Darren Wilson's Side of the Story

[Tom Joad]

Originally Posted by finnbow

None of that changes the fact that he was indeed complicit. Moreover, his choice to continue hanging out with Brown after the robbery/battery to enjoy the fruits of said robbery provide grounds to look at his testimony with some skepticism.

I see. So if you are the passenger in a vehicle doing 52 mph in a 50 mile zone you need to dial 911 on you cell phone and report them to the police right then and there. And of course you need to order them to stop the vehicle so that you can get out. If they don't stop would it be justifiable to use deadly force to make them?

If a cop stops a vehicle for a traffic violation should he issue not only the driver, but any passengers a citation also?

[finnbow]

Originally Posted by Tom Joad

I see. So if you are the passenger in a vehicle doing 52 mph in a 50 mile zone you need to dial 911 on you cell phone and report them to the police right then and there. And of course you need to order them to stop the vehicle so that you can get out. If they don't stop would it be justifiable to use deadly force to make them?

Speeding isn't 2 felonies, TJ. Hell, speeding isn't even a misdemeanor. Try again.

[Boreas]

Originally Posted by Tom Joad

Felonious strong armed robbery.

Isn't that a bit over the top Finn?

He took a pack of cheap cigars and gave the clerk a little shove.

Yeah, I suppose that technically fits the legal description but geez.

It's like calling someone doing 46 mph in a 45 mph zone a speeder.

But I guess you have to pull out all the stops to demonize the dude so that you can justify blowing his brains out with a .40 caliber pistol.

That's strong-arm robbery by the letter of the law, probably even within the spirit of the law. It's a virtual certainty that, had Mike Brown survived his encounter with Wilson, he wound have been so charged. Would you have argued against those charges?

John

[Ike Bana]

Originally Posted by finnbow

WTF??? By any definition, Johnson was complicit in the felonious strong-arm robbery of the store (and I wasn't). With all due respect, that may be one the dumbest posts I've ever read on this board.

HAHAH!!! Ulnar struck. Thank holy bejuz my self-esteem isn't dependent on your persistently crabby critical parent shtick.

[Boreas]

Originally Posted by finnbow

None of that changes the fact that he was indeed complicit. Moreover, his choice to continue hanging out with Brown after the robbery/battery to enjoy the fruits of said robbery provide grounds to look at his testimony with some skepticism.

Yes, evilly enjoying their "ill-gotten gains". This appears to be an assumption on your part only and, IMO, about the most jaundiced interpretation one could make.

John

[Tom Joad]

Originally Posted by Boreas

That's strong-arm robbery by the letter of the law, probably even within the spirit of the law. It's a virtual certainty that, had Mike Brown survived his encounter with Wilson, he wound have been so charged. Would you have argued against those charges?

John

I wouldn't send a him to prison for it, or even county jail.

Probation and some community service hours would seem to be appropriate.

[sheltiedave]

Finnbow, if you would, please cite which line in the statute would make the theft of under $50 of Cigarillos a felony in the Missouri Statute....

570.030. 1. A person commits the offense of stealing if he or she:

(1) Appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion;

(2) Attempts to appropriate anhydrous ammonia or liquid nitrogen of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion; or

(3) For the purpose of depriving the owner of a lawful interest therein, receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.

2. The offense of stealing is a class A felony if the property appropriated consists of any of the following containing any amount of anhydrous ammonia: a tank truck, tank trailer, rail tank car, bulk storage tank, field nurse, field tank or field applicator.

3. The offense of stealing is a class B felony if:

(1) The property appropriated or attempted to be appropriated consists of any amount of anhydrous ammonia or liquid nitrogen;

(2) The property consists of any animal considered livestock as the term livestock is defined in section 144.010, or any captive wildlife held under permit issued by the conservation commission, and the value of the animal or animals appropriated exceeds three thousand dollars and that person has previously been found guilty of appropriating any animal considered livestock or captive wildlife held under permit issued by the conservation commission. Notwithstanding any provision of law to the contrary, such person shall serve a minimum prison term of not less than eighty percent of his or her sentence before he or she is eligible for probation, parole, conditional release, or other early release by the department of corrections;

(3) A person appropriates property consisting of a motor vehicle, watercraft, or aircraft, and that person has previously been found guilty of two stealing-related offenses committed on two separate occasions where such offenses occurred within ten years of the date of occurrence of the present offense; or

(4) The property appropriated or attempted to be appropriated consists of any animal considered livestock as the term is defined in section 144.010 if the value of the livestock exceeds ten thousand dollars.

