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Thread: Not Helping Our Cause

  1. #1
    Campaign Veteran XD-GEM's Avatar
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    From the TimesPicayune: http://www.nola.com/timespic/stories...xml&coll=1



    Armed man in Nazi garb arrested

    He is booked with attempted murder
    Wednesday, November 19, 2008

    By Allen Powell II
    A Westwego man found walking down the street in a German Nazi uniform and carrying a high-powered rifle was arrested after he told police he was on his way to kill his sister's next-door neighbor.

    Devin Plaisance, 39, of 511 DuMonde St., was booked with attempted first-degree murder Monday and is in custody at the Jefferson Parish Correctional Center with bond set at $76,000.

    Plaisance was arrested Nov. 10, but was taken to West Jefferson Medical Center for psychiatric evaluation before being booked, said Westwego Police Chief Dwayne "Poncho" Munch Sr.

    Plaisance was taken into custody after a patrol officer spotted him walking in the 700 block of Avenue F on Nov. 10 shortly before 10:30 p.m. Plaisance was clad in a Nazi infantry uniform, complete with helmet, and carrying a rifle that used 8 mm Mauser cartridges, Munch said. Evidence of target practice at Plaisance's home showed that a shot from the rifle could pierce brick walls.

    "It would go right through (a) vest," Munch said. "If (Plaisance) fired a round and hit one of our officers, it would have gone right through the vest."

    The responding officer called for backup and four Westwego officers armed with assault rifles took Plaisance into custody without incident, Munch said.

    Plaisance, who appeared intoxicated, according to police, told officers he was on his way to a home on Avenue D to kill an elderly man living there. Plaisance and the elderly man had argued about animals being kept at the home of Plaisance's sister, and the elderly man pushed Plaisance out of the door of his home, Munch said. Plaisance did not explain why he wore the uniform, although he said he collects German memorabilia.

    Munch said Plaisance was booked with attempted murder based on evidence that he developed a plan to kill someone and was in the process of carrying it out when he was captured by police. Because the intended victim was elderly, the charge was bumped up to attempted first-degree murder from attempted second-degree murder.

    Plaisance was captured about five blocks from the intended victim's home and his pockets were filled with ammunition, the chief said.

    Munch called the case and the suspect one of the strangest things he has seen in quite some time in the city.

    . . . . . . .

    Allen Powell II can be reached at apowell@timespicayune.com or 504.826.3793.


    If this is all there is to the story, a good lawyermight be able to get this guy's case tossed. State v. Fluker and State v. Ferrand together say that OC is legal and that it is not probable cause for a stop. However, the Nazi uniform and the allegation of public intoxication may change this - also the fact that the guy told the cops he was going to kill someone. There is most certainly more to this than the news article presents, and credit needs to be given to the Westego cops for not simply shooting this guy on sight.

    I'm not holding this guy up as an example to imitate (I think he needs a psych exam), but I do believe that this case can and likely will be used by people opposed to legal OC. Also note the emphasis in the article on the "high powered" rifle that shoots "8mm Mauser" rounds and can penetrate a police officer's bullet-resistant vest. Most people don't realize that just about any rifle round will penetrate the type of vest most officers wear - those vests are generally designed to protect against handgun rounds. LEO rarely wear the heavy duty combat vests that military wears in Iraq.




  2. #2
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    The point that I don't understand is what does wearing a nazi uniform have anything to do with it. Suppose he was stark naked except for an ammo belt. Would that be an extra charge and why is an eldery person's life more valuable than a middle-aged person.

    I will admit that the fellow was probably drunk and psycho but all this other stuff is BS.

  3. #3
    Campaign Veteran XD-GEM's Avatar
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    PT111 wrote:
    The point that I don't understand is what does wearing a nazi uniform have anything to do with it. Suppose he was stark naked except for an ammo belt. Would that be an extra charge and why is an eldery person's life more valuable than a middle-aged person.

    I will admit that the fellow was probably drunk and psycho but all this other stuff is BS.

    I think reporters call that a"hook." A story called "Gunman Arrested" isn't as interesting as "Gunman Wearing Nazi Uniform Arrested."

    And, strictly speaking, being stark naked is not against the law in Louisiana - it just makes concealed carry that much more difficult.


    (edited for spelling)

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    Regular Member sraacke's Avatar
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    Because the intended victim was elderly, the charge was bumped up to attempted first-degree murder from attempted second-degree murder.
    I have to question this also. What in the world is this about? Bumping off a old fart is worse than knocking off someone who's middle aged? Did the AARP somehow push this through? :?
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  5. #5
    Regular Member sraacke's Avatar
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    XD-GEM wrote:
    And, strictly speaking, being stark naked is not against the law in Louisiana -
    I think they'd make a special law in my case. Probably a felony.

    :what:
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    Campaign Veteran XD-GEM's Avatar
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    RS 14:106

    ยง106. Obscenity


    A. The crime of obscenity is the intentional:


    (1) Exposure of the genitals, pubic hair, anus, vulva, or female breast nipples in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive.
    <SNIP>

    I guess you mean he falls under the section in bold underline above.

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    And, strictly speaking, being stark naked is not against the law in Louisiana - it just makes concealed carry that much more difficult.
    How about if you cover it with a fig leaf like Adam and Eve or geta very wide ammo belt. Hard to conceal a rifle even fully clothed.


  8. #8
    Campaign Veteran XD-GEM's Avatar
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    PT111 wrote:
    Hard to conceal a rifle even fully clothed.

    [MAE WEST] Is that a rifle in your pocket or are you just happy to see me?[/MAE WEST]

  9. #9
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    As for old folks.....they for the most part are considered fragile and an easy take. Thus the higher charge.

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