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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: jude24

Should this be forwarded to a Montana prosecutor?

DK


360 posted on 08/21/2005 10:14:30 AM PDT by Dark Knight
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To: jude24

If I were CJ, I'd beg a moderator to pull this tread if this has any truth to it.


362 posted on 08/21/2005 10:16:44 AM PDT by Nathan Zachary
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To: jude24
Plus the man bragged on a public forum about how his gun intimidated others. His initial post would be terrific evidence of criminal intent.

"Bad boys Bad Boys

Whatcha gonna do?

Whatcha gonna do when they come for you??"

379 posted on 08/21/2005 10:26:09 AM PDT by You Dirty Rats (Forget Cindy; The Problem Is The Left and MSM Who Use Her to Attack Bush AND Our Troops!!)
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To: jude24

Probably the whole loud table only surfs DU... but who knows?


524 posted on 08/22/2005 2:41:12 AM PDT by HiTech RedNeck (No wonder the Southern Baptist Church threw Greer out: Only one god per church! [Ann Coulter])
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