Good arrest or abuse of rights?

The Best online firearms community in Louisiana.

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,682
    113
    Baton Rouge, LA
    https://www.wafb.com/2020/02/17/man...d-ar-after-threatening-co-workers-police-say/

    Man makes threats toward former employer. "Threats along the lines of having enough fire power to take the place out, mow the place down, and he didn't care how many people got hurt." The next day, the man drives by the place of business. The police happen to be there. They pulled the guy over down the block and found "a loaded handgun, an AR-15 rifle with multiple loaded magazines and additional ammunition." One of his charges is attempted second degree assault, possibly due to the weapons in the car. I'm curious about what the general feel is for this charge. Was it reasonable or not? I'm hoping this won't turn in to a mud slinging tread.
     

    Bigchillin83

    Well-Known Member
    Rating - 100%
    94   0   1
    Feb 27, 2012
    6,173
    113
    Livingston
    mmmm bad choice and bad timing I would say for sure to be passing buy with them guns after you may or maynot have made a threat.... that's about all I got to say...
     

    Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,374
    83
    Nether region
    Need some more info:

    Was he still employed or was he recently fired?
    If he was fired, did he make the threats during or after his termination?
    Was he terminated one day, then drove by the next day as an "ex-employee?"

    These answers would put the arrest into context.

    I'll say this; if he was fired on any of the days before, and he was throwing those threats during or after he was officially told he was fired, then he came back to the business the following day(s), with that weaponry, then I would tend to agree this guy was up to no good. If the facts show what I just laid out, then at the very least, he was putting himself in a position to decide to carry out an assault.

    The fact that he made any verbal threats like that kinds of puts the onus of being a douche on himself.
     

    DBMJR1

    Madame Mayor's Fiefdom
    Rating - 100%
    23   0   0
    Jul 27, 2008
    2,311
    113
    New Orleans, La.
    I don't know how you can 'attempt' an assault, but it sounds to me as though he 'committed' assault when he made the threats. Assuming there was video, or witnesses, that is probable cause for the stop in my lay opinion.

    I would think that he would be guilty of simple assault, since I assume he was unarmed at the time of the threat.

    That is a misdemeanor charge in most places. Not sure how a misdemeanor would result in seizure of property.

    As I say, I am not an attorney, nor did I sleep in a Motel 6 recently.
     

    Bangswitch

    Well-Known Member
    Rating - 100%
    1   0   0
    Jan 10, 2019
    2,221
    38
    a location near you
    Well he made threats. That charge should stick.

    I see no problem with the stop. The place of business had received threats creditable or not a drive-by like that would warrant a stop for at least a conversation. As incident to the stop it sounds like they had probable cause to take further action.

    Now their presence probably foiled an attack, but proving that may be difficult. So charging him with attempted 2nd degree assault is iffy. He could just be a dumbass, and it’s not illegal to have guns and be weird or dumb.... yet. I didn’t catch the state so it may be illegal to have those guns in the car. Even here in Mississippi a loaded rifle in the car could be considered hunting from a legal road, so it may have been illegal the condition he was carrying those guns in the car.

    However I believe when someone says they are going to do ‘x’ I tend to take them at their word.

    Now this whole thing could be some elaborate set up. His co-workers/boss could be some wackos out to get him arrested. It does happen cough cough...Eddie Gallagher.

    This will be interesting to see play out.

    With the information currently provided I think the arrest would be legitimate. The rest is left up to the courts to sort out.
     
    Last edited:

    machinedrummer

    Well-Known Member
    Rating - 100%
    2   0   0
    Apr 5, 2010
    3,669
    113
    Kingwood, Tx
    If there was no trespassing violations and he didn’t stop and make any threats or gestures....just driving on a public road then lawyer up. If that’s a Diamondback AR his vehicle is much more dangerous anyway. His vehicle is made up of 3-5 thousand pounds of hurt and many gallons of highly explosive gasoline.
     

