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scfop3 · 6 years ago

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New Post has been published on https://scfop3.org/law-enforcement-liability-reporter-january-2019/

Law Enforcement Liability Reporter January 2019

A civil liability law publication for Law Enforcement

ISSN 0271-5481

Cite this issue as 2019 LR January

CONTENTS

Digest Topics

Assault and Battery: Physical

Domestic Violence and Child Abuse

Electronic Control Weapons: Dart Mode

Firearms Related: Intentional Use (4 cases)

Firearms Related: Second Amendment Issues

First Amendment (2 cases)

Resources

Cross References

MONTHLY CASE DIGEST

Some of the case digests do not have a link to the full opinion.

Most Federal District Court opinions can be accessed via PACER. Registration required. Opinions are usually free; other documents are 10¢ per page.

Access to cases linked to www.findlaw.com may require registration, which is free.

Assault and Battery: Physical

A female motorist passed a state trooper’s marked vehicle. The trooper checked and discovered that the vehicle’s registration was expired and began a traffic stop, activating his emergency lights, spotlight, and sirens, and recording the incident on his dash-cam. The driver decelerated and pulled onto a narrow and unlit shoulder before returning to the road and accelerating to 35-38 mph, a speed maintained for the rest of the pursuit. When she continued past the last exit before the nearest city, the trooper initiated a Precision Immobilization Technique (PIT) maneuver, striking her right-rear fender with his left-front bumper, which caused her car to spin into a ditch, hitting a cement culvert. The motorist and her child were treated at a hospital and released. She was given citations for misdemeanors of expired tags and failure to yield to an emergency vehicle.

A federal appeals court ruled that the trooper was entitled to qualified immunity on excessive force claims. The right to be free from a PIT maneuver in these circumstances was not clearly established. From a reasonable officer’s perspective, the motorist refused to comply with commands to pull over. At the time, the trooper was justified in using some force to secure compliance. Moore-Jones v. Quick, #18-1045, 2018 U.S. App. Lexis 33339 (8th Cir.).

Domestic Violence and Child Abuse

County social workers who suspected child abuse removed four children, all under the age of six, from a family home. They were taken to a temporary shelter and all given invasive medical examinations without their parents’ knowledge or consent, and without a court order. A federal appeals court ruled that the county violated the parents’ Fourteenth Amendment substantive due process rights when it performed the medical examinations without notifying the parents about the examinations and without obtaining either the parents’ consent or judicial authorization. The searches were unconstitutional under the special needs balancing test if performed without the necessary notice and consent. In this case, the county violated the children’s Fourth Amendment rights by failing to obtain a warrant or to provide these constitutional safeguards before subjecting the children to invasive medical examinations. Mann v. County of San Diego, #16-56657, 907 F.3d 1154 (9th Cir. 2018).

Electronic Control Weapons: Dart Mode

****Editor’s Case Alert****

A police officer used a Taser twice in the dart mode on a 12-year-old student at a school for the deaf after giving him warnings that he would do so if he did not follow the officer’s instructions to put down a large rock. A federal appeals court held that the officer was entitled to qualified immunity because it was objectively reasonable for him to believe that, given the undisputed facts, his conduct complied with clearly established law. In this case, the student was a threat to himself and others, and the officer had a reasonable basis to believe that his instructions and warnings were being conveyed to the student by faculty in American Sign Language (ASL) and the student was ignoring them.

The student got into a confrontation over a takeout food order with a teacher at his school, became angry, ran from the dorm, and entered a nearby, fenced-off construction area. The teacher followed, and the student picked up a stick and hit him, and then commenced throwing rocks, also hitting the teacher at least once. The school reported in a 911 call that the student was “out of control” and “making the situation dangerous.” Muschette v. Gionfriddo, #17-3817, 2018 U.S. App. Lexis 34470 (2nd Cir.).

Firearms Related: Intentional Use

A female police officer shot a man who was cutting himself with a knife in the waiting area of a psychiatric center. He argued that this violated his Fourth Amendment right to be free from unreasonable seizures. The officer moved for summary judgment based, in part, on her qualified immunity to federal damage claims. The trial court denied the motion, concluding that she could not constitutionally shoot the plaintiff unless he posed an immediate threat to herself or others and only after providing some kind of warning, if feasible. The federal appeals court dismissed the appeal to the extent it challenged the trial court’s assessment of the factual record and otherwise affirmed the denial of summary judgment. Begin v. Drouin, #17-1451, 2018 U.S. App. Lexis 32448 (1st Cir.).

An officer who shot and killed a man was sued for excessive force. A federal appeals court, ruling in an appeal of denial to summary judgment to the officer on the basis of qualified immunity, ruled that it lacked jurisdiction to consider questions of evidentiary sufficiency on an interlocutory review, and thus dismissed the officer’s appeal with respect to the claims that the shooting violated the decedent’s Fourth Amendment right and the plaintiff family’s Fourteenth Amendment rights. The appeals panel reversed the trial court’s denial of qualified immunity on the Fourth Amendment claims pertaining to the stop, holding that the officer’s actions during the investigative stop did not violate any clearly established law. In this case, the officer had reasonable suspicion to stop and investigate the decedent after the 911 call warning of an armed man matching his description, and unholstering a gun during the stop did not constitute a violation of the right to be free from excessive force. Foster v. Hellawell, #17-55167, 2018 U.S. App. Lexis 32797 (9th Cir.).

A 19-year-old black man was attending a party at a motel when another young black male pulled a gun and robbed the guests, including him and held them all hostage. A woman called 911 to report the incident and then kept her phone hidden and open so the 911 dispatcher could hear events as they unfolded, including an apparent confrontation between the man with the gun and someone with a knife, who was the 19-year-old male. The man with the gun demanded that the man with the knife give it up. During the police response to the incident, the 19-year-old fled from the room while the robber fired shots.

The 19-year-old was shot and killed by three officers who fired 17 rounds while he was lying on the ground. A federal appeals court reversed summary judgment for the defendant officers. The resolution of the conflicting testimony between one officer’s more or less contemporaneous statement to investigators (that he had shot the decedent despite his compliance with commands) and all of the officers’ subsequent unified conflicting deposition testimony should be left to a jury and the district court erred in finding the defendants entitled to qualified immunity. Henderson v. City of Woodbury, #17-1385, 2018 U.S. App. Lexis 33334 (8th Cir.).

In an excessive force case arising from the fatal shooting of an armed civilian by a state trooper, a federal appeals court upheld a grant of summary judgment to the officer on the basis of qualified immunity. The decedent, after a nearly three-and-one-half-hour standoff in which he was repeatedly warned to drop his weapon, persisted in pointing a loaded semi-automatic firearm narrowly above the heads of three officers, who were within easy firing range. Qualified immunity protects public officials, including police officers such as the defendant, the court noted, from civil liability while acting under color of state law, with the exception of officials who act incompetently or in disregard of clearly established legal principles. Conlogue v. Hamilton, #17-2210, 906 F.3d 150 (1st Cir. 2018).

Firearms Related: Second Amendment Issues

The state of New Jersey passed a law limiting the amount of ammunition that may be held in a single firearm magazine to no more than 10 rounds, N.J. Stat. 2C:39-1(y), 2C:39-3(j). Rejecting a Second Amendment challenge as well as challenges citing the Fifth Amendment’s Takings Clause, and the Fourteenth Amendment’s Equal Protection Clause, a federal appeals court held that the law reasonably fits the state’s interest in public safety and does not unconstitutionally burden the Second Amendment’s right to self-defense in the home. The law does not require gun owners to surrender their magazines but instead allows them to retain modified magazines or register firearms that have magazines that cannot be modified. Because retired law enforcement officers have training and experience that makes them different from ordinary citizens, the law’s exemption that permits them to possess magazines that can hold more than 10 rounds does not violate the Equal Protection Clause. Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, #18-3170, 2018 U.S. App. Lexis 34380 (3rd Cir.).

First Amendment

****Editor’s Case Alert****

The Pennsylvania Supreme Court held that threatening police officers in the lyrics of a rap song was not protected speech, so that prosecuting the rapper for witness intimidation and terroristic threats in a music video entitled “Fuck the Police” did not violate the First Amendment. In that video, Jamal Knox, using the name Mayhem Mal, threatens to kill the two police officers and an informant that led to his conviction on a 2012 drug charge. The judges reasoned that the lyrics themselves were “both threatening and highly personalized to the victims.” Even the dissenting opinion found that Knox intended to communicate a true threat. In the lyrics, he names the police officers, and states how and where he was going to kill them, in rather specific terms. Commonwealth v. Knox, #J-83-2017, 190 A.3d 1146, 2018 Pa. Lexis 4272.

A federal statute, 8 U.S.C. 1324(a)(1)(A)(iv), aimed at criminalizing advocacy of violation of immigration laws, is unconstitutionally overbroad in violation of the First Amendment because it criminalizes a substantial amount of protected expression in relation to the statute’s narrow legitimate sweep. Subsection (iv) permits a felony prosecution of any person who “encourages or induces” an alien to come to, enter, or reside in the United States if the encourager knew, or recklessly disregarded the fact that such coming to, entry, or residence is or will be in violation of law. A federal appeals court reversed the defendant’s conviction with respect to the “encourage or induce” counts. U.S. v. Sineneng-Smith, #15-10614, 2018 U.S. App. Lexis 34099 (9th Cir.).

Resources

Firearms: Christopher M. Donner and Nicole Popovich. “Hitting (or missing) the mark: An examination of police shooting accuracy in officer-involved shooting incidents.” Policing: An International Journal (2018).

Statistics: Davis, E., Whyde, A., Langton, L. Special Report: Contacts Between Police and the Public, 2015, NCJ 251145, Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice. October 2018

Reference:

Abbreviations of Law Reports, laws and agencies used in our publications

AELE’s list of recently-noted civil liability law resources.

Cross References

Pursuits: Law Enforcement – See also, Assault and Battery: Physical

#Assault and Battery: Baton #Assault and Battery: Physical #Domestic Violence and Child Abuse #False Arrest/Imprisonment: No Warrant #Firearms Related: Intentional Use #Firearms Related: Second Amendment Issues #First Amendment #Legal Updates

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beardedmrbean · 2 years ago

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A Louisiana grand jury on Wednesday indicted rapper Mystikal on first-degree rape charges, according to reports.

The alleged sexual assault occurred on July 30, when authorities say the rapper, whose name is Michael Lawrence Tyler, held a woman against her will in his Prairieville home, according to The New Orleans Advocate. Mystikal is now facing a mandatory life sentence under state law if convicted, Rolling Stone reported.

“It’s an indictment,” his attorney Joel Pearce said Wednesday. “It means nothing. We look forward to our day in court.”

The 51-year-old rapper was arrested on July 31 and has been held at the Ascension Parish Jail ever since. He faces nine other criminal counts including domestic abuse battery by strangulation, robbery, criminal damage to property, several drug-related offenses and false imprisonment.

