Several interesting updates on my "STOLEN HANDGUN: BOLO Please" thread...

[Emperor]

This is exactly what the officer told me. He stated that since the suspect DID use force and intimidation WHILE in control and/or in partial control of the weapon, it was clear-cut armed robbery. He asked me if the firearm was pointed at me at any time during the struggle (yes) and if the suspect said anything threatening to me (no) and then told me that because the firearm WAS int he suspect's control while the suspect was initiating a threatening / forcible act, it is armed robbery... Period.

As far as the person saying the report probably won't get written up;
The officer E-Mailed me back around noon-ish saying he is currently doing a work-up on the suspect and getting everything together, then he's going to have me come into his office. He's even taking the initiative to do this ASAP, saying he could likely get me in tonight, but unfortunately tonight isn't feasible for me... So I should be meeting with him Monday or very early next week.

This guy I'm dealing with is a true professional and he's helping me out a lot here where no one else would.

Dude, you can't win this one! Cut your losses!

 

[Μολὼν λαβέ]

Hypothetical here:

Guy manages to pull an officer's sidearm out of his holster and a struggle and battery ensues. Weapon is pointed at the officer during the struggle, even accidentally. Guy gets away.

Armed robbery, aggravated battery, or simple theft?

 

[Μολὼν λαβέ]

You have a suspect, but no witnesses(from what I recall), and no evidence?!? Other than him now having an arrest record, won't this boil down to your word agasint his?

There are witnesses but whether or not they talk (or even speak English for that matter heh) is the question.

 

[Emperor]

There are witnesses but whether or not they talk (or even speak English for that matter heh) is the question.

You may have bigger problems than a language barrier if their immigration documentation is anything like the Pretender's BC?!?

 

[03protege]

Everyone told the "NOPD stole my gun" guy to give up and he got his gun back.


Persistence in these matters is key, and while it doesn't guarantee anything, he certainly doesn't have anything to lose. Well it's been lost already.

 

[Emperor]

I do too. Best connection I will ever need. My plan to kill Spec and have the evidence disappear has fallen into place perfectly.



Now I just got to convince him to lay still and hold his breath while I grab a pillow to finish the job.

Your plan is foiled! You typed your intentions on the internet and you will not get away with it.

 

[jmcrawf1]

Hypothetical here:

Guy manages to pull an officer's sidearm out of his holster and a struggle and battery ensues. Weapon is pointed at the officer during the struggle, even accidentally. Guy gets away.

Armed robbery, aggravated battery, or simple theft?

Disarming of a peace officer (14:34.6) and aggravated assault (14:37)

 

[Emperor]

Heyyyyyyy! You guys have the same avatar?

 

[JadeRaven]

Hypothetical here:

Guy manages to pull an officer's sidearm out of his holster and a struggle and battery ensues. Weapon is pointed at the officer during the struggle, even accidentally. Guy gets away.

Armed robbery, aggravated battery, or simple theft?

I think that would be disarming a peace officer or something like that.

edit - jmcrawf1 beat me to it

 

[TomTerrific]

Good luck and keep at it.

Remember the advice you receive on this forum is worth everything you had to pay to get it.

 

[Μολὼν λαβέ]

Heyyyyyyy! You guys have the same avatar?

Also, didn't know there was even a disarming a police officer law ont he books. Learned something new! :-D

 

[.45-70]

Best of luck.

 

[Cat]

Your plan is foiled! You typed your intentions on the internet and you will not get away with it.

Damn. I'm going to have to divorce him, sell his guns and boat and run off with the cabana boy after all.

 

[Μολὼν λαβέ]

I can't go into details, but there's supposedly going to be a printed list of this guy's "life history" sitting in front of me Monday. Sure do love my friends.

Easily found the name of all of his siblings, mom, dad, etc. online... The address in the OP is his mom's house.

 

[Emperor]

I can't go into details, but there's supposedly going to be a printed list of this guy's "life history" sitting in front of me Monday. Sure do love my friends.

Easily found the name of all of his siblings, mom, dad, etc. online... The address in the OP is his mom's house.

It sounds like you are planning a revenge mass murder. Cool!

Serioulsy, what are you going to do with that info? Have the cops formally arrested your ex-podnuh/assailant/robber for your complaint? And if not, why not?

 

[Μολὼν λαβέ]

It sounds like you are planning a revenge mass murder. Cool!

Serioulsy, what are you going to do with that info? Have the cops formally arrested your ex-podnuh/assailant/robber for your complaint? And if not, why not?

ROFL no mass murder, it's an information thing. I want to be 100% prepared for the meeting with the SGT next week. Will make his job a bit easier.

There has been no arrest (or at least questioning) because they didn't have the report filed correctly, did't have enough information from me, weren't following up, and didn't know where to find him.

 

[Emperor]

ROFL no mass murder, it's an information thing. I want to be 100% prepared for the meeting with the SGT next week. Will make his job a bit easier.

