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7-year-old faces 2 felony charges for shooting BB gun
wsoctv.com ^ | April 2, 2013 | Trish Williford

Posted on 04/05/2013 5:48:14 AM PDT by Gorilla44

CATAWBA COUNTY, N.C. —

He looks like a typical 7-year-old boy, but on Tuesday night, Sam Grant is facing charges that many adults never will.

He is charged with two felonies for something that happened when his mother turned her back for just a second. His parents told Eyewitness News that they're outraged.

"We are both just shocked. We have been in a state of shock over this," said Ray Robbins.

Sam's parents said this scenario began in February when Sam was playing outside with his BB gun. They said he began shooting at an abandoned house right across the street, but instead, Sam shot two cars as they were passing by.

Sam's mother, Cherry Robbins, immediately called the Catawba County Sheriff's Department.

"The officer told me he did not want to charge my son, the lady told me she did not want him charged. The next thing I know, I am getting a letter from the DPS saying he has been charged with two felonies," said Cherry.

Sam is charged with two felony counts of discharging a firearm into an occupied vehicle. If convicted he faces one year probation and hundreds of hours of community service.

(Excerpt) Read more at wsoctv.com ...


TOPICS: News/Current Events; US: North Carolina
KEYWORDS: banglist; bbgun; bbguns; catawba; childarrested; felony; guncontrol; nc; samgrant; secondamendment
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A BB gun is considered a firearm in NC?
1 posted on 04/05/2013 5:48:14 AM PDT by Gorilla44
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To: Gorilla44

I thought BB guns lacked the critical “fire” component involved with most powder-based cartridges?


2 posted on 04/05/2013 5:49:29 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: Gorilla44
Little Ralphie from A Christmas Story would be on death row then, or probably executed by now. Wow!
3 posted on 04/05/2013 5:50:41 AM PDT by laweeks
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To: Gorilla44

Fully automatic assault BB gun. Only the military needs something like that.


4 posted on 04/05/2013 5:51:25 AM PDT by ClearCase_guy (The ballot box is a sham. Nothing will change until after the war.)
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To: Gorilla44

Well—I agree that the kid should be punished-—but this is a bit over the top!

Actually—it’s a lot over the top!

I’d be really upset if a kid shot a BB gun at my car and damaged a window or made a dent in the car, or chipped the paint.........but I certainly wouldn’t want the 7 yr old to be charged with a felony.

How crazy is that?


5 posted on 04/05/2013 5:53:37 AM PDT by basil (basil, 2ASisters.org)
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To: Gorilla44

Good catch.
Firearm.

A handgun,
shotgun, or rifle which expels a projectile by action
of an explosion.

http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H650v6.pdf


6 posted on 04/05/2013 5:53:47 AM PDT by mnehring
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To: Gorilla44

I am dumbfounded as to how NC is becoming more and more like new yawk every day! I feel sorry for the REAL North Carolinians!


7 posted on 04/05/2013 5:54:16 AM PDT by 21st Century Crusader (August 26, 1191)
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To: Gorilla44

Gosh, probation for a 7 year old will be tough. Stay
mostly at home, in by dark, be accompanied by parents,
attend school. In other words,carry on Sam! LOL!


8 posted on 04/05/2013 5:54:49 AM PDT by americas.best.days... ( I think we can now say that they are behind us.)
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To: rarestia

I guess it depends upon where you live..

” Air rifles, air pistols, and BB guns shall not be deemed “dangerous firearms” within the meaning of this statute except in: Anson, Caldwell, Caswell, Chowan, Cleveland, Cumberland, Durham, Forsyth, Gaston, Harnett, Haywood, Mecklenburg, Stanly, Stokes, Surry, Union and Vance Counties.”

(last paragraph)

http://www.bullshooterssupply.com/store/ncfirearmslaws.php


9 posted on 04/05/2013 5:59:32 AM PDT by Bigh4u2 (Denial is the first requirement to being a liberal)
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To: Gorilla44

she it, my friend, mom of two, told me a story about how they would shoot their bebe guns into the nieghbors’ patio cocktail parties when she was a kid. He dad ran the power and light in St. Louis.


10 posted on 04/05/2013 5:59:40 AM PDT by yldstrk (My heroes have always been cowboys)
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To: Gorilla44

One would have to look up the criminal definition of a firearm in NC and projectile - I know in WV we used to come across this with pellet guns, bows/arrows, and sling shots — didn’t matter if it was fired by gunpowder or by another method - a projectile was launched causing damage either to a person or property...I would say the same is being applied here. Had the BB struck the passenger causing the driver to lose control of the vehicle, thus resulting in a collision, be property (vehicle, light pole, house) or injuring a person or a fatality - then I can see why they are going after this little 7 r old. What it doesn’t say is whether they have been complaints logged against this kid in the past - and the DPS is pursuing it because the prosecutor says to!


