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To: xcamel

Seeing someone with a gun hanging from their hip and having a short old bald man walking around your table s-l-o-w-l-y so you can have a r-e-a-l good look, while telling you to shut up is a completely different thing.

Something wrong with that image. You can bet the prosecutor will have a poster drawn of that and facing the jury during the entire trial.


351 posted on 08/21/2005 10:01:29 AM PDT by Nathan Zachary
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To: Nathan Zachary
This CholeraJoe could be prosecuted for intimidation in violation of Montana Law MCA 45-5-203:
A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, he communicates to another, under circumstances which reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority ... [to] inflict physical harm on the person threatened or any other person;
The prima facie elements are all present here:
1. Purpose to cause another to omit the performance of an act. In this case, Cholera Joe sought to force the other patrons in the resturaunt to quiet down.
2. Communitcated a threat. CholeraJoe, by his own admission, circled around slowly so they could clearly see that he was armed.
3. Without lawful authority. CholeraJoe, as a patron, had no authority to demand other patrons do anything at all.
4. Threat to inflict physical harm. Well, the firearm display wasn't just to show off his cool toy, but an unspoken warning that he had a gun and was willing to use it.

Good job, CholeraJoe. You committed a felony punishable by 10 years imprisonment and a $50k fine. Brilliant.

357 posted on 08/21/2005 10:11:07 AM PDT by jude24 ("Stupid" isn't illegal - but it should be.)
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To: Nathan Zachary
Seeing someone with a gun hanging from their hip and having a short old bald man walking around your table s-l-o-w-l-y so you can have a r-e-a-l good look, while telling you to shut up is a completely different thing.

Alright...how about a slim, 6'-3", well dressed man in a suit with a gun on his hip...oh yea...and with a full head of hair? Would this grant the complainant the power to ask that they keep the noise down?

358 posted on 08/21/2005 10:11:48 AM PDT by cbkaty (I may not always post...but I am always here......)
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