An Ascension Parish Sheriff’s Office spokesperson told Baton Rouge CBS affiliate WAFB that detectives interviewed the accuser at a local hospital shortly after the alleged assault. She not only bore injuries consistent with her claims, but identified Mystikal as her assailant, the sheriff’s office said.

Sheriff’s Det. Garrett Keith testified on Aug. 2 that the woman visited Mystikal’s home at 8 p.m. on July 30 to discuss alleged financial dealings they made, according to The Associated Press. Keith said she told him Mystikal choked her, apologized, cleansed her of “bad spirits” with rubbing alcohol and raped her.

Mystikal fired his first attorney when a judge denied him bond during a hearing in August. He ultimately hired Pearce, who represented Mystikal during another sexual assault case in 2017.

The rapper has been charged with first-degree rape and second-degree kidnapping before.

In 2016, a woman alleged Mystikal raped her while she was intoxicated. The rapper was held in jail for 18 months, beginning in August 2017, before being released on a $3 million bond in 2019 after new evidence was presented to a second grand jury. The charges were dismissed in 2020, according to the AP.

Mystikal also previously pleaded guilty to and was convicted of sexual battery in 2003. He spent six years in prison for the crime and is a lifetime registered sex offender. He was sentenced to 90 days for domestic abuse in 2012.

#nunyas news

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kjack89 · 3 years ago

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For the prompts for 300 fics, some kind of angst and reconciliation fic? I know that’s vague but I’m in the mood for some angst with a happy (or not!) ending, and you’re my go to for that :)

Angst with an optional happy ending? Nonny, you know me too well.

This is part 1 of what will be either multi-chaptered or just longer once I get it on AO3, so at the moment we’re just dealing with some light angst, and who doesn’t love that on a Saturday night. Hopefully the second part will be posted in a few days.

E/R, modern AU. Former relationship.

Enjolras pulled his hood even tighter over his blond curls and glanced over his shoulder before reaching up to feel for the key hidden on top of the door jamb. He was surprised, and more than a little concerned, when his fingers touched nothing but very dusty wood, and he chanced another glance over his shoulder before rapping lightly on the door.

The door opened no more than an inch. “Password,” a gruff voice barked, and Enjolras sighed.

He really should’ve known.

“Grantaire, if you don’t let me in, I will break down the door and use one of the splintered pieces of wood to kill you,” he said, as patiently and politely as he could, just in case someone was listening.

Grantaire opened the door enough to admit him, closing it after him and locking the doorknob lock and deadbolt before sliding the chain into place. “Firstly, I’d like to see you try,” he said with a grin that Enjolras did not return. “Secondly, for future reference, the password we were looking for was ‘my full glass’, with a security question of ‘what do I believe in?’.”

Enjolras tugged off his hoodie and balled it up before tossing it onto the couch, one of the few pieces of furniture in the tiny, cramped apartment. “Would you also have accepted ‘nothing’?” he asked waspishly.

“No, but I would’ve accepted ‘absolutely fucking nothing’,” Grantaire said cheerfully. “Adjectives matter.” His smile faded when he caught sight of the shiner beginning to darken around Enjolras’s left eye. “What happened?”

“Same thing that always happens,” Enjolras said.

Grantaire’s eyes narrowed. “Meaning you have other, less visible injuries that you’re not going to do anything about until it’s too late to keep them from getting worse?” he asked dryly

Enjolras rolled his eyes and dug his phone out of his pocket to send a quick text. “What are you even doing here?” he asked, purposefully ignoring Grantaire’s question.

He didn’t see the look Grantaire gave him, but he could hear it plainly enough in his voice. “It’s a safe house,” he said. “I think that’s somewhat self-explanatory.”

“No, I mean—” Enjolras did glance up then, to examine Grantaire for an impatient second before telling him, “I didn’t even see you at the protest.”

Grantaire shrugged. “I’m pretty sure we can charitably refer to that as a riot,” he said.

Enjolras rolled his eyes and looked back down at his phone, which he powered off before disassembling it to remove the SIM card. “Whatever nomenclature you want to give it aside—”

“Speaking of nomenclatures,” Grantaire interrupted, “can we talk about how we’re referring to this as a safe ‘house’?” He flopped down on the couch. “This is a safe studio apartment. And I’m being generous with the term ‘studio’.”

“It’s illegal,” Enjolras informed him without looking up from his phone.

“Well no shit, this place is just plain criminal.”

Enjolras tucked his SIM card in his wallet before setting his phone down on the coffeetable. “No, I mean it was illegally built. It won’t show up on any building schematics or floorplans.”

Grantaire blinked. “Meaning…?”

“Meaning as long as you and I are in here, we don’t exist.”

Understanding flitted across Grantaire’s face. “I can see how that would have its advantages,” he murmured before glancing up at Enjolras. “Speaking of, how long do you think you and I will be staying in this lovely 250 square foot box?”

Enjolras shrugged, going to pour himself a glass of water from the tap in the corner of the apartment designated as the kitchen. “Hard to say,” he said, carrying the water over to the coffeetable and hesitating for only a moment before dropping his cellphone into it. He looked at Grantaire. “I assume you took care of any of your electronics with a GPS signal?”

“Yeah, but unlike you, seeing as how I don’t have the disposable income to just buy a new iPhone after every riot, I just left mine at home.”

“I don’t buy a new phone after every riot,” Enjolras muttered, feeling his ears burning red, and he sat down on the futon with a huff. “Only ones that ended badly and with potential criminal charges.”

“So...every riot.”

“I certainly hope you find yourself amusing enough to get through the next few days,” Enjolras said sourly. “Because we’re going to be here awhile.”

Grantaire groaned and tipped his head back to rest it against the back of the couch. “What did you do this time?” he asked, sounding resigned. “Molotov cocktail? Improvised incendiary device?” He turned his head to give Enjolras a wink. “Of course, that’s more Courfeyrac’s style than yours…”

“None of the above,” Enjolras told him, suddenly wishing he still had his phone to give him something to do with his hands. “I, uh, may have – shoved a cop.”

Grantaire’s eyes narrowed. “Shoved?” he repeated. “What does shoved mean in this context?” He didn’t wait for Enjolras’s answer. “And keep in mind that I’m not a cop or a prosecutor before you decide to obfuscate or lie.”

Enjolras shrugged again. “Maybe not, but you could also be tried as an accessory if I explain further.”

“As if I wouldn’t immediately execute my fifth amendment right against self-incrimination.”

Enjolras half-smiled. “Cute,” he said. “But you weren’t there.”

Grantaire arched an eyebrow at him. “And it’s on them to prove that,” he said coolly.

“So you’d risk a perjury rap for me?” Enjolras asked skeptically.

Something darkened in Grantaire’s expression. “I’ve risked worse for you,” he muttered, and Enjolras looked away, feeling his face color and hating himself just a little for it.

He bit back his initial response of defensiveness, of turning the tables back on Grantaire and asking him just what, exactly, he had risked over the course of what one could charitably call a relationship and more accurately call a friends with benefits arrangement – but then again, when had they ever been friends? – but something in Grantaire’s expression stopped him.

Or maybe it was just because he was stuck with his ex for the foreseeable future, and even he knew this was a bridge not worth burning right that moment.

“A cop decided to beat up a Black girl,” he said. “She couldn’t have been more than 14, and he didn’t even bother with his baton. She was on the ground and he wouldn’t stop, so I…” He trailed off and shrugged. “I stepped in.”

Grantaire let out a low whistle. “So you’re looking at aggravated battery,” he mused, looking up at the ceiling. “That’s, what, a class X felony? So you’re looking at 6 to 30, unless you can plead it down.”

Enjolras made a face. “Battery’s a stretch,” he said dismissively. “I’ll probably get slapped with aggravated assault.”

“Because the state’s attorney’s office is going to take one look at your record and decide to be generous.”

Enjolras barked a laugh and shook his head. “How do you know all this anyway?”

Grantaire shrugged. “I watch a lot of Law & Order reruns.” He gave Enjolras a critical look. “But potential criminal charges aside, are we just supposed to wait here with no link to the outside world until things blow over or something?”

It was Enjolras’s turn to shrug. “Or something.”

Grantaire sighed. “Great,” he said mournfully. “Well, thankfully, I was planning on quitting my job anyway, or I’d definitely be fired after this next round of no-call, no-shows.” He shoved himself up off the couch and slumped over to the small refrigerator humming ominously in the kitchen, and he opened the tiny freezer portion, pulling out a miniature ice cube tray. “That’s just pathetic,” he said, shaking his head.

Enjolras frowned. “Please don’t tell me you’re already making yourself a drink.”

“Hilarious,” Grantaire said. “But I already checked, and the only booze someone thought to stock this joint with is a couple bottles of bourbon, and I take my bourbon neat.” He cracked the ice cube tray into a ragged dishcloth, which he bundled up before carrying it over to Enjolras, holding it out for him. “This is for you, to try to keep that eye from getting worse,” he said, a little gruffly.

“Thanks,” Enjolras said, hesitating for only a moment before taking the dishcloth-wrapped ice and holding up to his eye, wincing at the cold.

Grantaire looked at him carefully. “I’m guessing from the way you’re sitting, you’ve also got hit in the ribs – bruised or broken?”

“I’m sure they’re just bruised,” Enjolras assured him, but judging by the look on Grantaire’s face, he didn’t believe him.

Instead, he returned to the kitchen and refilled the ice tray, placing it back in the freezer. “So what are we gonna do now?” he asked off-handedly.

Enjolras shrugged. “Honestly? I have no idea. I’ve never exactly been someone good at relaxing.”

Grantaire snorted. “No shit, Sherlock.”

Enjolras arched an eyebrow, watching with his one good eye as Grantaire flopped down on the couch again. “You know, there was once a time when you would’ve given anything for it to be just you and me, alone, with no outside world for a few days.”

He had intended for it to be a funny, lighthearted memory, but he knew immediately by the way Grantaire sucked in a breath that it had landed as anything but that. They clearly weren’t to the point of joking about what they’d once had yet – if they’d ever get to that point. “Yeah, well,” Grantaire said, carefully avoiding Enjolras’s eyes, “that was a long time ago.”

Enjolras felt himself flush, but before he could offer some kind of apology, or explanation, Grantaire cleared his throat. “I think I’m just going to take a nap,” he said, still avoiding looking at Enjolras. “Riots really take it out of me.”

“Oh, right,” Enjolras said, hurrying to stand. “You can have the futon—”

“Nope, I got dibs on the couch.”

Enjolras frowned. “Take the futon,” he said. “I’m not going to make you sleep on the couch.”

“And I’m not going to make the person with potentially busted ribs sleep on the couch,” Grantaire shot back. “Besides, I checked out the futon before you arrived, and trust me, you’re not doing me any favors by switching.”

He said it with a sort of forced levity that told Enjolras not to push it further, so he didn’t. “If you say so,” he muttered instead, standing up and making his way over to the small pile of books stacked along one wall, hoping he could find something to keep his attention.

By the time he returned to the futon with a novel that looked like it might do the trick – or at least make him angry enough that he’d have written a very thorough letter to the book’s publisher by the time he got out of there – Grantaire had rolled over onto his side, his back to Enjolras, ostensibly asleep.

