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 This turned out fairly well... 
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 Post subject: This turned out fairly well...
PostPosted: Thu Sep 23, 2010 8:48 am 
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The article is weasel-worded, but at least the victim didn't get arrested too.

http://www.postbulletin.com/newsmanager ... 6&a=470627

Man arrested for assaulting man with stick

9/21/2010 10:15:33 AM
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Post-Bulletin staff
One man is in police custody for allegedly assaulting another man with a stick over a money dispute.

Police Capt. Brian Winters said officers responded about 4:50 p.m. Monday to a report of a dispute between a man with a stick and a man with a gun at East Park in the 1600 block of East Center Street.

The suspects fled in a vehicle, which was stopped nearby. The 20-year-old Rochester man in custody was in the vehicle, Winters said, and is suspected of assaulting a 26-year-old man with a stick during an argument. Winters said the suspect allegedly was upset because the victim owed money to a friend of his, who was in the vehicle.

Winters said the victim reportedly got upset and and got a gun he is permitted to carry from his car. Winters said the man did not point the gun at anyone or fire it.

The suspect and his friend left in the car when they saw the gun. Winters said the suspect is expected to face assault charges.


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 Post subject: Re: This turned out fairly well...
PostPosted: Thu Sep 23, 2010 10:50 am 
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Just idle curiousity here: If he could go back to his vehicle to retrieve his firearm, wasn't he under some sort of obligation at that point to possibly drive away? Retreat and all that? Going back to a confrontation that had, from appearances, ceased, doesn't sound prudent to me.


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 Post subject: Re: This turned out fairly well...
PostPosted: Thu Sep 23, 2010 11:59 am 
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I'm assuming that the car was in the immediate vicinity so he wasn't leaving and coming back.


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 Post subject: Re: This turned out fairly well...
PostPosted: Thu Sep 23, 2010 5:25 pm 
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I think the point is that if he could reach his car safely to retrieve the firearm, could he not have just driven away? To me, that is a legit point.

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 Post subject: Re: This turned out fairly well...
PostPosted: Thu Sep 23, 2010 6:15 pm 
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Moby Clarke wrote:
I think the point is that if he could reach his car safely to retrieve the firearm, could he not have just driven away? To me, that is a legit point.


Well, ah, yes, you have encapsulated my point very well. Thank you.

How many steps back toward a ceased incident do you have to take, after you have armed yourself, to reach the point where you become the aggressor? My guess would be: Only ONE.


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 Post subject: Re: This turned out fairly well...
PostPosted: Fri Sep 24, 2010 7:10 am 
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What if the victim was standing next to his car and the suspect was standing right next to him with the "stick?" In other words, what if he didn't have to go to his car, but rather reach in his car for the gun he wasn't carrying? The article doesn't spell out that he walked some distance away and came back. Surely the criminal complaint might.

The story is probably misleading because it mentions the suspect near "in [his] car" three times leading some readers to believe that the suspect was sitting in his car while the victim was the one walking around going to his car and coming back. But the suspect is accused of assaulting the victim with a stick. Does one do that from the seat of a car? And "got from his car' sounds like left and came back, but isn't if he's already standing next to his car.

What I'm envisioning is two guys standing near the victim's car. The suspect starts swinging a stick at the victim. The victim, still being assaulted, reaches in his car to grab the gun quickly. The suspect, seeing the gun stops assaulting the victim and turns tail to his car and leaves the scene. In my hypothetical, grabbing the gun was arguably faster and safer than getting into the car, starting it and driving away with the suspect right there trying to hit you with a something.

Anyone local want to request the criminal complaint from the PD?


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 Post subject: Re: This turned out fairly well...
PostPosted: Tue Sep 28, 2010 7:46 am 
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I believe he was in the process of walking away but did not wish to leave a firearm unattended in his car so retrieved it. If the bad guys saw the gun and ran away that was just a side effect.


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