bigdaddy1
Regular Member
imported post
Bicyclist pointing gun not charged
By Associated Press
Posted: May. 15, 2009
Racine - A Racine bicyclist who pulled out his revolver to scare off a group of teens during an apparent robbery attempt won't be charged.
The man, 42, told police he was riding his bicycle May 1 when four teens knocked him off and seemed to be trying to rob him, so he pulled out the revolver he was carrying in a side holster, pointed it up and yelled, "Gun."
The teens fled, and he flagged down a police officer.
The man, who asked not to be identified, was treated at the scene for a wrist injury. Police escorted him home and returned his gun to him.
Racine County District Attorney Mike Nieskes sent him a letter Friday, saying he wouldn't be charged, even though he was violating a law by carrying a gun within 1,000 feet of a school.
"I have decided it would not be in the greater interest of justice in the community to charge you with violation of Wisconsin Statute regarding gun free zones," Nieskes wrote.
Nieskes noted that the man has no criminal record, and there was no showing of irresponsible use of the firearm.
He also cited a recent memo issued by Wisconsin Attorney General J.B. Van Hollen that people have a constitutional right to openly carry firearms, as long as they aren't violating restrictions set in other laws. But Van Hollen also said police have the right to check anyone openly carrying a gun.
Bicyclist pointing gun not charged
By Associated Press
Posted: May. 15, 2009
Racine - A Racine bicyclist who pulled out his revolver to scare off a group of teens during an apparent robbery attempt won't be charged.
The man, 42, told police he was riding his bicycle May 1 when four teens knocked him off and seemed to be trying to rob him, so he pulled out the revolver he was carrying in a side holster, pointed it up and yelled, "Gun."
The teens fled, and he flagged down a police officer.
The man, who asked not to be identified, was treated at the scene for a wrist injury. Police escorted him home and returned his gun to him.
Racine County District Attorney Mike Nieskes sent him a letter Friday, saying he wouldn't be charged, even though he was violating a law by carrying a gun within 1,000 feet of a school.
"I have decided it would not be in the greater interest of justice in the community to charge you with violation of Wisconsin Statute regarding gun free zones," Nieskes wrote.
Nieskes noted that the man has no criminal record, and there was no showing of irresponsible use of the firearm.
He also cited a recent memo issued by Wisconsin Attorney General J.B. Van Hollen that people have a constitutional right to openly carry firearms, as long as they aren't violating restrictions set in other laws. But Van Hollen also said police have the right to check anyone openly carrying a gun.
