlawful attempt, coupled with a present
    ability, to commit a violent injury on the person of another.

    CA Codes (pen:240-248)

    There was no unlawful attempt to commit a violent injury.
    “The law is reason, free from passion.”
    Aristotle
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  5. #125
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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by Hatuey View Post
    Doesn't mean much. Juries are found to have been in the wrong quite regularly.
    True, but just like SCOTUS decisions they stand no matter what folks uninvolved in the case say.

  6. #126
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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by Excon View Post
    And again.
    This was not an assault. ...

    240. An assault is an unlawful attempt, coupled with a present
    ability, to commit a violent injury on the person of another.

    CA Codes (pen:240-248)

    There was no unlawful attempt to commit a violent injury.
    OK, so, assuming you're correct and the injuries were inadvertent, then perhaps technically "assault" is not the proper charge. Criminal threat may be more accurate.
    California Penal Code 422 PC defines the crime of "criminal threats" (formerly known as terrorist threats).

    A "criminal threat" is when you threaten to kill or physically harm someone and

    that person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family,
    the threat is specific and unequivocal and
    you communicate the threat verbally, in writing, or via an electronically transmitted device.1

    Criminal threats can be charged whether or not you have the ability to carry out the threat...and even if you don't actually intend to execute the threat.
    "Donald Trump is a phony, a fraud... [he's] playing the American public for suckers." Mitt Romney

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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by rocket88 View Post
    That's fine, they came to their verdict. I'm wanting Excon to tell me why the police were justified. I'm watching the video, and I don't really see him resisting arrest. In fact, he wasn't being arrested as they never mirandized him, so it was probably a trip to the psych ward. 6 officers had to come and taze him? A mental case, not even a criminal?

    The guy was clearly not right in the head, and Excon's trying to paint him as a dangerous criminal? Seriously, we don't even know why the police were talking to him in the first place, but it's obvious that the dude was nuts.

    I can accept the verdict. My beef is with Excon's characterization of the guy, which has absolutely no bearing on what happened that night.
    I understand. The guy may not have been a dangerous criminal, but he was dangerous. One of the reasons folks on PCP can be dangerous is that the normal safeguards (pain response, judgement and evaluating thought) are switched off. The same can be true of mentally ill folks. The word used to be berserkers.

  8. #128
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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by Dittohead not! View Post
    When you ball up your fist and offer to beat the (bleep!) out of someone, that is assault.

    When you actually do beat the (bleep!) out of them, than that is battery.

    And assault is against the law, at least for most of us.
    NOT when it's in response to an out of control force as was the case here.

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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by Dittohead not! View Post
    OK, so, assuming you're correct and the injuries were inadvertent, then perhaps technically "assault" is not the proper charge. Criminal threat may be more accurate.
    You are reaching to an extreme, and it is why you are wrong.
    He was acting in Official capacity attempting to gain compliance. Acting within his training.
    He was not threatening to commit a crime.

    422. (a) Any person who willfully threatens to commit a crime [...]
    “The law is reason, free from passion.”
    Aristotle
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    Re: Los Angeles California - 5000 Angelenos For Kelly Thomas Protest

    Quote Originally Posted by Dittohead not! View Post
    OK, so, assuming you're correct and the injuries were inadvertent, then perhaps technically "assault" is not the proper charge. Criminal threat may be more accurate.
    There's no assuming. He is correct

    No assault and no criminal threat by, the LEO

    Don't mess around with the officer trying to arrest you and you won't get tased/OC or punched in the face. Seems simple enough.

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