    RaleighReloader

    Well-Known Member
    Rating - 100%
    32   0   0
    Jan 30, 2015
    1,175
    48
    Baton Rouge, LA
    The article doesn't cite exactly what he said, so I don't know how reasonable it is to assume that he actually made a threat. But based on the tenor of the article, it sure seems that way.

    And even if what he said doesn't rise to the level of criminal culpability, it was sure stupid and will bring a world of hurt onto him.

    mike
     

    DAVE_M

    _________
    Rating - 100%
    32   0   0
    Apr 17, 2009
    8,288
    36
    ________
    The Merrimack Police Department said Corey Godinez, 29, faces multiple felony charges: attempted first-degree assault, attempted second-degree assault and criminal threatening. He was also charged with harassment and loitering or prowling.

    Seems like there is more to the story, as usual.

    LifeLine employees told police that Godinez had made threats of violence toward them after he was fired Thursday, indicating that he "had enough firepower to take people out and that he did not care how many people had to get hurt," according to a media release from the MPD.

    While officers were investigating the matter at the LifeLine office, Godinez drove by the building. Officers were able to identify his vehicle and he was subsequently stopped and detained, according to police.

    Police said they learned Godinez had weapons inside his vehicle during a roadside investigation, and he was subsequently taken into custody. Officers applied for and were granted a search warrant for his vehicle.

    While executing the search warrant, officers seized a loaded handgun and an AR-15 rifle with multiple loaded magazines, as well as additional ammunition.

    So an employee is fired, proceeds to make threats to other employees, police are doing an investigation at the workplace and notice the ex-employee driving by. The officers stop him and learn that he has weapons in the vehicle. Officers obtain a search warrant.
     
    Last edited:

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,682
    113
    Baton Rouge, LA
    Was he still employed or was he recently fired?
    If he was fired, did he make the threats during or after his termination?
    Was he terminated one day, then drove by the next day as an "ex-employee?"

    Dave may have answered this. I do not know when he was fired. He made threats one day then drove by while officers were at the location investigating the threats.

    Sounds like he should get a lawyer.

    Is the question in regards to the legality of the police arresting him?

    My question is in regard to the charges involving the firearms. He didn't stop. He didn't point the weapons at anyone. But he did make threats the previous day.

    I don't know how you can 'attempt' an assault, but it sounds to me as though he 'committed' assault when he made the threats. Assuming there was video, or witnesses, that is probable cause for the stop in my lay opinion.

    I would think that he would be guilty of simple assault, since I assume he was unarmed at the time of the threat..

    New Hampshire assault is not the same as Louisiana assault. There, assault is closer to our battery and attempted assault is like our assault. If the guy said the things that a co-worker quoted, the guy talked about firepower. That would make a reasonable person envision a weapon. So driving by with a weapon could be viewed as attempted assault. On a side note, I'm not sure where the assault charge would come from. I don't see where anyone got hurt.

    631:1 First Degree Assault. –
    I. A person is guilty of a class A felony if he:
    (a) Purposely causes serious bodily injury to another; or
    (b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g; or
    (c) Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth; or
    (d) Knowingly or recklessly causes serious bodily injury to a person under 13 years of age.

    The article doesn't cite exactly what he said, so I don't know how reasonable it is to assume that he actually made a threat. But based on the tenor of the article, it sure seems that way.

    And even if what he said doesn't rise to the level of criminal culpability, it was sure stupid and will bring a world of hurt onto him.

    mike

    From another article:
    "LifeLine employees told police that Godinez had made threats of violence toward them after he was fired Thursday, indicating that he 'had enough firepower to take people out and that he did not care how many people had to get hurt,' according to a media release from the MPD."
     

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,682
    113
    Baton Rouge, LA
    The article said he was fired "on Thursday," but I don't know when he was arrested.