11 posted on 04/05/2013 5:59:55 AM PDT by BCW (http://babylonscovertwar.com/index.html)
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To: basil

Were it my kid I would stomp down to child services and seek out the dimwit who suggested this and show them exactly what a felony looks like.

7yo and felony don’t go hand in hand. Just try to prove he had the mental accuity to know he was violating a law is impossible.

BB and firearm don’t belong in the same sentence either unless it were a 22BB cap which I doubth this is.

Too much unemployment and people living off the system not working causes matters like this to happen. As my father used to say, idle hands are the workshop of the devil.


12 posted on 04/05/2013 6:01:12 AM PDT by Mouton (108th MI Group.....68-71)
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To: Gorilla44

Without the requisite FIRE, how in the hell is it considered a FIREarm?


13 posted on 04/05/2013 6:02:18 AM PDT by Dead Corpse (I will not comply.)
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To: Gorilla44

Well, he did shoot two cars that were not appropriate and fair game targets ..

Gotta pay fer irresponsible and imapriate targets ...


14 posted on 04/05/2013 6:03:19 AM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Gorilla44

Meanwhile the NC Parole Board is probably letting some serial killer/child molester/rapist out of prison early for “good behavior”.


15 posted on 04/05/2013 6:05:08 AM PDT by Stevenc131
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To: Gorilla44

This is as bad an over-reach of authority as the 3-year old in Piedmont, Oklahoma, being ticketed ($3,500, IIRC) for peeing in his front yard.

Sure, this kid needs to be punished and talked to about the severity of his actions; but at his age, he does not understand how bad the results of his actions could have been.


16 posted on 04/05/2013 6:05:36 AM PDT by TomGuy
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To: Gorilla44

My 12 year old son was charged with a felony over shooting at a well padded friend (at friend’s request) with a blow dart. The friend, nor his parents wanted to press charges,....a nosy neighbor saw it and called the police. The cops ‘deemed’ this a weapon and charged him with assault with a weapon.

We plead him down to a misdemeanor and plead guilty in abeyance with community service that was completed. That was back in 1996, and in Utah.

It still seems like a nightmare that cost us a fortune in attorneys fees.

He grew into a great man. At 29 years old, he is a homeowner with two kids, a great job he’s had since he was 17, and the most lovely wife.


17 posted on 04/05/2013 6:07:48 AM PDT by colorcountry (The gospel will transform our politics, not vice versa (Romans 12:1,2))
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To: Gorilla44
The officer told me he did not want to charge my son

Officers lie, regularly.

18 posted on 04/05/2013 6:08:31 AM PDT by tbpiper
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To: TomGuy

Wow, myself and sons would be more than broke if we got fined for every time we went in the yard.


19 posted on 04/05/2013 6:08:38 AM PDT by Resolute Conservative
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To: Gorilla44

Catawba County District Attorney: two newspapers have recently called for the resignation of Jay Gaither. A number of people have cited his ineffectiveness and habitual drunkenness as factors.

http://www.observernewsonline.com/content/dwi-das-office


20 posted on 04/05/2013 6:10:52 AM PDT by KeyLargo
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To: Gorilla44

Catawba County officials need a good FReeping.

An avalanche of emails and bad national publicity made Piedmont, Oklahoma, a laughingstock for ticketing a 3-year old for peeing in his front yard. The city council and mayor backed down after the light was shown on their ridiculousness.

==

My gosh! What if someone gave the kid a Pop Tart and he nibbled it into a shape vaguely resembling ... a hand gun????

==


21 posted on 04/05/2013 6:10:54 AM PDT by TomGuy
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To: Gorilla44

Once, while heading down the mid-city highway, I came across two boys hurling rocks into traffic. I might not have noticed had they not hit my vehicle. No damage was done. But I called the police nonetheless and met the officer to confront the boys. I told the officer I was not interested in filing charges or making insurance claims. But the boys needed the fear of the Lord put into them before they sent a rock through someone's windshield and ended up killing someone. The officer respected my wishes and the kids (with a parent) got "a talking to". That was it -- and sufficient, I believe, to cure the boys' desire to hit improper moving targets. If a BB gun is now considered a firearm in NC, these boys were mighty lucky they were throwing rocks in WI ... rocks would be considered grenades in NC!