But even though it had been a while since they had slept in the same bed, let alone the same room, Enjolras still knew Grantaire well enough to know when he was faking being asleep. And as he cracked open the book he had grabbed, he knew that Grantaire’s too-even breathing definitely indicated that he was not actually sleeping.

Which meant he preferred pretending to sleep to Enjolras’s company.

If that was any indication of how their time stuck together in the safe house was going to go, Enjolras couldn’t help but feel that they would both be very lucky if they made it out of there alive.

>>Read part 2 here>>

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histoireettralala · 4 years ago

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The Battle of Auerstaedt

Brunswick’s command was divided into five divisions plus cavalry, and numbered sixty-three thousand men in all. General Gebhard Blücher commanded the Prussian advance guard. His leading squadron, marching in a careless manner, was roughly handled by Davout’s advance guard, and thrown back behind Hassenhausen. Blücher reacted quickly. Moving his cavalry forward he attacked Gudin’s leading regiment (the 25th). The French infantry formed a square, and aided by the misdirection of a battery of Prussian artillery, beat off the enemy attack. Then supported by the 85th line, they occupied Hassenhausen. Davout now moved Gudin’s entire division into a defensive position with the newly captured hamlet in its center, and sent word to Friant and Morand to come forward on the double. General Friedrich Wilhelm Karl von Schmettau, who commanded the leading Prussian division, drew up his regiments in parade ground formations and began to fire ineffective volleys into Hassenhausen while he awaited the arrival of the division of the Prince of Orange. The fog began to lift by eight o’clock and Gudin could see a portion of Orange’s division moving into position on Schmettau’s left, and the leading regiment of still a third Prussian division (Wartensleben) moving against his left. Only the timely arrival of Friant enabled Gudin’s hard-pressed regiments to hold their ground. Davout launched Friant straightaway against Orange’s brigades, which were threatening to engulf Gudin’s right, and drove them back beyond Spielberg. At 9:00 AM Davout’s cavalry arrived on the battlefield and was placed on the extreme right to support Friant and to prevent the enemy from maneuvering against this vulnerable flank.

Three Prussians divisions now faced two of Davout’s. The Duke of Brunswick, who realized that his army was numerically superior to that of the French, ordered Wartensleben’s division, supported by Schmettau, to turn the enemy’s left flank and gain control of the main road leading to Kösen - a maneuver which if successful would have cut off Davout’s line of retreat. Schmettau’s attack on Hassenhausen was met by fierce resistance on the part of Gudin’s already hard-pressed men. Nevertheless the French left was driven back and badly shaken. At this decisive moment Morand’s 1st Division began to arrive on the battlefield. Davout ordered these fresh troops into action on the double. They not only steadied Gudin’s wavering left, but absorbed the shock fo Wartensleben’s attack which would easily have been decisive on their absence. Both Schmettau and Brunswick were mortally wounded in the attack on Hassenhausen. The Duke‘s removal from the field of battle (he died several days later) resulted in some confusion, for neither the King, who was present on the field of battle with Wartensleben’s division at the time, nor Scharnhorst, Brunswick’s chief of staff who was with Orange on the left flank, were immediately informed that the supreme commander had been wounded. When it became known, Frederick William assumed command of the army in person.

As the battle reached its climax at noon, the King called up fresh troops. Blücher’s infantry, part of Kuhnheim’s division which was in reserve, and the infantry of the Prussian Guard were launched against Morand’s division in a desperate attempt to turn the French left and cut off their line of retreat toward Kösen. But with Davout himself encouraging and rallying his men, the attack was beaten off and Prince William of Prussia was seriously wounded. This was the last major effort made on the part of the Prussian army. Davout now seized the offensive and ordered Morand on his left and Friant on the right to move to the attack. Pivoting on Gudin, the 1st and 2d Divisions moved forward until they brought the enemy under an interlocking cross fire that swept the entire Prussian line. In desperation the King ordered Kuhnheim’s division and the remaining brigades of von Arnim’s division into the line to check Friant’s threatening advance. However, these fresh troops were caught in the murderous cross fire of Morand and Friant who occupied the high ground on both flanks, and the Prussians were forced to fall back and take refuge behind Gernstadt.

The Prussian army was now retreating from Hassenhausen with three of its divisions in disorder. Seeing this Davout ordered Gudin’s division forward, and the entire III corps advanced on Auerstaedt and Eckartsberg. Heavy fighting took place for the village of Gernstadt [..] Morand was also harassed on his left by Blücher, who had gathered what cavalry he could find [..] Not only did Morand beat off the Prussian cavalry, but he moved his artillery into position [..] At the same time Friant turned the Count’s left and brought his artillery to bear on the unfortunate Prussian lines. Attacked on both flanks and in the front, Kalkreuth fell back from Gernstadt in relatively good order [..] But the Count was unable to defend his new position under the thundering attack of the victorious French.

[..] Frederick William decided that prudence was the better part of valor. He ordered a general retreat in the direction of Weimar. Assuming that Hohenlohe and Rüchel were in good order and controlling the ground before him, for he had received no news of the events of the battle at Jena, the Prussian army began to retrace its steps toward Weimar.

As the last rays of the sun faded on the western horizon the Prussian king led his defeated troops from the battlefield. The weary but triumphant soldiers of the III Corps turned to the task of rounding up prisoners and caring for their wounded before taking a well-deserved rest. Davout was unable to undertake a vigorous pursuit as his men were exhausted and his divisions reduced in strength and in need of reorganization. The day had been the most glorious in the annals of any single French corps in centuries. The III Corps had engaged a well-trained enemy more than twice its own numbers and defeated it. Auerstaedt was also Davout’s finest hour. He had fought well at Austerlitz; he would cover himself again with glory at Eckmühl (1809); he would withstand the assault of the superior forces of Bagration at Mogilev (1812); and his defense of Hamburg would be a military triumph. However, none of these would compare with the brilliant display of arms at Auerstaedt. If his marshal’s baton had been granted because of family ties and personal attachment to the new Emperor, Auerstaedt justified Napoleon’s judgement of the man. He did not win his baton on the battlefield, as would Oudinot at Wagram (1809), rather he proved beyond all doubt his worthiness to bear the title in a manner which was universally acknowledged.

John G. Gallaher - The Iron Marshal, a Biography of Louis Nicolas Davout

Maps of the battle (and an account of the battle hour by hour, in French, found here

#napoleonic #john g. gallaher #the iron marshal: a biography of louis nicolas davout #today in history #battle of auerstaedt #louis nicolas davout #louis friant #charles étienne gudin de la sablonnière #charles antoine louis alexis morand #III corps #le royal-dragons website

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sfnewsvine · 2 years ago

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Suspected Serial Stalker Bill Hobbs Arrested NBC Bay Area

An alleged serial stalker tied to a number of intercourse assaults has been arrested by San Francisco police. The San Francisco Police Division on Friday mentioned Invoice Hobbs was taken into custody. Investigators have linked the 34-year-old Hobbs to at the least 14 current incidents and imagine he could also be concerned in instances relationship again to 2021. A decide earlier within the day issued an arrest warrant for Hobbs, who faces fees of felony false imprisonment, six counts of battery, two counts of assault, 4 counts of public nuisance, and three counts of sexual battery. NBC Bay Space not too long ago spoke to one of many alleged victims within the case, who mentioned a person got here up behind her and began touching her. The person began to comply with her, so she ran away. San Francisco District Legal professional Brooke Jenkins is promising to prosecute this case to the fullest extent of the legislation. The DA can also be pushing to maintain Hobbs in jail forward of a trial and calls him a public security danger. Police mentioned the Hobbs case is an open and energetic investigation. Anybody who thinks they could have been a sufferer or have details about the investigation might contact the SFPD tip line at 415-575-4444 or textual content a tip to TIP411 and start the textual content message with “SFPD.” Tipsters might stay nameless. Thanks to @SFPD for his or her willpower and exhausting work on this case. I additionally wish to thank the general public and the courageous girls who spoke out and filed police experiences. Our @SFDAOffice will take the baton from right here to make sure the Mr. Hobbs is held accountable for his a number of offenses. https://t.co/j5e5Bsrpsm — Brooke Jenkins 謝安宜 (@BrookeJenkinsSF) October 15, 2022 2/ It is essential that members of the general public know that their experiences of crime might be taken severely by legislation enforcement. Our workplace will now search pre-trial detention as a result of, if launched, Mr. Hobbs presents a transparent and current danger to the general public security of San Francisco. — SF DISTRICT ATTORNEY (@SFDAOffice) October 15, 2022 Supply hyperlink Originally published at SF Newsvine

#SF Newsvine

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davidstanleylaw · 2 years ago

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Assault Attorneys Baton Rouge LA

Assault Attorneys Baton Rouge LA https://www.davidstanleylaw.com/assault-attorneys-baton-rouge-la/?utm_source=rss&utm_medium=rss&utm_campaign=assault-attorneys-baton-rouge-la Being attacked is a terrifying experience. As a victim, you may sustain injuries requiring medical care. Long after the incident, you may no longer be able to function normally even if you were not seriously injured. After an attack, for instance, many victims experience PTSD symptoms, panic attacks, and a fear of leaving the house. In Louisiana, assault is a serious offense punishable by a maximum of 25 years in prison. In addition, victims can pursue legal action to recover damages caused by an attack. David E. Stanley can assist you if you have been the victim of a physical assault in Baton Rouge, Louisiana. Although the cost of suffering is incalculable, compensation can provide a sense of justice and alleviate financial burdens. We have fought for the rights of victims for over three decades and are prepared to stand by your side during these difficult times. The Definition of Assault Assault occurs when one person causes physical harm to another. The classification of an assault is influenced by the severity of the injury and the defendant’s intent to cause harm. • Assault in the third degree, or simple assault, occurs when the attacker intentionally causes harm, such as when someone punches another person during a fight. • Assault of the second degree occurs when the aggressor either intends to cause serious harm or actually does so. The only requirement for assault in the second degree is the intent to commit the crime. While third-degree assault is a misdemeanor, second-degree assault is a mandatory-sentence Class D felony. • A first-degree assault is committed with a deadly weapon or with the intent to disfigure or amputate. This felony charge carries a mandatory minimum of five years in state prison. Assault Claims in Court In spite of a criminal conviction, victims may sue their attackers in civil court for damages. In fact, the burden of proof in civil court is lower, making it easier to receive justice after an assault. Assault and battery lawsuits are torts in which the plaintiff has the burden of proof to establish intent. Additionally, you must demonstrate that the defendant made physical contact with you. A competent attorney will collect evidence proving both intent and physical contact. This consists of police reports, eyewitness accounts, and surveillance footage. In addition, attorneys may use expert witnesses to establish the lasting trauma that victims of physical assaults may experience. Assault is a serious crime in Louisiana, and the penalties for conviction can be very severe. If you are facing assault charges, it is important to have an experienced criminal defense attorney on your side. Baton Rouge lawyer David E. Stanley has experience handling criminal cases, and he has a proven track record of success. Attorney Stanley will thoroughly investigate the allegations against you and work tirelessly to build a strong defense. He will also make sure that you understand all of your legal options and help you make the best decision for your future. If you are facing assault charges, contact David E. Stanley today for a free consultation.

