Posted on 11/08/2019 5:03:56 AM PST by marktwain
U.S.A. –-(Ammoland.com)- The youthful Second Amendment supporter who made national headlines has reached a plea deal with the Green County Prosecutor. Dmitriy N. Andreychenko conducted his advocacy in a Missouri Walmart on 8 August, 2019, less than a week after a mass murder in an El Paso, Texas Walmart on 3 August, 2019.
Andreychenko wore body armor, had an unloaded, slung AR-15 type rifle, and a loaded, holstered pistol. He took a shopping cart into the Walmart while videoing himself on his phone. Police arrested Dmitriy on a charge of a terrorist threat in the first degree. The prosecutor initially charged him with a terrorist threat in the second degree. I predicted the prosecutor would not charge him with a first degree threat. The conduct did not match the charge.
The video demonstrates Dmitriy was calm and cooperative with the police.
The surveillance video of Dmitriy inside the store does not seem to have been released to the public.
On August 14, I predicted the prosecutor was aiming for a plea bargain to a charge of terrorist threat in the third degree, “Causing a false belief or fear”.
Dmitriy consistently told the story that he was testing his Second Amendment rights, and he expected Walmart management to talk to him, not pull a fire alarm. The Third degree terrorist threat is probably the prosecutor's target.
The prosecutor and defense have agreed on a plea bargain to a somewhat reduced charge from the third degree terrorist threat, which is a class A misdemeanor. Dmitriy has agreed to a plea of “knowingly causing a false report to be made”, which is a class B misdemeanor. From greencountymo.gov:
(Excerpt) Read more at ammoland.com ...
From the article (I would have had the same reaction - all I would have thought of was the "Taxi Driver" scene where Travis Bickle shows up in a Mohawk):
"A customer in the parking lot of the Walmart observed the defendant putting on his body armor and then sling the rifle across his front while recording. Based upon his actions and recent events, she feared for the people inside the Walmart and had her boyfriend call 911. She has never been bothered by people carrying guns in Walmart before but this was different.The manager of the store is familiar with individuals carrying openly in his store,but also stated this was different."
If it's legal then why the charges?
Often, it depends on the totality of the circumstances.
He ended up scaring some people because it was so close the the previous mass murder.
His family members advised him not to do it.
He tried to get other people involved, which would have made if more clear that he was not a threat. They refused, and he bulled ahead with what remained of his plan.
Not worth the legal fight for either side, when neither was sure of victory.
Hence, the plea deal.
Well, in Missouri the says that open carry can be restricted by subordinate govt entities, but a CCW license supercedes that restriction. That’s govt ordinance etc.
Now, to Walmart, the law says a premises must be marked with specific signage at all entrances, and if not, then crying wolf is a nonstarter with the local police unless the armed person is otherwise breaking laws.
So, no Walmart posts , so OC in MO Walmart is lawful, unless asked to depart and the armed person refuses.
See how it works in MO?
I was in a central MO Walmart yesterday, saw three oc folks. None were a bother, went about their business. Life goes on.
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