22 posted on 04/05/2013 6:11:04 AM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Gorilla44

The point is not about justice but to get another person, particularly a childl, in the system. Justice in this country is mostly an industry.


23 posted on 04/05/2013 6:11:11 AM PDT by tbpiper
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To: basil

Actually it’s stupidity run amok which in turn represents what America has become.

A good ass whopping, grounding the kid and taking his BB gun away for a short while would be sufficient... lesson learned.

My guess is the parents will be held accountable, potentially unfit and the child removed and turned over to social services, local idiots will be up in arms (non-lethal of course and I’ll be reprimanded for using the term up in arms) a ban will be implemented on BB guns, a court will award the owner of the car several million in emotional damages, compensation for loss of work and then be awarded disability benefits from the government for PTSD.


24 posted on 04/05/2013 6:13:20 AM PDT by maddog55 (America Rising.... Civil War II)
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To: Gorilla44

Well, of course, this kid being charged with two felonies is ridiculous. All the same, why weren’t the parents supervising him more closely?


25 posted on 04/05/2013 6:14:34 AM PDT by MEGoody (You shall know the truth, and the truth shall make you free.)
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To: All

The dad posted a comment.

We did not allow him to shoot at the house across the street. He was in our very large back yard shooting at his targets with his mother supervising. She stepped inside for long enough to put food in the oven for dinner, and trusted him to stay in the back yard with his targets. He was told to wait until she returned before he shot again. He did not wait. His mom and I agree, we made mistakes in terms of leaving him unattended. It will never happen again. He has been punished over and over for this, the damages were paid in full in less than 3 days after the incident. The person that owns the abandoned house which is about to fall down, I have known for over 15 years. He is already doing community service at our order with our church (cleaning, etc) to repay us for what we came out of pocket for. His bb gun is not a high powered model, it is a Red Ryder spring operated bb gun, 300-400 feet per second at most is the muzzle velocity. I agree that at that power it can still hurt someone easily. For those of you that are so perfect with such perfect children that are passing judgement on us for our mistake, I invite you to come to our home and see how well behaved our son is. Friend me on Facebook and you will see that we are good people who love our son very much. The only reason we got the news involved was because we have a huge problem with the word FELONY that has been put upon our son. We would gladly accept the charges instead of our son, unfortunately, I don’t think that will be a possibility. After the incident occurred, the authorities were called immediately and it was reported by us. Those of you that are accusing us of being terrible parents and calling our son a demon, please, know more about what you are talking about before you comment. I am shocked at some of the things that are being said here by fellow American people. My child is not a mean or malicious person, he is curious about everything. I am not condoning what he did in any way. I am just saying, people make mistakes unlike a lot of the perfect people that come out of the woodwork when something like this happens. I hope this clears up some of the confusion and changes the way people are looking at this terrible situation. If you have any more questions, call me! 704.691.9316, that is my personal cell phone number, I will gladly talk with anyone about what happened. Friend me on Facebook, message me, I will gladly take time to defend the honor of my family. Thank you.


26 posted on 04/05/2013 6:16:27 AM PDT by Gorilla44
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To: americas.best.days...
Age 16, driver's license application; "Ever been convicted of a felony? .. Explain"


Age 17, enlistment questionaire; "Ever been convicted of a felony? .. Explain"


Age 21, job application; "Ever been convicted of a felony? .. Explain"


Marriage license, college entry papers, ANY application for ANYthing ...

"Ever been convicted of a felony? .. Explain"


The sick part of this whole thing?

There really ARE people that think, "Welll ... serves him right, shouldn't've done that"

It's a damned good thing no one saw (or if they did never turned me in) chase Paula Taylor after school and flip up her dress to see her panties back in ... what? ... 1955 or 6

(I was about 7 years old)

27 posted on 04/05/2013 6:18:50 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: KeyLargo

Wait a minute. I thought ineffectiveness and habitual drunkenness were hallmarks of a successful career politician.


28 posted on 04/05/2013 6:19:48 AM PDT by Dr. Thorne ("How long, O Lord, holy and true?" - Rev. 6:10)
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To: Gorilla44

Wow,

Just thinking from a mental development perspective. Did the Child even understand that it was wrong to shoot at cars?

In this case, the parents were dumb to put a BB gun into the hands of a 7 year old kid. Not without being certain he is mature enough to handle it responsibly.

Parents messed up, kid gets a felony charge which will ruin his life. This whole scenario is a case of cruel and unusual punishment.