    Fired Thursday, Threatned Thursday, Drove by on Friday when cops were there investigating the threats. Arrested on Friday. Business on a cul-de-sac so it's tough to claim just passing through. And I missed the attempted part of the 1st degree assault when I replied in a previous post.

    "On Friday, Merrimack police went to the LifeLine Ambulance office, on a cul-de-sac just off Route 3 in Merrimack. Officers were interviewing other workers there when Godinez drove by."

    https://www.unionleader.com/news/cr...cle_bbdc7027-a692-5866-890b-305d1bbcce4e.html

    "Officers were on the scene Friday at LifeLine Ambulance in Merrimack interviewing employees while following up on the reported threat when somebody recognized Corey Godinez and his vehicle as he drove by, police said."

    "Godinez, 29, threatened violence after losing his job Thursday at LifeLine Ambulance in Merrimack, police said in a news release on Saturday."

    "Godinez was charged with criminal threatening, attempted first-degree assault, attempted second-degree assault, harassment and loitering, police said."

    https://www.unionleader.com/news/cr...cle_b9f4ec16-a778-5439-9f58-404495366bc1.html
     

    DAVE_M

    _________
    Rating - 100%
    32   0   0
    Apr 17, 2009
    8,288
    36
    ________
    Perhaps stating "as he drove by" isn't what really happened.

    Either way, humbruh needs to lawyer up. Explaining why he was driving around back there after getting fired is gonna be fun.
     

    RaleighReloader

    Well-Known Member
    Rating - 100%
    32   0   0
    Jan 30, 2015
    1,175
    48
    Baton Rouge, LA
    Either way, humbruh needs to lawyer up. Explaining why he was driving around back there after getting fired is gonna be fun.

    I agree. This dude is in a world of hurt, and if he's flapping his gums he's only hurting himself.

    The local DA will probably want to make an example out of him. I wouldn't blame the DA for doing so.

    mike
     

    Bangswitch

    Well-Known Member
    Rating - 100%
    1   0   0
    Jan 10, 2019
    2,221
    38
    a location near you
    I’m not sure why anyone would feel uncomfortable with detainment, and should be charged the only thing one might could argue is the attempted assault. In the context of his threats the day before, I would struggle to make the argument that passing by your former employer with guns in the car isn’t a crime. In context it’s a no brainer.
     

    Magdump

    Don’t troll me bro!
    Rating - 100%
    163   0   0
    Dec 31, 2013
    9,360
    113
    Hammond, Louisiana
    Sounds like the only real crime he committed was being stupid. They can get him on the threats which won’t amount to much but that’s about it. Probable cause for pulling him over? Was there a warrant out for him at that point?
    Not even gonna contemplate whether or not he was about to come unhinged and go Rambo on the boss, but sounds like he was close. Last I checked, this ain’t Minority Report.
    That being said, cops can arrest a guy for anything. Good or bad arrest gets decided in the courtroom.
     

    machinedrummer

    Well-Known Member
    Rating - 100%
    2   0   0
    Apr 5, 2010
    3,669
    113
    Kingwood, Tx
    I wonder if he would have been free to go if he only had a few gas cans and a zippo instead of legally owned guns? (I’m assuming they were legally owned). I’m sure if he was prohibited it would have been reported. It’s all about the guns. Just like red flag laws.
     

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,682
    113
    Baton Rouge, LA
    Sounds like the only real crime he committed was being stupid. They can get him on the threats which won’t amount to much but that’s about it. Probable cause for pulling him over? Was there a warrant out for him at that point?
    Not even gonna contemplate whether or not he was about to come unhinged and go Rambo on the boss, but sounds like he was close. Last I checked, this ain’t Minority Report.
    That being said, cops can arrest a guy for anything. Good or bad arrest gets decided in the courtroom.

    He was the perpetrator in a criminal investigation. He was named and identified by the complainant.
     

    Latest posts

    Forum statistics

    Threads
    195,035
    Messages
    1,544,734
    Members
    29,121
    Latest member
    Nexus2024
    Top Bottom