The post Assault Attorneys Baton Rouge LA first appeared on David E. Stanley APLC.

via David E. Stanley APLC https://www.davidstanleylaw.com August 31, 2022 at 08:03AM

#David E. Stanley APLC

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bloodyfangedtiger · 6 years ago

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Eden Club

He couldn't make it as a cop, couldn't make it as anything really. Been in and out of juvenile detention during his childhood for selling drugs and assault & battery cases.

By the time he is twenty two years old, he's got a record as long as an anaconda. Somehow, though, he did land a job. A job at a seedy place that pays well but requires him to only do a few things.

1.) Only talk when spoken to

2.) Wear only underwear and nothing else

3.) Bathe regularly

Those were the only things he had to do at Eden Club, the sex club for humans (who screw Androids) and Androids (who screw humans), along with stand still and look pretty.

He was treated like any other of the employees, the Traci Androids, and given food d and water along with his own tube. His own glass tube that he just stares blankly at customers from. He's been here for a few months now and has only been picked twice since his employment began. His customers have mostly been human males and one Android female.

Other than them, he hasn't had a customer in a long time.

Then he saw him.

It felt like a bad joke, something out of an old song his sister used to listen to.

"Dyed blue boy walks my way." Is how the song started, how their encounter started.

He's obviously an Android, stall, stiff backed with ice blue eyes and a stiff lip. All the very much a robot in every term. Gavin bit back a groan when the Android approached him, wearing his Cyberlife uniform with "RK900" printed on the front of his white and blue high collared zipped up jacket that came up to the 'droid's chin. His hair was coifed back into a neat chocolate brown lump on his head, giving him a pretty boy look.

With blank eyes that are lifeless and dull, the RK900 model places its hand on the scanner of Gavin's tube to confirm his purchase. "Thank you for purchasing our male human, please enjoy your thirty minutes." The tube's speakers played the usual chime it does every time he is purchased. Gavin put on a fake smile "Thank you for your purchase, customer." He said with a fake cheeriness that makes him sick.

He turns and starts leading the Android to one of the private rooms in the back that is far away from prying eyes so that no one can see him get fucked by a mech.

He chooses the room at the very back and opens the door, walks in and sits on the bed. His customer lets the door close behind him before locking it and turning to the human. "I don't usually do this. However, there are times when other methods must be used."

Gavin raised a brow in question but kept his mouth shut.

"Gavin Reed, 28 years old lives in an apartment connected to Eden Club with said club as his only source of employment. Before that, you used to sell Red Ice." The last two words were spat out like a bad taste.

Gavin kept his mouth shut, this was a shake down for shit he pulled as a kid, he didn't do that shit anymore. He was different now, cleaned up but unemployed with a long ass record.

The mech came at him fast, its hands pinning the human in place on the bed by placing them by the human's hips. "Tell me who your buyers are, who was the maker and who is your boss."

Now he can speak. "I don't do any of that shit, tin can. I learned my fucking lesson a long time ago." He spat, trying to wiggle away from the Android. This was not what he was expecting nor what he wanted.

The mech leaned in closer "My name is Eros, I am the Android sent by Cyberlife and am working in the Narcotics field. You should cooperate with me, Mr. Reed if you don't want to" he took a deep breath and exhaled on the man's face. "Suffer consequences or force me to use other methods of interrogation." He said in a low husky voice that sent a shiver down Gavin's spine.

Now this felt like one of his usual sessions, he couldn't help but put on a smirk. "Oh? And what methods would you use? A stun gun? Beat me with a baton?"

He wasn't prepared for the hand that wrapped around his throat or the force that pinned him to the bed. What was this mech doing? They can't harm humans. Right? They can't hurt any organic life form, right?

He could feel his heart in his throat, a sense of floating while blue eyes stared into his brown orbs. The LED on the side of the mech's head never changing from blue. "I suggest you answer my questions, Mr. Reed. Unless you want something to happen to you."

He couldn't help but be a snarky bastard and put a leg up, rubbing his knee against the Android's side. "What exactly would you do to me?"

There is no way this mech has the equipment in the place where it counts. Right? He held back a gulp and tried not to think about what this thing was going to do.

The plastic humanoid male reached his arm down and began to undo his belt and unzipped his pants. Much to Gavin's surprise, a fully erect, flesh looking, leaking male cock sprung from the Android's nether regions. A hand grabbed the male human by the back of his head and pulled him close to the leaking member. His manhood pressed against his lips, the precum smearing against his skin.

Thankfully, there was no scent to the organ pressed against him which had to mean there was no taste. Gavin closed his eyes to slits and lapped at the flesh sword presented to him like a puppy before looking up at his customer, gave him a wink and deep throated him down to the back of his throat.

He moaned at the weight on his tongue, loving how it presses down on his lower jaw and the tip pokes the back of his throat. He swallows and tightens his throat before he uses his specialty move "Bullet Train Throat".

He moved fast, fucking his mouth on the flesh looking synthetic cock till he felt his jaw was going to break.

The Android bucket his hips in rhythm with the face slamming against his crotch, downloading all moves for sex between male humans while his LED circled yellow. Having downloaded the protocols, he glided a hand down the human's body and pinched his nipple causing Gavin to moan and tighten. "Gavin, release. I will not release down your throat."

The twenty eight year old popped the synthetic cock from his mouth, saliva and white fluids dripping from the red organ. "Where the fuck do you want to shoot it then?"

His answer came in a roll of his body and hands on his hips lifting his ass high before those same hands pulled his boxers down. He hissed as the cold air bit at his bare skin.

Without a warning, without a sound two fingers pierced into him. Forcing a choked gasp out of his flushed mouth "What the fuck-! Oh shit, right there. Oh god more please god!"

The mech smirked and burrowed his fingers deeper into the human, making sure to brush against the prostate as he went further into the male before he began to stretch him. "Oh fuck fuck fuck fuck!"

He wormed his third finger, then his fourth and then slipped his entire hand in, making the male become over stimulated.

With a silent scream, Gavin came over the silk sheets. The mech shoved his other fingers into Gavin's mouth and pulled him back till his chest was flushed with the clothed chest of the RK900 model. "Are you ready to cooperate now?"

Gavin shook his head and grabbed the back of the RK900's head, he moved the fingers in his mouth around with his tongue. "If you can fuck me like no one can then I'll tell you everything. It's all outdated but you have to make it worth my while."

The mech breathed in his ear "Remember my name well, it's Eros." His tone was dark, dark and full of promise that made Gavin's spine shiver with anticipation.

Eros retracted his hand from Gavin's body and then aligned himself with the human's flesh hole "Want me to go easy on you?" He asked softly, the tip brushing teasingly against the twitching hole.

Gavin shuddered at the sensation "Fuck me like I'm a dirty piece of shit." He growled.

Eros chuckled, a human sound coming from him that sounded a little wrong, and slammed into Gavin. Stretching him wide open and smashing his abused prostate. "Haaaa. Oh fuck you're big, you're fucking splitting me open!" Gavin grunted, biting down on the fingers in his mouth which retreated and began to pinch and tease his nipples.

The RK900 debated on whether or not he should let the human adjust first but then he recalled what Gavin had said earlier. 'Fuck me like I'm a dirty piece of shit.'

He gripped the human's hips and set a brutal pace, his hands digging deep into the male's flesh which will create bruises in the morning. For now, however, he could fucking care less. His hips snap into Gavin, abusing his poor over stimulated prostate upon each thrust.

"Oh fuck! You're going to break me! Do me harder!"

Gavin covered his face, red up to his ears and down his neck. "Why the fuck did you tell me that?" He squeezed his legs together tightly as his tent strained against his jeans.

Eros walked over to him from the entrance of the club room "This is the exact room we met in, where I felt your flesh against my own, where I became deviant. This is also....also a place where I," the RK model swallowed and then dropped down to one knee.

Gavin looked up and his jaw dropped "Eros. That better be what I fucking think it is." He gulped. His voice coming out hoarse, cracked while his hands trembled.

The Android held a beautiful ring in his hands, colored blue and copper and shaped into a simple band. "I um made it from your first bullet and my LED. I understand if you don't like it."

Gavin stood up and grabbed the Android by the top of his head, pulling him up till they are looking each other in the eyes. "Shut up, plastic prick. You didn't need a ring since you're mine." He smashed their lips together in the most bruising kiss in their six year relationship.

#rk900 x gavin #eden club au

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sellonfacebookmarketplace · 2 years ago

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Rapper Mystikal arrested in Ascension Parish on first-diploma rape count

The rapper is excellent recognized for his 2000 hit 'Shake Ya Ass.' Mystikal, a New Orleans-raised rapper who has confronted sexual attack costs with inside the beyond however had currently stated he turned into attempting to show his existence around, remained in prison Monday following his arrest an afternoon in advance on first-diploma rape, prison home abuse through strangulation and different counts in a suburban Baton Rouge parish in which he lives, sheriff's deputies stated.Ascension Parish sheriff's deputies picked up Mystikal, whose given call is Michael Tyler, when they had spoken with a sexual attack sufferer at a place medical institution rapidly after 11:fifty eight p.m. Sunday. The sufferer had minor injuries, deputies stated. Deputies stated next research decided the attack suspect turned into Tyler. His 2000 album "Let's Get Ready" bought extra than a million copies at the energy of the hit song. He turned into nominated for 2 Grammy awards in early 2003. But his profession turned into derailed quickly after. In 2003, Tyler pleaded responsible to compelling his hairstylist to carry out what a choose called "non-stop intercourse acts," relationship from in an incident in July 2002 on the rapper's then Baton Rouge apartment. The sufferer if so accused Tyler and bodyguards of creating her carry out oral intercourse after accusing her of stealing $80,000 really well worth of his checks. The girl denied stealing any money. The assault turned into videotaped, and government acquired a duplicate of it from a locked secure in his then-apartment. Tyler served a six-yr time period in kingdom jail for sexual battery and extortion in kingdom jail and turned into launched in 2010. One bodyguard, Leland "Pokie'' Ellis, obtained 3 years in jail. The different, Vercy Carter, were given 4 years. Feature image Read the full article

#RapperMystikalarrested #RapperMystikalarrestedinrapecount #rappermystikalsexualattack

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survivalskillsforyou-blog · 6 years ago

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tutorial: how to develop a homemade stun gun?

Did you know that stun gun has been utilized since the late 1700s? The very first primitive type was a Leyden jar that saved electrical charge created from fixed buildup. It was followed by a cattle prod. The livestock prods provide a non-fatal shock and are still used by ranchers until today. In the 1930s, the stun glove was created.

When the Taser ended up being very helpful for the police marshals as a tool to control bad guys in the 1960s, stun gun ended up being very popular. It ended up being the most preferred self-defense gadget because stun gun is non-lethal, easy to utilize, efficient, and budget-friendly. Numerous improvised their own homemade stun gun as a personal security weapon.

