Posted on 02/21/2011 11:04:08 AM PST by jaydubya2
LA PORTE — A La Porte man will go to jail for pretending with his finger to shoot at police.
James Walpole, 57, was given 150 days in the La Porte County Jail and 30 days on probation.
He pleaded guilty to Class D felony intimidation.
On Dec. 20, La Porte Police twice responded to an apartment on Maple Avenue where Walpole lived with his ex-wife, according to court documents. Initially, Walpole was accused of grabbing the woman’s arm.
Officers less than an hour later were called back when he allegedly threw shoes and other items at her. According to court documents, Walpole told officers he would resist any attempts to arrest him. He quickly raised his hand and with his index finger pointed at Officer Jason Sponaugle and said, “Bang, bang,” according to police.
Walpole began resisting when informed he was being arrested and it took help from another officer to force him down to a couch. He kept putting up a physical struggle until Tasered, police said.
While being booked at the La Porte County Jail, he told La Porte Police Officer Robert Greer “You’re on the top of my list,” according to court documents.
Walpole, throughout the proceedings, used a hearing aid to understand Judge Tom Alevizos.
He could have faced an up to three-year sentence.
In exchange for the plea, another count of intimidation was dismissed. La Porte Police Assistant Chief Tom Heath said what Walpole did with his finger is not viewed by law enforcement as a joke given the dangers officers routinely face.
“It’s very inappropriate conduct. I applaud the court for taking the action that it did,” Heath said.
Class D felony intimidation the progressive way.
Just don’t pull it, unless you have a gas mask.
Just don’t pull it, unless you have a gas mask.
And your point?
Especially when he reiterated that the cop was 'at the top of his list'!
Sopt on brother.
Spot on brother.
oops
The citizens cannot and must not intimidate the union cops in ANY way or manner.<<
So if you intimidate a cop by threatening to shoot them at a later date, they should just:
a: Say they’re really sorry for bothering you, get back to beating your wife.
b: Apologize for the vulgar language and promise not to do it again, as they slink out the door.
c: Promise to help the guy change those pesky laws against beating your wife, while slinking out the door.
d: Help the guy beat his bi—ach of a wife ‘cuz she was wrong once he explained it to them.
He was not jailed for a “pull my finger” prank. He made a credible threat that was articulated to judge, given a serious time out...150 days, and his ex wife is still alive.
I’ve known cops that have lost their careers over domestic violence. Cops don’t like it in general, and a lot of the cop wives and now husbands don’t like it either.
Times are changing. Cops are changing. Some things for better, some things for the worse. This one is for the better.
DK
Incidents like this are why disorderly conduct statutes were written.
Charging someone with a felony for pointing a “finger-gun” is grossly disproportionate to the magnitude of the offense. There’s no mention of an actual weapon in the story. There is, therefore, no justification to proceed as though an actual weapon was involved.
Heated words like “You’re at the top of my list,” are just that - heated words. They may be foolish and stupid in the circumstances, but they are not credible threats by any reasonable standard. Considering them to be threats requires abandoning all semblance of reason, which is what the police and courts did in this case.
A felony conviction is a life-changing event. Pursuing one on the damned-near-invisible basis of pointing a “finger-gun” ought to be the plot of a Monty Python joke, not the “substance” of a formal legal proceeding.
Was just thinking that the wife could have been intoxicated and called due to prior slights on her... just thinking....
This is absolutely outrageous.
Awwwww.....was the wittle powice officer scawed?
The judge should be keel-hauled.
This is absolutely outrageous.
Awwwww.....was the wittle powice officer scawed?
The judge should be keel-hauled.
Looks like the judge should issue an arrest warrant for both of them.
Did the defendant call the cops? No. I don’t care how many times the cops were called there. They could have been there 50 times. It matters not. He did not have a firearm, he didn’t brandish a firearm, and he didn’t assault or strike an officer. He may be a first-class jerk, but we don’t get to charge people with being a jerk. He’s got a first amendment right to be a jerk, and the SCOTUS has already found that the cops can’t arrest people for using undesirable language OR GESTURES, such as giving them the middle finger or saying “F” you to them.
No, there was a bitchy wife who kept throwing her weight around by calling them repeatedly. Since the law requires all domestic calls to be answered by an appearance, the cops had to show up. It was easier to just pull the guy out of there than screwing around with her repeated calls so they charged him with some BS charge. No wonder he resisted. The law is stacked against the men because of NOW, and I say that as a retired LE female with 30 years on the job.
Is he a jerk? Yep.
But the cops are bigger jerks. Not the first time. They have no respect for people’s constitutional rights.
Its loaded!
A friend of mine was forcibly removed from a Kid Rock concert a week ago. A City Police Officer working there was personally offended when he overheard my friend drop the "F-bomb" while talking to someone else.
I haven't heard if the cop tried to remove Kid Rock for dropping the same F-bomb 150 times from the stage, but I doubt it.
These guys just make up the laws as they go.
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