4. The offense of stealing is a class C felony if the value of the property or services appropriated is twenty-five thousand dollars or more.

5. The offense of stealing is a class D felony if:

(1) The value of the property or services appropriated is seven hundred fifty dollars or more;

(2) The offender physically takes the property appropriated from the person of the victim; or

(3) The property appropriated consists of:

(a) Any motor vehicle, watercraft or aircraft;

(b) Any will or unrecorded deed affecting real property;

(c) Any credit device, debit device or letter of credit;

(d) Any firearms;

(e) Any explosive weapon as defined in section 571.010;

(f) Any United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open;

(g) Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri;

(h) Any pleading, notice, judgment or any other record or entry of any court of this state, any other state or of the United States;

(i) Any book of registration or list of voters required by chapter 115;

(j) Any animal considered livestock as that term is defined in section 144.010;

(k) Any live fish raised for commercial sale with a value of seventy-five dollars or more;

(l) Any captive wildlife held under permit issued by the conservation commission;

(m) Any controlled substance as defined by section 195.010;

(n) Ammonium nitrate;

(o) Any wire, electrical transformer, or metallic wire associated with transmitting telecommunications, video, internet, or voice over internet protocol service, or any other device or pipe that is associated with conducting electricity or transporting natural gas or other combustible fuels; or

(p) Any material appropriated with the intent to use such material to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues.

6. The offense of stealing is a class E felony if:

(1) The property appropriated is an animal; or

(2) A person has previously been found guilty of three stealing-related offenses committed on three separate occasions where such offenses occurred within ten years of the date of occurrence of the present offense.

7. The offense of stealing is a class D misdemeanor if the property is not of a type listed in subsection 2, 3, 5, or 6 of this section, the property appropriated has a value of less than one hundred fifty dollars, and the person has no previous findings of guilt for a stealing-related offense.

8. The offense of stealing is a class A misdemeanor if no other penalty is specified in this section.

9. If a violation of this section is subject to enhanced punishment based on prior findings of guilt, such findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.

10. The appropriation of any property or services of a type listed in subsection 2, 3, 5, or 6 of this section or of a value of seven hundred fifty dollars or more may be considered a separate felony and may be charged in separate counts.

11. The value of property or services appropriated pursuant to one scheme or course of conduct, whether from the same or several owners and whether at the same or different times, constitutes a single criminal episode and may be aggregated in determining the grade of the offense, except as set forth in subsection 10 of this section.

(L. 1977 S.B. 60, A.L. 1981 S.B. 202, A.L. 1985 H.B. 333 & 64, A.L. 1996 S.B. 657, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2002 H.B. 1888 merged with S.B. 712, A.L. 2003 S.B. 5, A.L. 2004 S.B. 1211, A.L. 2005 H.B. 353, A.L. 2009 H.B. 62, A.L. 2013 S.B. 9, A.L. 2014 S.B. 491)

[sheltiedave]

Likewise, please cite the appropriate line in this abstract from the Missouri statutes on assault and battery.

My Illinois DA indicated Brown would have been charged with this misdemeanor...

Assault Laws in Missouri, defined according to Missouri Statutes

First Degree: A person commits the crime of assault in the first degree if he attempts to kill or knowingly causes or attempts to cause serious physical injury to another person.

Second Degree: A person commits the crime of assault in the second degree if he:

Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or
Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or
Recklessly causes serious physical injury to another person; or
While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause physical injury to any other person than himself; or
Recklessly causes physical injury to another person by means of discharge of a firearm.

Third Degree: An Assault is considered third degree if:

The person attempts to cause or recklessly causes physical injury to another person; or
With criminal negligence the person causes physical injury to another person by means of a deadly weapon; or
The person purposely places another person in apprehension of immediate physical injury; or
The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or
The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or
The person knowingly causes physical contact with an incapacitated person

[Tom Joad]

I had a friend when I was a teenager who shoplifted a couple of times while I was with him. All I did was tell him "If you get caught, I don't know you". I didn't share, or even touch any of the shit he stole, but I didn't quit hanging with him, and I didn't turn him in. What kind of an asshole narcs on his buddy?

Oh, by the way Finn, just in case you were thinking what I think you were thinking, the statute of limitations has long since tolled.

[sheltiedave]

So based on a legal beagle assessment, BEFORE Brown and Wilson mixed things up, Brown had committed two chargeable MISDEMEANORS

Third Degree Misdemeanor Assault
Class D Misdemeanor Theft

Some people need to put some air back in their presumptions...they just went flat.