29 posted on 04/05/2013 6:23:38 AM PDT by Bayard
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To: basil
Well—I agree that the kid should be punished-—but this is a bit over the top!

I did much the same thing when I was a lad....but with a homemade slingshot. Bike tire tube and a nice piece of "Y" shaped hickory. I aimed at and hit a moving vehicle. The occupant was a large young man. He chased me down and when he caught me he lifted me by the collar so we were face to face. He said, "Let me drive you home kid."

My father was not pleased, made me apologize and then proceeded to tan my hide with the slingshot. This seemed to placate the young man and all parties involved seemed satisfied with the outcome. Except my arse that is.

30 posted on 04/05/2013 6:25:08 AM PDT by Bloody Sam Roberts (For me, I plan to die standing as a free man rather than spend one second on my knees as a slave.)
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To: Gorilla44

While the DOJ can’t find anything to charge Jon Corzine with........


31 posted on 04/05/2013 6:25:08 AM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: americas.best.days...
Gosh, probation for a 7 year old will be tough.

Maybe not. But in the long run, a felony conviction on his record will not serve him well. Probably no chance of getting a CCW permit. Probably not much luck getting a good job. Plenty of other consequences. His parents need to get a top notch attorney and get this case dismissed or at least an acquittal.

32 posted on 04/05/2013 6:27:55 AM PDT by Bloody Sam Roberts (For me, I plan to die standing as a free man rather than spend one second on my knees as a slave.)
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To: Bloody Sam Roberts
My brother and I invented a mortar from a pipe shoved in the ground, a lit firecracker dropped down followed by a marble.

We tried to hit big trucks, but never hit anything ... trajectory and all that math was SO far from us.

We gave up when we ran out of marbles.

These days it's star war battles with roman candles and other fellow 60 plus year olds ...

/8^)

33 posted on 04/05/2013 6:31:25 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: Gorilla44
When I was a kid we chose up sides and had serious BB gun wars.
No one ever got hurt but it wasn't because we didn't try.

We grew up on news reports, movies and comics about WWII and the Korean War so we were just
normal blood-thirsty, red-blooded American kids training to fight the Japs, Krauts, Gooks and Chinks.

Back then grown men didn't pee their pants over a cloud shaped like a sideways letter "L".


34 posted on 04/05/2013 6:33:23 AM PDT by Iron Munro (Welcome to Obama-Land - EVERYTHING NOT FORBIDDEN IS COMPULSORY)
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To: Bigh4u2

Good link, thanks. So the BB gun is not a “dangerous firearm” in Catawba county.


35 posted on 04/05/2013 6:33:35 AM PDT by cyn (Benghazi.)
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To: Gorilla44

Just part of the continuing war on the “gun culture”. Punish kids for drawing guns, making guns from pop tarts, pointing finger guns, shooting BB guns, etc. Brainwash kids that only the government should have guns, anyone else with one is a potential criminal/mass murderer. Make parents afraid to get that first BB gun for their kid so they never develop an interest in shooting. “My gosh, junior might end up with a felony if he’s out in the yard with a BB gun and a cop comes by.” The left want as many people as possible to loathe and fear guns and gun owners.


36 posted on 04/05/2013 6:36:39 AM PDT by barefoot_hiker
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To: Dead Corpse

Apparently doesn’t matter.

The guy who works at the WallyWorld sporting department showed us an air rifle that looks sort of like an AR15.

He said a cop told him if that he saw somebody with it, he’d shoot them.

Nice.

There’s also Walther P99 clone air pistol.

I thought about buying one for plinking on the ridge but now, maybe not.


37 posted on 04/05/2013 6:38:29 AM PDT by Salamander (Like acid and oil on a madman's face, reason tends to fly away.....)
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To: cyn

I just called the dad to find out how I could help and he told me they went to court this morning and all charges have been dismissed. News crews are at his house right now waiting for his statement.


38 posted on 04/05/2013 6:38:40 AM PDT by Gorilla44
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To: BCW
3 comments...

Kid was shooting in the direction of the road, and a house. Even if there was a "legitimate" target involved, there should be a way to catch / smother any misses or ricochets. So, IMO, and from the limited info in this article, kid wasn't being safe.

What was the Mom thinking? When WBill Jr. is shooting, I don't let him out of my sight, even "just for a second". Sure, he'd likely be fine, but mistakes happen.

Finally, the gun needs to be taken away from the kid, IMO, for reasons #1 and #2. If I did something like this at his age, I'd have lost the gun (likely for good) and wouldn't be able to sit down for a week, to boot.

