tag:blogger.com,1999:blog-8515829.post3695271264463104698..comments2024-03-28T20:42:14.758-07:00Comments on Irons in the Fire: On the DC cop who pulled his gun at a snowball fightFirehandhttp://www.blogger.com/profile/04562365951182027709noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8515829.post-49800543268464443412009-12-21T18:50:42.359-08:002009-12-21T18:50:42.359-08:00There's an awful lot of 'could be' and...There's an awful lot of 'could be' and 'might' involved in that.<br />Yes, throwing snowballs at cars is dumb. And illegal. Drawing a sidearm over such is bullshit. And having a number of people throwing may meet the technical definition, but that ain't a riot. And shouldn't be treated as such.Firehandhttps://www.blogger.com/profile/04562365951182027709noreply@blogger.comtag:blogger.com,1999:blog-8515829.post-59428716907790739322009-12-21T17:51:28.952-08:002009-12-21T17:51:28.952-08:00Well anon,
All of that would have made a good poi...Well anon,<br /><br />All of that would have made a good point and the beginning of a decent discussion, except for the first sentence ad hominem that ruined it.GuardDuckhttps://www.blogger.com/profile/08622236339096746029noreply@blogger.comtag:blogger.com,1999:blog-8515829.post-39667323118044641422009-12-21T17:12:23.000-08:002009-12-21T17:12:23.000-08:00You make me sick.
Under Oklahoma law O.S. 11-1111...You make me sick.<br /><br />Under Oklahoma law <a href="http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=437257" rel="nofollow">O.S. 11-1111</a>, throwing any substance at a moving vehicle is a felony punishable by up to 10 years and up to a $10k fine. As it should be.<br /><br />Moreover, <a href="http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=69267" rel="nofollow">O.S. 643</a>, subsection 3, allows the minimum necessary necessary use of force merely to prevent interference with the lawful use of property (the vehicle).<br /><br />The fact that more than two people participated in the attack would have made it a riot under Oklahoma law. The fact that the victim, as such, was a cop would have made it a felony with a mandatory minimum two year sentence (<a href="http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=69817" rel="nofollow">O.S. 1312, subsection 2</a>). Likewise, any of the rioters wearing a ski mask ("disguised") would have been sent up on a mandatory two year minimum sentence (subsection 3).<br /><br />Under <a href="http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=70273" rel="nofollow">O.S. 104</a>, the office would have had a positive duty to suppress the riot. Drawing a gun does <i>not</i> constitute unnecessary use of force in such circumstance. (Although it <i>is</i> pointless if you have fewer bullets than rioters, as the cop apparently decided.)<br /><br />Oh, and intentionally hitting a person in the face without their consent is assault and battery. Even with a snowball. Preparing for a potential escalation of the attack is not excessive use of force.Anonymousnoreply@blogger.com