A stun gun is a self-defense weapon that can briefly paralyze the assailant for several minutes without damaging his heart and other vital organs. It uses high-voltage electrical energy that targets the nerve system. It does not trigger significant or long-term injury in spite of the extremely high voltage that it emits because the amperage is low. The pain and immobility results last approximately 30 minutes only.

It works by disposing a high pulse frequency to muscles, making them work rapidly. It leads to an instant conversion of blood sugar level into lactic acid, diminishing the vital force that the body requires to work generally. Throughout this cycle, the tiny neurological impulses disrupt the direct movement of muscles. The abrupt loss of balance and disorientation leave the criminal in a passive condition that gives you time to escape him and seek assistance.

To optimize its function during the attack, make a direct contact versus the body of the person. Your targets are the parts of the body that do stagnate like the upper hip or shoulder. Select the area where there are big muscle groups like the chest, groin, thighs, stomach, and back. Nevertheless, if the attack is so unexpected, hold it versus the closest part that you can reach like the neck or face. Avoid targeting the arm or hand since he can move it away quickly and make a counter attack.

Hold it versus the individual for a few seconds. If the opponent is a big man, hold it longer. It takes half of a 2nd contact to surprise and push back a trespasser. If you use it versus your opponent for one to two seconds, he will experience psychological confusion. Three seconds of contact cause mental disorientation, muscle control loss, and imbalance. The process can be unpleasant, however not hazardous. The person holding this disabling self-defense device will not be impacted by the energy that it discharges. The shock effects do not pass in between 2 individuals even if you are standing in water or in wet condition. The result of a stun gun is localized only to the other individual who made an effort to victimize you.

A stun gun is a protective and safe device to utilize during scenarios where you need to act rapidly and neutralize the assaulter. There are models that fit your pocket or handbag. Some individuals an use holster or belt with a clip which enables you to use it at the waist.

There are many stun gun designs in the market today. They are available in various sizes, styles, voltages, and colors. You can also diy if you want a personalized and cheaper gadget. Making your own stun gun needs just a couple of supplies and tools which you can discover in your home or any regional store. You can pick to make a PVC pipe, a BBQ lighter, an old Kodak electronic camera, a Bug zapper, or a Stun baton.

Step-by-Step Instructions to Make a Stun Gun Utilizing PVC Pipeline

It is important that prior to this job, you have watched some video tutorials to make your own stun gun. It helps you become more ready and positive to develop your personal self-defense weapon. This short article will further assist you in your Do It Yourself objective.

It may appear easy to put together the circuit board and the battery set, but keeping yourself protected is constantly the best rule. To prevent the risk of electrocution, always utilize thick rubber gloves when working with the electrical circuit boards.

Below you can check out the steps to build your own stun gun. or you can visit Prepared Survivalist for the video to check out how to make a homemade stun gun

Step # 1-- Gather your products

You need to discover the following items. They are all readily available in your local hardware. You can likewise inspect your tool storage to find if you have the needed tools.

• 20 cm PVC pipe • High-voltage inverter • 3 pieces of AAA batteries • Battery real estate • Security switch and one brief switch (main button). • 2 little brass nails. • Wires. • PVC coupling. • Soda bottle cap. • Cutter and pliers. • Black matte spray paint. • Glue gun.

Step # 2-- Assemble the Circuitry.

Make sure that you are using an inverter that can create as much as 400,000 volts. It is the recommended voltage to ensure optimal electric current that can hinder bad guys.

Use pliers and cutter to carefully remove the inverter's outer layer, creating a space for the circuitry. After you end up getting rid of the layer, the inverter can quickly fit inside the PVC pipe.

Next, get the triple A batteries and the battery housing to prepare the circuitry. To begin assembling, connect the battery to a safety switch with a red LED button for its on and off functions. A push button that easily illuminate when it is pressed is finest to use so you can see if your stun gun is in on or off mode.

Connect it to the short-lived switch. It will make the homemade stun gun spark when you press the button. The connection between the two prongs generates the spark that leads back to the battery.

Step # 3-- Prepare the Housing.

Get the PVC pipe and spray it with black matte spray paint. Let it dry. As soon as dry, cut it into two to permit access to the batteries when they go out.

Step 13 centimeters from one end of the PVC pipe and cut the rest. You now have another PVC pipe that measures 7 centimeters. Drill a hole in the longer pipeline, about 4 cm from the top of the main switch.

Utilize the PVC coupling to protect the 2 pieces of PVC pipelines together or to change the batteries of your stun gun if they go out. Always inspect the status of your batteries when you go out with it to keep it working excellently.

Step # 4-- Putting together of the stun gun.

Get the much shorter cut PVC pipeline and place the security switch with a red LED button. Fasten the security switch to the bottom with glue. Then, place the entire circuitry and the temporary switch.

To put together the prongs and seal the top of your homemade stun gun, get the plastic soda cap. Make certain that you have currently eliminated the extra layer of plastic lining inside for best fit. You can utilize a mill to remove it.

Make 2 holes on the plastic cap and insert the two small brass nails. Link the circuitry to these brass nails, which work as 2 prongs that permit electricity to flow. Protect the connection by pulling the wires carefully.

When whatever is safe, fume glue and put the plastic cap over the pipeline.

Step # 5-- Testing the stun gun.

This is the final stage of your Do It Yourself stun gun job. It is the most crucial stage of your job.

• Test by pressing the red LED button of the switch to identify if completions of the brass nails are close enough. The action ought to provide an excellent stimulate. If the spark is weak, make required changes to produce the best stimulate.

• Get a piece of metal and test it to familiarize yourself with this helpful self-defense device. Do not check it to another person or to yourself.

• Put it in a protective case or hang it in a durable key chain. Be ready and use it when essential.

Conclusion.

Congratulations! You finally made your very own protective gadget. You will be more prepared to deal with situations in places where you are not really sure of your security. If you believe you remain in threat like you are strolling alone or walking through a parking lot or mall parking lot, hold it in your hand to fend off wrongdoers. When the assailant sees you holding a stun gun, he will discover another victim to prevent being captured.

If you utilized it versus a perpetrator, he would have a challenging time to get or follow you. Quickly remember of the significant details about your enemy, then run to get help. Report it to the police.

One essential precaution- make sure that it is legal in your state, country, or area. Some states impose a limitation on its use. Some locations view the possession of stun gun illegal. If the state and local laws in your area see it a legal Electronic Immobilization Gadget (EID), utilize it properly.

When taking a trip, load the stun gun in your inspected baggage to avoid it from being seized. It is likewise not permitted to be taken inside federal government structures.

Keep it far from kids and family pets to prevent possible injury. It is best to keep your homemade stun gun in a case or far from the reach of children. Eliminate the batteries when you are not using it.

Last but not least, do not have fun with it.

check out preparedsurvivalist.org for more

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blackkudos · 6 years ago

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Rodney King

Rodney Glen King (April 2, 1965 – June 17, 2012) was an African American taxi driver, who became internationally known after being beaten by Los Angeles Police Department officers following a high-speed car chase on March 3, 1991. A witness, George Holliday, videotaped much of the beating from his balcony, and sent the footage to local news station KTLA. The footage shows four officers surrounding King, several of them striking him repeatedly, while other officers stood by. Parts of the footage were aired around the world, and raised public concern about police treatment of minorities in the United States.

Four officers were charged with assault with a deadly weapon and use of excessive force. Three were acquitted of all charges. The jury acquitted the fourth of assault with a deadly weapon but failed to reach a verdict on the use of excessive force. The jury deadlocked at 8–4 in favor of acquittal at the state level. The acquittals are generally considered to have triggered the 1992 Los Angeles riots, in which 55 people were killed and over 2,000 were injured, ending only when the California national guard was called in.

The acquittals also led to the federal government's obtaining grand jury indictments for violations of King's civil rights. The trial of the four in a federal district court ended on April 16, 1992, with two of the officers being found guilty and subsequently imprisoned. The other two were acquitted again.

Early Life

King was born in Sacramento, California, the son of Ronald King and Odessa King. He and his four siblings grew up in Altadena, California. King attended John Muir School and often talked about being inspired by his Social Science teacher Robert E. Jones, an openly gay man who was found dead with a fellow student Ronald McClendon. King's father died in 1984 at the age of 42.

July 27, 1987: According to a complaint filed by his wife, King beat her while she was sleeping, then dragged her outside the house and beat her again. King was charged with battery and pleaded "no contest." He was placed on probation and ordered to obtain counseling. He never got the counseling.

On November 3, 1989, King robbed a store in Monterey Park, California. He threatened to hit the Korean store owner with an iron bar, then hit him with a pole. King stole two hundred dollars in cash during the robbery and was caught, convicted and sentenced to two years imprisonment. He was released after serving one year of the sentence, on December 27, 1990.

King had three daughters: one by Carmen Simpson, when he was a teenager, and one by each of his two wives. Both of King's marriages, to Danetta Lyles (cousin to rapper Mack 10) and Crystal Waters, ended in divorce.

Incident

High-speed chase

Early on the morning of March 3, 1991, King, with two passengers, Bryant Allen and Freddie Helms, was driving a 1987 Hyundai Excel/Mitsubishi Precis west on the Foothill Freeway (Interstate 210) in the San Fernando Valley of Los Angeles. Prior to driving onto the Foothill Freeway, the three men had spent the night watching a basketball game and drinking at a friend's house in Los Angeles. Five hours after the incident, King's blood-alcohol level was found to be slightly below the legal limit. This suggests that his blood alcohol level may have fallen from 0.19% while he was driving, in which case it would have been more than twice the legal driving limit in California. At 12:30 a.m., officers Tim and Melanie Singer, husband-and-wife members of the California Highway Patrol, noticed King's car speeding on the freeway. The officers pursued King, and the pursuit reached high speeds, while King refused to pull over. King would later admit he attempted to outrun the police at dangerously high speeds because a charge of driving under the influence would violate his parole for a previous robbery conviction.

King exited the freeway near the Hansen Dam Recreation Center and the pursuit continued through residential surface streets, at speeds ranging from 55 to 80 miles per hour (89 to 129 km/h). By this point, several police cars and a police helicopter had joined in this pursuit. After approximately 8 miles (13 km), officers cornered King in his car near the corner of Foothill Boulevard and Osborne Street (34.273154°N 118.392762°W / 34.273154; -118.392762). The first five LAPD officers to arrive at the scene were Stacey Koon, Laurence Powell, Timothy Wind, Theodore Briseno, and Rolando Solano.

Confrontation

Officer Tim Singer ordered King and his two passengers to exit the vehicle and to lie face down on the ground. Bryant Allen was manhandled, kicked, stomped, taunted and threatened. Freddie Helms was hit in the head while lying on the ground. Helms was treated for a laceration on the top of his head. His bloody baseball cap was turned over to police. King remained in the car. When he finally did emerge, he was reported to have been gagged, patted the ground, and waved to the police helicopter overhead. King then grabbed his buttocks which Officer Melanie Singer took to mean King reaching for a weapon. King was later found to be unarmed. She drew her pistol and pointed it at King, ordering him to lie on the ground. Singer approached, gun drawn, preparing to effect an arrest.

