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Re: O.T. Farmer gets to walk.
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Posted by Mike (WA) on February 21, 2007 at 10:23:56 from (69.10.197.227):
In Reply to: O.T. Farmer gets to walk. posted by NEsota on February 21, 2007 at 08:06:31:
"Couldn't prove the case beyond a reasonable doubt?" No shi%, Red Ryder! Assault with a deadly weapon requires that the weapon be deadly, which an unloaded shotgun is not, and the intent (or recklessness) of the perp to cause serious bodily harm (which is impossible if you are wielding a gun you know to be unloaded). So now the poor guy will plead to 2 misdemeanors, and be happy to do so, but he would have won an acquittal on the felony had it not been dropped. I do recommend that he continue to be armed with a Pomeranian when on his rounds- he can annoy the crook to death with the yappy little sucker.
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