But a felony charge? Methinks that the prosecutor is looking to see his name in the paper.

39 posted on 04/05/2013 6:40:15 AM PDT by wbill
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To: Gorilla44

That’s great news! So glad you could get in touch w them!

HOW could a felony charge occur, given the detailed legal exclusion of Catawba?


40 posted on 04/05/2013 6:41:17 AM PDT by cyn (Benghazi.)
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To: knarf
These days it's star war battles with roman candles and other fellow 60 plus year olds ...

I can relate to that. We had many such a battle with Roman candles. But I was 16 then.

41 posted on 04/05/2013 6:41:17 AM PDT by Bloody Sam Roberts (For me, I plan to die standing as a free man rather than spend one second on my knees as a slave.)
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To: tbpiper

Years ago I was standing on my back patio when I got shot in the head with a BB gun from the kid across the alley. It hurt like hell and I was bleeding like a stuck pig. I saw the the little brat in his backyard with the gun so I ran over and opened their gate to the backyard. He had already fled into the house so I started banging on the back door.

He was the only one home, got scared and called his parents. They in turn called the cops. When they got there I had blood all over my face and clothes and must have looked pretty bad. To make a long story short, the cops were gonna charge ME for trespassing! They said I should not have entered their backyard without permission! Even IF I was shot. I threatened to sue and that shut it down real quick.

Anyways, the kid got punished by the parents and I went on my way. Six months later that BB, unbeknownst to me, was still in my head and had surfaced to the top. I had it removed and all was well.

So yes, BB guns can be dangerous. But charging a 7 year old with a felony because he shot at a car? REALLY??


42 posted on 04/05/2013 6:41:57 AM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: Salamander

The AR was more than likely either an air-soft, shooting plastic pellets, or a paintball gun. I’ve had my eye on both for my kids for a while now. I have an HK MP5k airsoft that I picked up in Japan.

Tons of fun but less dangerous than your average baseball.

None of which justifies charging a 7 year old with two felonies for shooting a bb gun. Period.


43 posted on 04/05/2013 6:42:07 AM PDT by Dead Corpse (I will not comply.)
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To: Dr. Thorne
Wait a minute. I thought ineffectiveness and habitual drunkenness were hallmarks of a successful career politician."

Yes, definitely a resume enhancer for a career in politics.

44 posted on 04/05/2013 6:42:30 AM PDT by KeyLargo
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To: so_real
rocks would be considered grenades in NC!

Some f*ckwit sociopath was dropping rocks off an overpass onto oncoming traffic on interstate 75 here in Atlanta about 20 years ago. He killed a woman sitting in the passenger seat of a car while her husband was driving and her kid was in the back seat. You still think this is just a joke and maybe he deserved a "talking to?"

45 posted on 04/05/2013 6:42:59 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: Gorilla44

Who’s going to save the local folk from Black Bart now?


46 posted on 04/05/2013 6:43:50 AM PDT by dfwgator
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To: Salamander

“The guy who works at the WallyWorld sporting department showed us an air rifle that looks sort of like an AR15.

He said a cop told him if that he saw somebody with it, he’d shoot them.”

“Carrying a note in his pocket saying he was terminally ill but couldn’t “do the deed” himself, a man walked into the Vernon Hills police station early Wednesday and brandished a realistic-looking fake handgun before an officer shot and wounded him, authorities said.”

http://articles.chicagotribune.com/2013-04-03/news/chi-vernon-hills-police-shooting-20130403_1_officer-shot-lazarus-police-station


47 posted on 04/05/2013 6:45:49 AM PDT by KeyLargo
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To: Bigh4u2

Ping to above, charges dropped:

// I just called the dad to find out how I could help and he told me they went to court this morning and all charges have been dismissed. News crews are at his house right now waiting for his statement. //


48 posted on 04/05/2013 6:45:58 AM PDT by cyn (Benghazi.)
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To: Gorilla44
Good post...

I retract my first comment about the poor target placement.

It sounds like the kid just really screwed up, as kids are wont to do. My bet is that it won't happen again. A little sweat equity to work off the damages is an excellent reinforcement.

Assuming that the "journalist" got the facts right.... I still think that the local prosecutor is being overzealous, though. If he can't handle a rowdy seven year old without dumping felony charges on their head....then he needs to find a new job.

49 posted on 04/05/2013 6:48:40 AM PDT by wbill
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To: Bloody Sam Roberts

Try it again NOW with other adventurous peers ... INFINITELY more fun.


50 posted on 04/05/2013 6:49:27 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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