Posted on 08/23/2012 7:48:30 PM PDT by ClayinVA
MARTINSBURG, W.Va. — A prosecutor says a Virginia National Guard member was “highly intoxicated,” more than double the legal limit for drivers, when police arrested him for running near two Martinsburg schools in desert camouflage and toting an AR-15 training rifle.
William Everett Alemar’s blood-alcohol content was more than 0.20 percent, Berkeley County Prosecutor Pamela Games-Neely said Thursday. West Virginia’s threshold for drivers is 0.08 percent.
Games-Neely also said the terrorism charge filed against Alemar is the right one for the circumstances.
(Excerpt) Read more at washingtonpost.com ...
He has a ready-made “Diminished capacity” defense
Come on - he was armed with an assault BB gun. He might have shot a rattlesnake or some other beneficial animal. I’d have to see his voting record to see if he was one of those Tea Party Terrorists, however.
He’s probably guilty of thought crime in any case.
What was he doing in West Virginia
Back in my younger days, going for a run was one of my favorite ways of sobering up. You just have to be careful you don't get hit by parked cars.
Smell test on this one is kinda smelly.
Another thing, I have not been in the military for a looooong time, so excuse the question but, what in the hell is an “AR-15 training rifle�
It’s certainly easy to understand how being drunk is the same as terrorism, eh?
Terrorism charges? Certainly he may have caused a little concern, but this is akin to a thought crime. What did he actually do, nevermind what someone may have thought he MIGHT do?
They train with those toy guns now?
At Ft.Polk and at "little Vietnam", we did use BB guns for reaction shooting, and foe war games, similar to the paint ball games of today, but I think the WP made this up didn't they, just to keep the story from sounding silly?
Airsoft?
I was kind of wondering that myself. Apparently whatever it is, it shoots pellets. Still, I understand the terrorism charges - it's just like the Colorado theater shooting except that it wasn't in a theater, it was in broad daylight, and it was a toy gun. Hmm...
Ahhh - he was RUNNING, not driving. So what's the legal limit for RUNNING?
and he had empty clips - meaning no ammunition
and it was a pellet gun, NOT a AR-15.
could get another two to 10 years if convicted of a related charge, wearing body armor while committing a felony offense.
What felony offense - the one they THOUGHT he was committing ?
But he's a vet. And vets are on the suspected terrorist list.
As to PTSD, there are certainly tens of thousands of things our troops went through that would cause PTSD...not the least of which is having a CIC that has, with his new ROE that gives the advantage to the enemy and has caused a great uptick in our KIA's - who have just arbitrarily handed back hard fought for, heavy blood shed for - territory back to the enemy without a fight - AND with weapons (shoulder rockets, missiles, ammo, tons of gas,) AND, lastly has, as they come home, put them on the TERRORIST list - while a mad mosseSlime army major who yelled Allah Akbar while killing soldiers on an Army base is NOT listed as, will not be tried as - a terrorist. It was merely a "workplace violence' incident.
If I could still run - I'm a great gramma - I think I'd grab at LEAST a pellet gun and run around - and know that I should wear body armor as I may well get shot dead before it was discovered I wasn't a danger....but I'm sure I'm in the terrorist list. After all I am a 'typical white gramma clinging to my guns and BIBLE"
Dear God! Rid us of these evil American hating cretins!
“What felony offense - the one they THOUGHT he was committing ?”
Firearm within 1,000 feet of a school-absolutely no exceptions of any kind whatsoever. Bet Congress thought they’d show those homicidal teenage punks who’s REALLY in charge!/s;)
That one got thrown out by SCOTUS, we can have a concealed weapon in a vehicle in the school parking lot here in Virginia. That 1000 foot rule has caused a lot of people on the sex offenders list to completely move out of most cities since theirs included daycares and churches.
running with a .20 BAC in full pack? Possible, but highly doubtful. Someone is lying and I think it is the DA.
There was no "fire" in that "firearm." Does the law prohibit not just firearms but also things that may look like firearms? Pictures of firearms? Thoughts about firearms? How about wooden sticks that are about as long as an average firearm?
As I understand, the man can be accused of public intoxication, but outside of that he was carrying a piece of metal and plastic that has very few legal constraints regardless of how it looks like.
... and was thrown out by SCOTUS in US v Lopez.
BUT-- Clintoon signed into law a version that requires the gun "have moved in interstate commerce" -- which many do -- and that was held up by the 9th Circuit (big surprise, I know) as meeting the Constitutional test.
However, that was pre-Heller and pre-McDonald, so who knows what another challenge will bring.
And numerous states have exceptions to this law, such as conceal carry in parking lots, and even on teachers (Texas).
Nice to see the Enfield clip properly loaded. (SMLE fans will know what I mean).
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