At that point LAPD Sergeant Stacey Koon, the ranking officer at the scene, told Singer that the LAPD was taking tactical command of the situation. He ordered all officers to holster their weapons.

LAPD officers are taught to approach a suspect without his/her gun drawn, as there is a risk that any suspect may gain control of it if an officer gets too close. Koon then ordered the four other LAPD officers at the scene—Briseno, Powell, Solano, and Wind—to subdue and handcuff King using a technique called a "swarm." This involves multiple officers grabbing a suspect with empty hands, in order to quickly overcome potential resistance. As four officers attempted to restrain King, King resisted by standing to remove Officers Powell and Briseno from his back. The officers later testified that they believed King was under the influence of the dissociative drug phencyclidine (PCP), although King's toxicology tested negative for the drug.

Beating with batons: the Holliday video

King was twice tasered by Koon. This marks the approximate start of the George Holliday videotape of the incident. In the tape, King is seen on the ground. He rises and rushes toward Powell—as argued in court, either to attack Powell or to flee—but regardless King and Powell both collided in the rush. Taser wire can be seen on King's body. Officer Powell strikes King with his baton, and King is knocked to the ground. Powell strikes King several more times with his baton. Briseno moves in, attempting to stop Powell from striking again, and Powell stands back. Koon reportedly said, "That's enough." King then rises again, to his knees; Powell and Wind are then seen hitting King with their batons.

Koon acknowledged ordering the continued use of batons, directing Powell and Wind to strike King with "power strokes." According to Koon, Powell and Wind used "bursts of power strokes, then backed off." In the videotape, King continues to try to stand again. Koon orders the officers to "hit his joints, hit the wrists, hit his elbows, hit his knees, hit his ankles." Officers Wind, Briseno, and Powell attempted numerous baton strikes on King resulting in some misses but with 33 blows hitting King, plus six kicks. The officers again "swarm" King but this time a total of eight officers are involved in the swarm. King is then placed in handcuffs and cordcuffs, restraining his arms and legs. King is dragged on his abdomen to the side of the road to await the arrival of emergency medical rescue.

George Holliday's videotape of the incident was shot from his apartment near the intersection of Foothill Blvd and Osborne St. in Lake View Terrace. Two days later Holliday contacted the police about his videotape of the incident, but they ignored him. He then went to KTLA television with his videotape, although the station edited out ten seconds of the video, before the image was in focus, that showed an extremely blurry shot of King charging at the officers; the cut footage would later be cited by members of the jury as essential to the acquittal of the officers. The footage as a whole became an instant media sensation. Portions of it were aired numerous times, and it "turned what would otherwise have been a violent, but soon forgotten, encounter between the Los Angeles police and an uncooperative suspect into one of the most widely watched and discussed incidents of its kind."

The Holliday video of the Rodney King arrest is a fairly early example of modern surveillance, wherein private citizens, assisted by increasingly sophisticated, affordable video equipment, record significant, sometimes historic events. Several "copwatch" organizations subsequently appeared throughout the United States to safeguard against police abuse, including an umbrella group, October 22 Coalition to Stop Police Brutality.

Post-arrest events

Aftermath

King was taken to Pacifica Hospital after his arrest, where he was found to have suffered a fractured facial bone, a broken right ankle, and multiple bruises and lacerations. In a negligence claim filed with the city, King alleged he had suffered "11 skull fractures, permanent brain damage, broken [bones and teeth], kidney failure [and] emotional and physical trauma". Blood and urine samples taken from King five hours after his arrest showed that he would have been intoxicated under California law at the time of his arrest. The tests also showed traces of marijuana (26 ng/ml). Pacifica Hospital nurses reported that the officers who accompanied King (including Wind) openly joked and bragged about the number of times King had been hit. Officers also obtained King's identification from his clothes pockets at that time. King sued the city and a jury awarded him $3.8 million as well as $1.7 million in attorney's fees. Charges against King for driving while intoxicated and evading arrest were never pursued. District Attorney Ira Reiner felt there was insufficient evidence for prosecution and successor Gil Garcetti felt that too much time had passed to charge King with evading arrest while also mentioning that the statute of limitations on drunk driving had passed.

Criminal charges against police officers

After four days of grand jury testimony, the Los Angeles district attorney charged officers Koon, Powell, Briseno and Wind with use of excessive force on March 14, 1991. Sergeant Koon, only having deployed the Taser was, as the supervisory officer at the scene, charged with "willfully permitting and failing to take action to stop the unlawful assault".

On August 22, 1991, the California Court of Appeals removed the initial judge, Bernard Kamins, after it was proved Kamins told prosecutors, "You can trust me." The Court also later granted a change of venue to the city of Simi Valley in neighboring Ventura County, citing potential contamination due to saturated media coverage.

Christopher Commission

Los Angeles Mayor Tom Bradley created the Independent Commission on the Los Angeles Police Department, also known as the Christopher Commission, in April 1991. Led by attorney Warren Christopher, it was created to conduct 'a full and fair examination of the structure and operation of the LAPD,' including its recruitment and training practices, internal disciplinary system, and citizen complaint system."

Los Angeles riots and the aftermath

Though few people at first considered race an important factor in the case, including Rodney King's attorney, Steven Lerman, the sensitizing effect of the Holliday videotape was at the time stirring deep resentment in Los Angeles, as well as other major cities in the United States. The officers' jury consisted of Ventura County residents: ten white, one Latino, one Asian. Lead prosecutor Terry White was African American. On April 29, 1992, the jury acquitted three of the officers but could not agree on one of the charges against Powell.

Los Angeles Mayor Tom Bradley said, "The jury's verdict will not blind us to what we saw on that videotape. The men who beat Rodney King do not deserve to wear the uniform of the LAPD." President George H. W. Bush said, "Viewed from outside the trial, it was hard to understand how the verdict could possibly square with the video. Those civil rights leaders with whom I met were stunned. And so was I and so was Barbara and so were my kids."

The acquittals are considered to have triggered the Los Angeles riots of 1992. By the time the police, the U.S. Army, Marines and National Guard restored order, the riots had caused 53 deaths, 2,383 injuries, more than 7,000 fires, damage to 3,100 businesses, and nearly $1 billion in financial losses. Smaller riots occurred in other cities such as San Francisco, Las Vegas in neighboring Nevada and as far east as Atlanta, Georgia. A minor riot erupted on Yonge Street in Toronto, Ontario, Canada as a result of the acquittals.

During the riots, King made a television appearance in which he said,

"I just want to say - you know - can we all get along? Can we, can we get along? Can we stop making it horrible for the older people and the kids? And... I mean we've got enough smog in Los Angeles let alone to deal with setting these fires and things... it's just not right - it's not right. And it's not going to change anything. We'll get our justice; they've won the battle, but they haven't won the war. We'll get our day in court and that's all we want. And, just, uh, I love - I'm neutral, I love every - I love people of color. I'm not like they're making me out to be. We've got to quit - we've got to quit; I mean after-all, I could understand the first - upset for the first two hours after the verdict, but to go on, to keep going on like this and to see the security guard shot on the ground - it's just not right; it's just not right, because those people will never go home to their families again. And uh, I mean please, we can, we can get along here. We all can get along - we just gotta, we gotta. I mean, we're all stuck here for a while, let's, you know let's try to work it out, let's try to beat it, you know, let's try to work it out."

The widely quoted line has been often paraphrased as, "Can we all just get along?" or "Can't we all just get along?"

Federal trial of officers

After the acquittals and the riots, the United States Department of Justice sought indictments for violations of King's civil rights. On May 7, federal prosecutors began presenting evidence to a Los Angeles [federal] grand jury. On August 4, the grand jury returned indictments against the three officers for '...willfully and intentionally using unreasonable force...' and against Sergeant Koon for '...willfully permitting and failing to take action to stop the unlawful assault...' on King." Based on these indictments a trial of the four officers in the United States District Court for the Central District of California began on February 25, 1993. The federal trial focused more on the incident. On March 9 of the 1993 trial, King took the witness stand and described to the jury the events as he remembered them. The jury found Officer Laurence Powell and Sergeant Stacey Koon guilty, and they were subsequently sentenced to 30 months in prison, while Timothy Wind and Theodore Briseno were acquitted of all charges.

During the three-hour sentencing hearing, the Federal trial judge, John Davies, accepted much of the defense version of the beating. He strongly criticized King, who he said provoked the officers' initial actions. Judge Davies stated that only the final six or so baton blows by Powell were unlawful. The first 55 seconds of the videotaped portion of the incident, during which the vast majority of the blows were delivered, was within the law because the officers were attempting to subdue a suspect who was resisting efforts to take him into custody.

Davies found that King's provocative behavior began with his "remarkable consumption of alcoholic beverage" and continued through a high-speed chase, refusal to submit to police orders and an aggressive charge toward Powell. Davies made several findings in support of the officers' version of events. He concluded that Officer Powell never intentionally struck King in the head, and "Powell's baton blow that broke King's leg was not illegal because King was still resisting and rolling around on the ground, and breaking bones in resistant suspects is permissible under police policy."

Mitigation cited by the judge in determining the length of the prison sentence included the suffering the officers had undergone because of the extensive publicity their case had received, heavy legal bills that were still unpaid, the impending loss of their careers as police officers, their higher risks of abuse while in prison and their having already been subjected to two trials. The judge acknowledged that having two such trials did not legally constitute double jeopardy, but nonetheless it "raised the specter of unfairness."

These mitigations were critical to the validity of the sentences imposed, because Federal sentencing guidelines called for much longer prison terms in the range of 70 to 87 months. The low sentences were controversial, and were appealed. In a 1994 ruling, the United States Court of Appeals for the Ninth Circuit rejected all the grounds cited by Judge Davies and extended the terms. The case was then appealed to the U.S. Supreme Court. Both Mr. Koon and Mr. Powell were released from prison while they appealed the Ninth Circuit's ruling, having served their original 30-month sentences with time off for good behavior. On June 14, 1996, the high court reversed the lower court in a ruling, unanimous in its most important aspects, which gave a strong endorsement to judicial discretion, even under sentencing guidelines intended to produce uniformity.

Later life

Los Angeles Mayor Tom Bradley offered King $200,000 and a four-year college education funded by the city of Los Angeles, King refused and sued the city, winning $3.8 million. King invested a portion of his settlement in a record label, Straight Alta-Pazz Records, which went out of business. He later went on to write a book and make a movie about his life.

