Topic: Cotton Bowl

[powerbiscuit]

lol, so you are now a physicist AND a lawyer, impressive

let's put it into mallcop terms so you can understand

The over-weight mall cop is at the Great American Cookie Stand eating free samples and acting tough in front the 17 year old cashier. The local badass 13 year old approaches the heavy duty mall cop, points at him, starts yelling obscenities, approaches the mall cop in an aggressive manner.  The porky mall cop points his flashlight at the kid and says "I see you".  The kid rips the flashlight from the hefty mall cops hands and throws it to the ground and retreats while still cursing out the portly wanna-be officer.

What's the charge?

[Hsker4Life]

Nice attempt at being clever, little man, buy you fail.

The scenario in Pelini's case is clearly a criminal mischief. 

Despite your ignorance on the matter, it you're nearby and call screaming that some tall man hit your video game out of your hand, we'll still show up and answer to your screaming.  We realize little people feel thretened quite easily by those of normal height.  Now, it won't be an assault, but we will at least protect you from your bully.

[powerbiscuit]

Nice deflection.  I see you didn't answer the question, mallcop.

[powerbiscuit]

ok, so this time, it's a real cop, so your feelings don't get hurt

A real cop is minding his own business talking on his radio.  A beligerant nut is screaming profanities at him.  The nut approaches him in an agressive manner, pointing his finger at the cops face and is still screaming profanities.  The nut grabs the cop's radio from his hand and throws it to the ground, breaking it into pieces.  He continues screaming insults as he retreats.

What is the charge?

[Hsker4Life]

The charge is criminal mischief.  He did not assault the officer.  The yelling, screaming and profanities means nothing. 

If he's retreating, despite lawful orders to not retreat, then he's evading. 

[powerbiscuit]

bullcrap, if anyone approached a cop like that, they'd beat his ass and have a list of charges longer than your arm

hell, in Texas, the photographer could damn near shoot him for approaching him in such an aggressive, confrontational  manner

[Hsker4Life]

bullcrap, if anyone approached a cop like that, they'd beat his ass and have a list of charges longer than your arm

hell, in Texas, the photographer could damn near shoot him for approaching him in such an aggressive, confrontational  manner

Well, I wouldn't recommend anyone approaching an officer in that manner, and other factors at play could determine the extent of the charges...but going off of only what you wrote, the charge is not assault.  The correct charge is criminal mischief.  Jacking up someone's property is mischief, not assault. 

[Hsker4Life]

If Carl Pelini aggressively shoved the photographer, that would be Class C assault.  But knocking the camera out of his hand, causing damage to the camera, is not assault. 

It really SHOULDN'T matter.  The fact that you've held onto this for a year is surprising to me.  It was a dickhead move by Pelini.  He should have absolutely apologized and fully reimbursed the journalist.  In short, I'm not sad to see him leave Nebraska.  That, combined with his idiotic move of messing around with a family member of a prominent booster doesn't exactly speak of him in a positive light.

[powerbiscuit]

Well, I wouldn't recommend anyone approaching an officer in that manner

ya think?  They shouldn't do this to ANYONE.  If he did this on the guy's property, he could have been shot.

Lucky for Pelini, Nebraska's a classy place and they reached out to the photographer and made it right....once the photos and video started coming out

[Hsker4Life]

Well, I wouldn't recommend anyone approaching an officer in that manner

ya think?  They shouldn't do this to ANYONE.  If he did this on the guy's property, he could have been shot.

Eh, I'm sure this is a figure of speech...not just to get it out there...you can't. 

[powerbiscuit]

In Texas, a person can justifiably and potentially use deadly force against another individual if: he or she believes deadly force was necessary at the moment, believes he protected him or herself against attempted deadly force, prevented an act of kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery.

[Hsker4Life]

Yes, and none of that pertains to this case. 

[powerbiscuit]

when someone is beligerant and out of control and approaches you in a hostile manner, you definitely have the right to protect yourself

[Hsker4Life]

when someone is beligerant and out of control and approaches you in a hostile manner, you definitely have the right to protect yourself

To reasonably protect yourself. 

"believes he protected him or herself against attempted deadly force, prevented an act of kidnapping, homicide, rape, aggravated rape, robbery, or aggravated robbery."

I doubt the photographer felt he was in a danger of being killed, kidnapped, raped or robbed. 

It really isn't important, I just thought I'd get it out there that killing someone for cursing at you and approaching (with no weapon) you aggressively probably isn't the smartest idea, and you probably won't get excused for it.  Even if it's on your front yard.

Now breaking INTO your house?  That's a whole different story.

[powerbiscuit]

....a guy snatches a $2,000 (estimated) camera from his hands and you would argue that you don't know why he would think he's being robbed?

I can see that, irate people snatch $2,000 out of my hands all the time, then hand it back and wish me a happy day

[Hsker4Life]

You're reaching.  I read the comments from the photographer last year, and he never indicated he felt like Pelini was robbing him.  This is getting silly, I do not understand the need to have the argument.  And really, we agree that is was a crappy thing for Carl to do, we just disagree on the charge.