There has been no arrest (or at least questioning) because they didn't have the report filed correctly, did't have enough information from me, weren't following up, and didn't know where to find him.

Hmmmmmnnn! Initial incorrectly filed police report from weeks ago. Going over incompetent police officers heads. No evidence. Illegal aliens as witnesses. Shady story of robbery/trist with acquaintance/assailant/robber/ex-friend. BS members beating you like a drum/doubting your story.

Hmmmmmnnn, again!

Stick with murder plot.

 

[Μολὼν λαβέ]

Incorrectly filed police report? lol k. Incorrect would be NEGLECTING to file it, or lying... Unless you meant on the incompetent officer's neglect to file it correctly.

Going over incompetent officers' heads? Of course. If they don't do their job correctly, I will be sure that someone does.

No evidence? How many armed robberies DO have evidence barring surveillance footage?

Illegal immigrants? Again, lol k. Way to generalize, you bigoted jackass.

Shady story? To some who weren't there and just make broad generalizations (sound familiar?). Why the hell would I pursue such a shady story to this degree? Please tell me my motivation since you are all-knowing.

Members beating me like a drum? Might want to re-read the thread(s). There seems to be a split consensus.


Then you go and (albeit jokingly) advocate homicide. Great post, bro.






Edit: On second thought, maybe I took your post incorrectly. hell if I know... I'm half asleep at the moment and have had a logn ass day.

 

[Emperor]

Incorrectly filed police report? lol k. Incorrect would be NEGLECTING to file it, or lying... Unless you meant on the incompetent officer's neglect to file it correctly.

Going over incompetent officers' heads? Of course. If they don't do their job correctly, I will be sure that someone does.

No evidence? How many armed robberies DO have evidence barring surveillance footage?

Illegal immigrants? Again, lol k. Way to generalize, you bigoted jackass.

Shady story? To some who weren't there and just make broad generalizations (sound familiar?). Why the hell would I pursue such a shady story to this degree? Please tell me my motivation since you are all-knowing.

Members beating me like a drum? Might want to re-read the thread(s). There seems to be a split consensus.


Then you go and (albeit jokingly) advocate homicide. Great post, bro.






Edit: On second thought, maybe I took your post incorrectly. hell if I know... I'm half asleep at the moment and have had a logn ass day.

You did! No sweat! I know that experience really shook you up! The all knowing knows!

 

[Knave]

This is exactly what the officer told me. He stated that since the suspect DID use force and intimidation WHILE in control and/or in partial control of the weapon, it was clear-cut armed robbery. He asked me if the firearm was pointed at me at any time during the struggle (yes) and if the suspect said anything threatening to me (no) and then told me that because the firearm WAS int he suspect's control while the suspect was initiating a threatening / forcible act, it is armed robbery... Period.

But he didn't initiate the act while armed. He initiated the act unarmed - the act of grabbing the gun. The act of grabbing the gun is either a theft or a simple robbery, largely depending on the legal argument of "immediate control." It is no more an armed robbery than it is an attempted murder.



Anyway, all the eybrow-raises about your sequence of events aside (since that's already been beaten to death in the first topic, and like I said there at the end of the day whether you were in some way up to no good or not, the guy still probably deserves to be arrested for stealing and/or taking the gun and/or strong-arming it as payment for <insert contraband of choice> or whatever), and really I'm not trying to be a Debbie Downer or burst any bubbles, but it just isn't an armed robbery. It's maybe a simple robbery, or maybe a theft of a firearm, and either way it makes virtually no difference...and here's why:

Simple robbery is a felony with up to seven years. Theft of a firearm is a felony with no less than two years and no more than ten without probation, parole, or suspension of sentence. So for all your poopoo talking about the initial officer, the guy wrote your report with the worse charge, the charge that upon conviction would get the suspect at least two years in prison.

Instead, let me tell you what can/will happen now..

If and when the robbery detective hits up a judge at the bar who has had enough drinks to sign a warrant on this for armed robbery, they book the guy, prosecutors get it and facepalm, know they are going to have to plea it down to a simple robbery (at best), and will probably end up with..hm..I'd say maybe a year or two, if that, maybe the guy serves six months, credit for time served, etc, and he's out.

Let's pretend too that maybe robbery detectives are in a competitive division and that guys are waiting in the wings to take a detective spot from a guy that isn't clearing out cases. And let's pretend that they calculate the clearance stats at the end of the month...Now let's say a guy gets a phone call, hears a story with a known suspect that he is fairly confident he can quickly turn into a robbery warrant with the right judge signing. Presto, boost your robbery clearance rate. Maybe the theft detectives on the other hand got the initial report without the new information of who the guy is, so they couldn't get a warrant, and maybe the incident was low priority to them vs. others with higher clearance chance.

Again, not trying to be a Debbie Downer, just saying this is the kind of stuff that I've heard can be going on "behind the scenes."