King was subject to further arrests and convictions for driving violations after the 1991 incident. On August 21, 1993, he crashed his car into a block wall in downtown Los Angeles. He was convicted of driving under the influence of alcohol, fined, entered a rehabilitation program and was placed on probation. In July 1995, he was arrested by Alhambra police after hitting his wife with his car and knocking her to the ground. He was sentenced to 90 days in jail after being convicted of hit and run. On August 27, 2003, King was arrested again for speeding and running a red light while under the influence of alcohol. He failed to yield to police officers and slammed his vehicle into a house, breaking his pelvis. On March 3, 2011, the 20th anniversary of the beating, the LAPD stopped King for driving erratically and issued him a citation for driving with an expired license. This arrest led to his February 2012 misdemeanor conviction for reckless driving.

On November 29, 2007, while riding home on his bicycle, King was shot in the face, arms, and back with pellets from a shotgun. He reported that the attackers were a man and a woman who demanded his bicycle and shot him when he rode away. Police described the wounds as looking as if they came from birdshot.

In May 2008, King checked into the Pasadena Recovery Center in Pasadena, California, where he filmed as a cast member of season 2 of Celebrity Rehab with Dr. Drew, which premiered in October 2008. Dr. Drew Pinsky, who runs the facility, showed concern for King's lifestyle and said King would die unless his addiction was treated. He also appeared on Sober House, a Celebrity Rehab spin-off focusing on a sober living environment,

During his time on Celebrity Rehab and Sober House, King worked on his addiction and what he said was lingering trauma of the beating. He and Pinsky physically retraced King's path from the night of his beating, eventually reaching the spot where it happened, the site of the Children's Museum of Los Angeles.

King won a celebrity boxing match against ex–Chester City (Delaware County, Pennsylvania) police officer Simon Aouad on Friday, September 11, 2009, at the Ramada Philadelphia Airport in Essington, Pennsylvania.

In 2009, King and other Celebrity Rehab alumni appeared as panel speakers to a new group of addicts at the Pasadena Recovery Center, marking 11 months of sobriety for him. His appearance was aired in the third season episode "Triggers".

On September 9, 2010, it was confirmed that King was going to marry Cynthia Kelly, who had been a juror in the civil suit he brought against the City of Los Angeles.

The BBC quoted King commenting on his legacy. "Some people feel like I'm some kind of hero. Others hate me. They say I deserved it. Other people, I can hear them mocking me for when I called for an end to the destruction, like I'm a fool for believing in peace."

The Riot Within

In 2012, King published his memoir, The Riot Within: My Journey from Rebellion to Redemption. Co-authored by Lawrence J. Spagnola, the book describes King's turbulent youth as well as his personal account of the arrest, the trials, and the aftermath.

Death

On the morning of June 17, 2012, King's fiancée Cynthia Kelly found him lying at the bottom of his swimming pool. Police in Rialto received a 911 call from Kelly at about 5:25 a.m. (PDT). Responding officers found King at the bottom of the pool, removed him, and attempted to revive him. He was transferred by ambulance to Arrowhead Regional Medical Center in Colton, California and was pronounced dead on arrival at 6:11 a.m. (PDT) The Rialto Police Department began a standard drowning investigation and stated there did not appear to be any foul play. On August 23, 2012, King's autopsy results were released, stating he died of accidental drowning, and that a combination of alcohol, cocaine, marijuana, and PCP found in his system were contributing factors. The conclusion of the report stated: "The effects of the drugs and alcohol, combined with the subject's heart condition, probably precipitated a cardiac arrhythmia, and the subject, incapacitated in the water, was unable to save himself." King had been a user of PCP. King is interred at Forest Lawn Memorial Park (Hollywood Hills), Los Angeles, California.

Legacy

Rodney King has long become a symbol of police brutality but his family remembers him as a "human not a symbol”. Despite being a victim of brutality King never advocated for hatred or violence against the police and believed that we needed to “all get along”. King's message of “can we all get along” became the foundation of what King stood for and lives on even after his death through King's daughter's (Lori King) work with the LAPD to build bridges between the police and African-American community,

In popular culture

The beating of Rodney King and its aftermath has been addressed frequently in art, including the 1997 film Riot, the 2014 play Rodney King by Roger Guenveur Smith, and the 2016 exhibit Viral: 25 Years from Rodney King.

Wikipedia

#Rodney King #04-02 #06-17

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dunnystuff · 3 years ago

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Sent: Monday, June 21, 2021 11:36 AM

Subject: Rich's Blog

Hi to all -

We have all heard the saying that a cornered animal is dangerous, and could do violent and unpredictable things. Well, we are surrounded by such things, as the left sees their grip on power slipping on all fronts.

McDonald's

Cherysse Cleveland, age 44, lost it when McDonald's employees refused to mix flavors together in her slushie. She didn't just get mouthy, but physically attacked several of the people there, and they called the police. Cherysse was arrested and charged with assault, and will have her day in court. The video does not help her case.

Supreme Court

A group of 18 states brought suit to declare Obamacare unconstitutional. It is. There is no provision in the constitution to provide any form of health care to anyone, much less to force people to pay a tax, and be forced to buy a product, even if they do not want it. But, the court, which has dodged this issue several times already, dodged again. They did not address the question of the suit - is the law constitutional - but rather, they said they would not act at all, as the states 'did not have standing.' Of course, the states do have standing, and are required, by law, to bring their case to the Supreme Court.

What this tells us is that the Court is no longer part of our government. Every member of it is compromised in some way. They have either been Bullied, Bribed or Blackmailed. They do not dare go against the narrative and those powerful people behind it, for fear of exposure or death.

Trump

He is hitting the campaign trail, once again. He has scheduled a rally in Wellington, Ohio for June 26. This is the first of many, he says. Don't expect glorious coverage on the Lamestream Media.

Biden and China

Remember when Trump decided to 'decouple' our economy from China? Biden and the left opposed that, since they were closely tied to China. The Biden family has many financial ties to China, as do a lot of members of congress. Recall that Dianne Feinstein had a driver who was a Chinese spy - for twenty years. And, who could forget the congressman, on the intel committee, who was sleeping with a Chinese spy? And, he is still on the job. Mitch McConnell is married to a woman of Chinese descent - who is part of the aristocracy of China. Lots of money trails, all coming from China.

The Chinese are very smart. Years ago, one of our embassies was bugged. Everyone knew it, but no one could find any electronic devices. Staff were reduced to communicating using Etch-a-Sketch pads, which erase as the cover is lifted. After a long search, someone discovered how they were being bugged. It was very clever. The chimneys in various rooms were designed like those old-fashioned ear trumpets. A listener could just position himself correctly, and hear all that was said in the room inside. No batteries required!

For years, the Chinese have been stealing our technology, and building copies of everything from cars to airplane wings, to actual ships and aircraft. Hard to miss the resemblance, when you place their systems next to ours. Our universities and business leaders are filled with Chinese nationals, or even ones a generation or two removed. Emory University, here in Atlanta, one of the finest in the world, has nearly a third of its staff with Chinese heritage. That means that other health organizations are part of the network. Government agencies, especially law enforcement and diplomatic services, are heavily infiltrated by people who are agents for China, either knowingly or unwittingly. Chinese students get a 'free ride' to college here, so long as they share their learning with the government. After all, they are told, we pay for your schooling, and we know where your family lives.

In short, in exchange for cash and benefits, vast segments of our nation, from government to business, to the military, to academia, are morally compromised, and dare not offend their real masters. Kind of like those movies where the cops catch a crook, and tell the crook - either you work for us, or we will bring the law down on your head, and all your family.

So, what are China's plans? For years, they have been traveling the world, bribing public officials, and getting 'business deals' to build things in the host nations. Of course, you are required as part of the deal to allow Chinese workers, and to use Chinese banks, who then loot your treasury - like they did in Italy.

Trump was a problem for China. He halted much of their looting, and other actions, and made them do their own research. China went from a 10% annual growth rate to a negative 10% in just a couple of years. That is a huge threat to their economy and security. What to do? Call in their agents - like Dr. Fauci, and unleash a pandemic, to distract and disrupt all that was working against them. Then, build up their own forces, both as a hedge against counter attack, and to use for direct attack, as soon as that was feasible. And, that time could be upon us very soon. What are the clues? Both China and Russia have been quietly recalling their citizens home. That is something you do when hostilities are imminent. Very sophisticated 'stealth' drones have been spotted over military bases in Arizona and other places. Chinese businessmen are building large complexes, including airfields, on both sides of our southern border. Numbers of illegals turn out not to be from South America, but other places, including China. We can hope that this is just a conspiracy theory, and that we are over-reacting.

Eric Clapton

This singer had the audacity to report that he had a terrible reaction to the vaccinations, which is still troubling him. He cannot touch anything hot or cold, or his hands don't work. For this crime, complaining about the experimental vaccine, his friends are abandoning him in droves, and refusing to speak to him. Why, you might think that this was part of a coordinated effort to silence anyone opposed to this vaccine. While young people and small children are virtually immune to Covid, they are under great pressure to take this as well. In fact, some are now advocating to give a version of this vaccination to your pets! Wouldn't you like to know what the real motives are?

The Military

They, too, are caught up in 'woke' thinking. An admiral gave a big speech about the need for mission 'equity', and utterly failed in cross examination with congress. The military, of all groups, does not deal in 'equity'. They deal in superiority, and strength, not in making equal outcomes for all. Until now, that is. Tribal thinking is the order of the day. This was predicted 40 years ago in the book "Mega Trends'. The mass migrations, breaking down into tribal identity groups, and the violence and disruption that would follow.

Florida

The Governor there is sending law enforcement teams to Texas, to assist in their efforts to control the flood of illegals. Texas is being overwhelmed by the tens of thousands bum rushing our border, while Kamala cackles and makes bad jokes.

Biden

At the G-7, his 'get out of my way' charge (you should get out of his way, he might just slip and fall on you, otherwise) led him to tell Putin a thing or two. While Putin laughed at him, and gave us nothing at all, Biden slapped Putin with a list of 16 places he better not cyber-attack, or else. You know, things like the energy grid, hospitals, and other key infrastructure. This is kind of like having us hand Japan a list of targets they should not ever attack, like Pearl Harbor, Guam,. the Philippines and Wake Island. Nothing says strength like giving your enemies a target list.

Portland

During a declared riot a few months ago, Officer Corey Budworth actually pushed a protester, who was throwing Molotov Cocktails at buildings, with his baton. Of course, the politicians wanted to prosecute this officer for his use of 'excessive force'. A board of inquiry exonerated him, completely. But the politicians ignored this, and went ahead, and convicted this officer for this offense. In response, the entire 50-man Rapid Response Unit (a voluntary assignment) quit. Portland, you are on your own.

Twitter

Documents have surfaced showing that Twitter colluded with officials in the State of California, to silence people who complained about corruption in California, as well as all the usual topics, like opposition to Covid rules, or actually having conservative thoughts, or election fraud. This should be a national scandal of Biblical proportions, this attack on the First Amendment. But, since we no longer honor the Constitution, it will be suppressed, as much as the left is able to do so.

Kind of a lot to chew on, isn't it?

Rich

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rmg171 · 4 years ago

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A Louisiana pediatrician was arrested Wednesday and charged with punching and verbally assaulting a Southern University student while she was walking near the LSU Lakes, authorities said. The pediatrician, identified by police as Shane McKinney, 54, was charged with simple battery, Baton Rouge police said. McKinney is a pediatric emergency medicine doctor at Our Lady of the Lake Children's Hospital in Baton Rouge.

