reply to post by MrWendal
Notice the word "could"? It does not say, "will" or "would". It says, "could". Which means he may, as in it is possible.. or it may
not, could not, or will not. What I am saying is, don't hold your breath. He "could" face charges or he could not faces charges. He is not charged
with anything right now, and I am saying he wont be charged. You see, this is what happens when the masses are being appeased. People like you assume
he will be charged because someone said he might be. 3 Months from now, you forget all about the story, there will still be no charges, and this cop
is working in Jersey
So, what you are saying is that all of this is your assumption of what will happen. Instead of waiting to see what happens and waiting for the
reasoning behind the decision, you automatically assume what will happen.
I am almost certain, after reading the article for the first time, you ASSUMED that he would face no disciplinary action. Instead, he was fired.
Now, what do ASSUMPTIONS make out of you and me? What was thay saying?
Yes, a decision the DA has to make. Not that the DA DID make it, or that charges were expected. This is simply another way of saying, "It's
not our call". It is called passing the buck. When in REALITY and in the land of real people like you or I, if a there is a video tape of us punching
some women in the face, the cops could and would arrest us based on that evidence of a crime. But when it is one of their own, and it is on videotape,
it is suddenly not up to them anymore to enforce our laws, it is up to District Attorney.
Ok, so you are faulting the police department for leaving the investigation of one of their own up to a less-partial third party instead of making the
No matter what the outcome, you are always going to find fault in the police.
If the department would have prematurely charged the officer, and brought a weak case to court, he would be found not guilty. The officer would sue
to get his job back and be able to say "see I was found not guilty in criminal court" and be back on the job and you would be screaming "SEE ALL
POLICE ARE TERRIBLE!"
If the District Attorney looks at the case and makes an informed decision on charging the officer, they can bring a solid case to court and prosecute
him or decline to charge leaving the decision of the department to terminate him to it's own merits.
And now your post is full of assumptions. Fact is, and history is on my side with this, it has happened before. Now you say the maximum penalty
is 2 year... the keyword here is "maximum". Which means there is a lesser term as well if convicted, we call that a "minimum" sentencing. You are
also assuming that if a charge comes, it will be assault, but "assault" has varying degrees, such a "simple assault" which is a misdemeanor charge
in the State of PA and carries a maximum penalty of 1 year, which would be just under the 1 year and 1 day that would prohibit him from carrying a
firearm. ..and again that is the maximum which means any sentence could be less than a year as well. Guess what? he would still be able to carry a
firearm. You are also assuming there will be a conviction, no plea deal, etc etc. Sorry but the real world does not work this way.
§ 2701. Simple assault.
(a) Offense defined.--A person is guilty of assault if he:
(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
(b) Grading.--Simple assault is a misdemeanor of the second degree unless committed:
(1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or
Simple assault is a second degree misdemeanor in PA unless it is a fight or scuffle entered into by mutual consent. Meaning both parties were engaged
in the fight. The woman was not engaged in the fight. So it is a second degree misdemeanor.
§ 923. Classification of offenses and penalties.
(a) General rule.--The following penalties shall be imposed
(6) For a misdemeanor of the second degree, a fine of
not less than $500 nor more than $5,000, or imprisonment not
exceeding two years, or both.
A misdemeanor of the second degree carries a maximum penalty of two years. Conviction=Prohibited
This is all straight from the wording contained in the law.
Fact is, even if charged that does not mean much when Police have Unions fighting for them, Arbitrators, and many procedures in place that will
argue it was simply an isolated incident and everyone has a bad day eventually.
Officers are entitled to a defense just like anyone else when accused of a crime