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The Second Degree charge will be difficult to convince a jury of. I think the Prosecutor is aiming at a third degree charge, which is a misdemeanor.
1 posted on 08/17/2019 2:58:29 AM PDT by marktwain
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To: marktwain
  Link to video of his arrest.
2 posted on 08/17/2019 3:00:29 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

Even though I severely disagree with what he did, I posted some time ago that he was not going to be prosecutable like people thought because he did not act like he was going to shoot anyone.


3 posted on 08/17/2019 3:06:43 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: marktwain

“As he left the store, another armed citizen pointed a gun at him and held him for police.”

While this may or may not have been prudent - was it legal? I’m guessing that a citizen’s arrest is legal - but what if the guy hasn’t done anything illegal?

My son has a saying - I wish I could remember it correctly! But something along the lines of “Just because you can, doesn’t mean you should.” (It is more profound than that).

On the other hand - I get that his point was to uphold his God given rights, affirmed by our Constitution.


5 posted on 08/17/2019 3:18:04 AM PDT by 21twelve (!)
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To: marktwain

“In short, anyone who is exercising their Second Amendment rights on the basis of MUAH RAHTS!!!!!!” and in such a way that the actual and reasonably foreseeable effect is to undermine generalized political support for the Second Amendment is no genuine friend of the Second Amendment. They are, rather, engaged in self-serving, attention-grabbing behavior that is detrimental to the Second Amendment. They are no ally of the Second Amendment, and no friend of mine.”
—Andrew Branca

My sympathy for grandstanding Dmitriy is zilch.


7 posted on 08/17/2019 4:01:13 AM PDT by Artemis Webb (There are only two genders.)
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To: marktwain

“He took an tactical ballistic vest out of the car”
************************8
“an” tactical vest? Who taught this writer/editor English?


8 posted on 08/17/2019 4:10:35 AM PDT by yldstrk (Bingo! We have a winner!)
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To: marktwain

Should be no charge at all. What he was doing was entirely legal under Missouri law.


10 posted on 08/17/2019 4:28:21 AM PDT by DoodleDawg
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To: marktwain

“I know a guy”...who carries concealed in Walmart, Target, Sears, and everywhere else, who isn’t seeking attention, but still exercising his God given rights.
This guy was looking to be arrested.


20 posted on 08/17/2019 5:24:12 AM PDT by Fireone (Build the gallows first, then the wall!)
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To: marktwain

Anyone read the statute at the site? I would go with #3 as my defense.

3. No offense is committed under this section by a person acting in good faith with the purpose to prevent harm.

“Your honor... I came well prepared to defend and protect other shoppers from any possible deranged mass shooters.” :)


21 posted on 08/17/2019 5:24:59 AM PDT by Openurmind
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To: marktwain

574.120. Making a terrorist threat, second degree — penalty. — 1. A person commits the offense of making a terrorist threat in the second degree if he or she recklessly disregards the risk of causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation and knowingly:

(1) Communicates an express or implied threat to cause an incident or condition involving danger to life; or

(2) Communicates a false report of an incident or condition involving danger to life; or

(3) Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life.

2. The offense of making a terrorist threat in the second degree is a class E felony.

3. No offense is committed under this section by a person acting in good faith with the purpose to prevent harm.
­­——–
(L. 2014 S.B. 491)
Effective 1-01-17


24 posted on 08/17/2019 5:30:22 AM PDT by Openurmind
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To: marktwain

The only way to fix this antigun hysteria is to throw it in their faces in mass. Every Monday should be declared National open carry day and do it. Several things will happen.

1. Thousands who panic and report someone will be told by the officers that it is legal and there is nothing can be done about it “scary” or not.

2.Crime incident statistics would drop to almost 0 on Mondays proving a point.

3. It will be shown that mass open carry is not “dangerous” because very few if any events will happen.

4. After several weeks it will become psychologically “normal” to see folks open carrying and it will start to be ignored and accepted as normal for Mondays.


29 posted on 08/17/2019 5:44:38 AM PDT by Openurmind
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To: marktwain

It wasn’t a Tactical Ballistic Vest in reality was it???


31 posted on 08/17/2019 6:00:26 AM PDT by mabarker1 ((Congress- the opposite of PROGRESS!!!))
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To: marktwain

I don’t understand why there should be any charge at all. The young man was just open-carrying for all to see whilst protecting himself against the poaaibiity of any miscreant shooter in the store, He was not endangering anyone, just exercising his Constitutional rights.


32 posted on 08/17/2019 6:01:00 AM PDT by imardmd1 (Fiat Lux)
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To: marktwain

In a Country (OURS) that has mandated that “Hate” is a Crime, anything is possible.

Hate is a Motive, not a Crime, but you would never know it.

Hate Crime = Thought Crime, period.

Hate Crime Laws are an assault on our Constitution yet they exist throughout our Nation on Federal, State and Local levels.


46 posted on 08/17/2019 7:47:14 AM PDT by Kickass Conservative (Democracy, two Wolves and one Sheep deciding what's for Dinner.)
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To: marktwain
People need to realize that exercising a right is just that. Laws need to be enforced in our favor as vigorously as they are enforced to fine us or put us in jail.

Plus if the El Paso guy knew in advance that several Dimitris were likely to be in the store, all those people who were just killed, would still be alive.

All you people bashing Dimitri: Take a powder. The libs are, simply put, trying to disarm and do away with us. Realize it.

Free Dimitri!

49 posted on 08/17/2019 8:08:59 AM PDT by caddie (We must all become Trump, starting now!)
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To: marktwain

One thing is for sure:

Dmitry will forever be enshrined in the People of Walmart pix.


52 posted on 08/17/2019 9:19:49 AM PDT by TomGuy
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To: marktwain

With brainless morons like this on our side it is a wonder that we still have a 2d amendment.

He is very lucky he was not shot.


53 posted on 08/17/2019 11:08:12 AM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
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