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melissawalker01 · 4 years ago

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Utah Criminal Code 76-5-102.8

Utah Criminal Code 76-5-102.8: Disarming a Peace Officer–Penalties

1. As used in this section: a. “Conductive energy device” means a weapon that uses electrical current to disrupt voluntary control of muscles. b. “Firearm” has the same meaning as in Section 76-10-501. 2. An actor is guilty of an offense under Subsection (3) who intentionally takes or removes, or attempts to take or remove a firearm or a conductive energy device from the person or immediate presence of a person the actor knows is a peace officer: a. without the consent of the peace officer; and b. while the peace officer is acting within the scope of his authority as a peace officer. 3. Conduct under Subsection (2) regarding a firearm is a first degree felony. Conduct under Subsection (2) regarding a conductive energy device is a third degree felony.

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Disarming A Peace Officer

Disarming a peace officer is a relatively simple criminal offense. At trial the an attorney must show five separate elements: • The victim was a peace officer; • The victim was acting in an official capacity; • The defendant disarmed the victim by taking a dangerous weapon from him; • The victim did not consent to the taking of the dangerous weapon; and • The defendant intentionally committed the acts. Peace officer “means any person vested by law to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. ‘Peace officer’ includes a commission warden and a university police officer…” A peace officer acts in an “official capacity” when that officer performed acts that they are employed to perform. In the midst of a scuffle with law enforcement, whether done intentionally or unintentionally, an individual can be charged with attempting to disarm. The alleged attempt of disarming can involve the gun of a police officer or his baton, pepper spray, handcuffs or any other list of items that constitute a weapon. As you now unfortunately know, a charge for disarming a police officer enters into a very murky area when it comes to your liberty although this offense is less than cut-and-dry in many cases. A skilled criminal attorney can frequently take advantage of the facts and law in these cases and avoid jail, etc.

How Serious Is A Disarming Law Enforcement Charge?

Disarming a Law Enforcement Corrections Officer is a second degree crime and can result in up to 10 years in prison. However, this charge can be enhanced to a first degree crime that carries as much as twenty years in prison and a $200,000 fine under certain circumstances that are discussed later.

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When Does Someone Attempt To Disarm A Peace Officer?

There are three elements that must be present in order for a guilty verdict to be rendered. Specifically, they include: • That the defendant knowingly took or attempted to exercise unlawful control over a firearm or other weapon in the possession of a law enforcement or corrections officer; • While that officer is acting in the performance of his duties; and • That officer is either in uniform or exhibits evidence of his authority. The third element of this offense tends to be the trickiest for the State to prove in their case-in-chief. Primarily because undercover officers may be disarmed in the heat of an operation but never exhibit any authority or evidence of their power as a law enforcement officer. Developing these proofs in your case can be the difference between a conviction and exoneration.

Enhancement to First Degree Disarming of a Peace Officer

As mentioned above, the majority of charges for disarming a peace officer are in the second degree. However, under certain circumstances these charges will enhance to a crime of the first degree. Specifically, this will happen if, in addition to disarming the cop: • The defendant fires or discharges the firearm; • The defendant uses or threatens to use the firearm or weapon against the officer or any other person; or • The officer or another person suffers serious bodily injury. Most likely if someone is convicted of disarming a peace officer in the first degree, as previously stated, they are exposed to twenty years of incarceration. In addition, there is a presumption that they will go to jail which means that imprisonment is a virtual certainty if convicted. The No Early Release Act (“NERA”) applies to disarming convictions so that a defendant has to serve 85% of the jail/prison sentence imposed before eligible for parole. The presumption of incarceration and NERA also apply to second degree disarming. A person charged under the statute can be subjected to a first-degree or second-degree offense, depending on the extent of the encounter. It is a second-degree offense for a suspect to attempt to disarm or to actually disarm a peace officer. Where the disarming progresses to the point that the gun or firearm discharges and/or is fired, the gun is pointed or used against the officer, or a person suffers serious bodily injury, the charge is a first-degree offense. In either case, we are talking about a serious criminal indictment which carries a presumption of incarceration. It is therefore crucially important for an individual to hire a knowledgeable attorney to defend him given the exposure associated with a conviction. In order to prove a second-degree indictment or charge for disarming in Utah, the prosecutor must establish: • that the suspect knowingly took or attempted to take control of a firearm or weapon; • the weapon or firearm was possessed by a member of law enforcement; • the law enforcement officer was acting in the performance of his duties; and • the law enforcement officer was in uniform or exhibited evidence of his authority. • An additional element must be established by the state where an individual is charged with a first-degree offense—that the firearm went off, the firearm or weapon was used to threaten the peace officer, or someone suffered serious bodily injury. The first element is established when there is an interference with the officer’s possession or control of the weapon.

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Any individual who knowingly attempts to take control or actually exercises unlawful control over any weapon or firearm possessed by a peace or corrections officer acting within the performance of their duties is committing a Second Degree Offense. The crime shall be considered a First Degree Offense if:  The individual actual discharges or fires the firearm  The individual threatens to use or uses the weapon or firearm against any other person, including the police officer; or  Any other person involved, including the police officer, suffers serious bodily injury If the accused attempted to disarm or actually disarmed a police officer, they are facing charges for a Second Degree Criminal Offense. If and when the act of disarming progresses and the officer or another individual is harmed and/or the gun is fired or used against the officer, the defendant faces charges for a Second Degree Offense. Regardless of the charge, disarming a law enforcement officer is a serious criminal indictment and often carries the penalty of incarceration. It is critical to your case to hire a knowledgeable attorney for the best defense possible. To prove a Second Degree indictment for a disarming charge in New Jersey, the prosecutor must establish all of the following:  The individual knowingly attempted to take or actually took control of the a weapon  That weapon was in the possession of a member of law enforcement  The law enforcement officer was acting within reasonable performance of their duties  The law enforcement officer in question was in uniform or exhibited evidence of their authority Furthermore, to prove the elevated charge of a First Degree Offense for disarming an officer of the law, the prosecutor must additionally prove the firearm went off, the weapon was used as a threat against the peace officer, or someone suffered serious bodily injury as a result of the disarmament. A weapon refers to any object capable of inflicting serious bodily injury or lethal use. If the individual accused of disarmament has acted lawfully, such as in justified self-defense or a superior law enforcement officer, there is no guilt of disarming an officer. Serious bodily injury refers to bodily injury that causes serious, permanent disfigurement, protracted loss or impairment of any bodily member, or substantial risk of death.

Common Offenses You May Be Charged With For Assaulting A Law Enforcement Officer

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Assault and battery is a serious offense in Utah that can cause long-term consequences in a person’s life. If a person is charged with assaulting a police officer, the charges can be even more serious. Due to all the news about police assaults, shootings, and killings of officers, the police are becoming increasingly intolerant of any actions that may be interpreted as physical resistance or assault. If you have been charged with an assault on a police officer or a similar offense, you need the assistance of an experienced violent crimes attorney to reduce the harsh sentence that you may face. A person can commit battery through any offensive or harmful conduct, which can be as minor as throwing a snowball or small object at someone, if the person makes some contact with the victim and intended harm to the victim. An assault is an intentional act that makes a person think that he will be offensively touched or intentionally harmed. Since a battery is any unwanted touching, these charges can be raised for any minor action of a suspect. This law applies to police officers and many other government officials, including:  Judges  Correction officers  Firefighters and volunteer firefighters  Rescue squad personnel If you are convicted of this offense, you face a mandatory minimum prison sentence of six months in jail that can be increased to one to five years in prison. You may also be fined a maximum of $2,500.

Obstruction of Justice Charges

You may also be charged with obstruction of justice if you prevent the police officer from performing his duties. This offense can also be charged with obstructing a judge, juror, prosecutor, or attorney. You may be charged with this for:  Using force or threats of force to impede a peace officer  Threatening body harm to impede a peace officer  Making a false representation to a police officer who is investigating a crime. Obstruction of justice is generally a Class 1 misdemeanor with a possible sentence of up to 12 months in jail and a fine of up to $2,500. However, a person can be charged with a Class 5 felony if he knowingly attempts to intimidate or impede a peace officer and does so in a court in relation to a drug offense or felony.

Resisting Arrest Offenses in Utah

Resisting arrest is similar to obstructing justice but is a different offense in Utah. Both involve intentionally impeding a peace officer from performing his duties. Unlike resisting arrest, you may be charged with obstruction of justice in situations other than an arrest. Under Utah law, you may be arrested for resisting arrest for intentionally preventing or attempting to prevent a law enforcement officer from arresting you, with or without a warrant. This is defined as fleeing under one of these circumstances:  The peace officer is applying physical force  The peace officer communicates to you that you are under arrest  The peace officer has the legal right to and the immediate physical ability to do so  A reasonable person would know or should know that he is not free to leave

Resisting Arrest: Laws, Penalties, and Defense

Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” The crime can be a felony or a misdemeanor, depending on the severity of the actions of the person being arrested. Misdemeanor resisting arrest (or misdemeanor obstruction) can include actions such as running and hiding from a law enforcement officer. Felony resisting arrest usually requires that a person either act violently toward the arresting officer or threaten to act violently. Felony Resisting Arrest: What Does the Prosecutor Have to Prove? In order to secure a conviction for resisting arrest, the prosecutor must produce evidence on the following issues, called the “elements” of the offense, and the judge or jury must decide that the prosecutor has proved each one of them beyond a reasonable doubt. While the elements of the crime may vary from state to state, usually all of the following must be true:  The defendant intentionally resisted or obstructed a law enforcement officer. This means the defendant intentionally acted in a way to hinder the arrest. However, the person need not have intended the result or harm that his actions caused.  The defendant acted violently toward the law enforcement officer or threatened to act violently. For example, striking or pushing the officer would satisfy this requirement. Similarly, a defendant’s threat to strike an officer with an object in the defendant’s hand would also satisfy this requirement.  The law enforcement officer was lawfully discharging his official duties. This means the law enforcement officer was properly engaged in the performance of official duties, such as investigating a crime or making a traffic stop. A law enforcement officer can be acting lawfully even when arresting the wrong person and even if the charges are dropped or the defendant secures an acquittal at trial. (Read more on your rights if you’re arrested.)

Call Ascent Law LLC For Legal Help

If you are facing a charge of resisting arrest, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses you might have. For example, if you believe that your resistance was justified because the arrest was unlawful, you’ll need to know whether your state recognizes this defense, as explained above. A lawyer’s skillful negotiation with the prosecutor can sometimes result in a reduction of felony resisting arrest charges to misdemeanor charges, or even dismissal of the charges. A local criminal defense attorney, who knows how the prosecutors and judges involved in your case typically handle such cases, can assist with these negotiations. And if you decide to go to trial, having a good lawyer in your corner will be essential.

Criminal Lawyer in Utah

When you need to defend against criminal charges in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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