Man Arrested For Drunken OC In Kenosha.

GJD · Jul 7, 2009

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There is a report in the Kenosha News about a man that was arrested at Kenosha's Harbor Fest OC'ing. He was found to be intoxicated and arrested. The police detained him for questioning solely for the fact of OC'ing. He consentedto a Breathalizer and blew a .19.I'll post the article when I can find an online link.

J.Gleason · Jul 7, 2009

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Great, Just what we need, an idiot leaving the impression that he represents us.

I searched every where and I could not find anything on this.

JG · Jul 7, 2009

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I read the Kenosha News On-Line every day and havent seen a thing on this. I believe if it were true there would be a big writeup on this. This is news.

GlockMeisterG21 · Jul 7, 2009

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I hope this is just a rumor. We really don't need this.

Chewy · Jul 7, 2009

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@GJD

Not doubting anything, just trying to find information.

When you say "in the Kenosha News" what do you mean? Where did you hear this exactly? Thanks for the information.

hugh jarmis · Jul 7, 2009

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He was found to be intoxicated and arrested. The police detained him for questioning solely for the fact of OC'ing. He consentedto a Breathalizer and blew a .19.

What is the precedent for "intoxicated"? For driving there is an established standard, but is there one for other things? I mean walking down teh street drunk is a crime but THAT is never enforced. Go to water street ANY friday night and you could make 100 arrests?

Also, why consent to a breathalyzer? Dumb. When you drive, refusal to take a brethalyzer is an automatic loss of your license, but the same does not apply to refusal to take a breathalyzer when you are walking around?

I'd make the police prove "intoxicated" by whatever "other" evidence they have.

Once again. NEVER talk to the police. NEVER consent to anything.

GJD · Jul 7, 2009

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I had the newspaper in my hand and read the article when I stopped by to help out my grandparents today. It was not a large write up, just a small couple of paragraphs on the side of the 3rd page or so of the front section, along with other police patrol updates.

It basically said that a Kenosha man was arrested at the Harbor Fest Sunday while open carrying a firearm. Police asked him why he was carrying and he said because it was his 2nd Amendment right. He consented to a breathalyzer, and blew a .19 and was subsequently arrested.

GlockMeisterG21 · Jul 7, 2009

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I wonder what they are going to charge him with. I would NEVER recommend doing so but I don't believe that drinking while armed is a crime. Perhaps public intoxication or something.

Birdhunter · Jul 8, 2009

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I believe that carrying a firearm while intoxicated in a Felony.

Doug Huffman · Jul 8, 2009

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Birdhunter wrote:

I believe that carrying a firearm while intoxicated in a Felony.

It is not possible to prove a negative assertion, that nowhere in Wisc. Statutes/Regulations is it made a felony to carry a firearm while intoxicated, without examining each one of ten thousand. Please IAW OCDO Rule 7)[sup]1[/sup] provide a citation.

Here I can show that it is a Class A misdemeanor.

941.20 Endangering safety by use of dangerous
weapon. (1) Whoever does any of the following is guilty of a
Class A misdemeanor:

[ ... ]

(b) Operates or goes armed with a firearm while he or she is
under the influence of an intoxicant; or

FN 1: http://opencarry.mywowbb.com/forum1/1.html

Nutczak · Jul 8, 2009

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If this individual did actually blow a 0.190, there is no denying he was obviously drunk.

Now if the policeapproached him by the firearm alone, he may have a chance of getting this charge tossed.
But I am fairly sure the police report will say it was his behavior that drew their attention, and the fiream was noticed after the fact.

hugh jarmis · Jul 8, 2009

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If this individual did actually blow a 0.190, there is no denying he was obviously drunk.

You'd be surprised. I have friends who are armed government agents who can tell you stories about stopping someone for speeding, smelling alcohol, asking them to step out, the person passes field sobriety tests BUT blows a rediculous number. It happens.

J.Gleason · Jul 8, 2009

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J.Gleason · Jul 8, 2009

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It would be interesting to find out just who this person is. I smell something sour. This never made any headlines, why not?This might very well be a Fabricated story made up by the police department.

Stranger things have happened.

I have still not found any information on this incident. I'm thinking it did not happen.

Shotgun · Jul 8, 2009

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Nutczak wrote:

If this individual did actually blow a 0.190, there is no denying he was obviously drunk.

Now if the policeapproached him by the firearm alone, he may have a chance of getting this charge tossed.
But I am fairly sure the police report will say it was his behavior that drew their attention, and the fiream was noticed after the fact.

If obviously drunk, then they'd have solid grounds to approach him. Wearing a gun around this state is certainly going to be interpreted by the police as an invitation to start a conversation at the very least. Police have enough experience with the signs of intoxication to recognize them without a breathalyzer. Yes, it was inadvisable to consent to the breathalyzer, but his judgment was impaired at the time he consented-- further evidence that he should not have been armed. If one is not in a mental state that facilitates making a well-reasoned legal decision (such as consenting to the breath test) then one certainly is not in a proper mental state to make a decision about the use of a firearm. Bottom line-- do NOT drink and carry.

I made a quick check of charges filed within the last few days in Kenosha County. Didn't see anything that seemed related to the reported incident-- yet. It would be helpful to know the arresting agency.

J.Gleason · Jul 8, 2009

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Would have be either the City of Kenosha PD or the Kenosha County SO and I can find no information on this incident through either

GlockMeisterG21 · Jul 8, 2009

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Maybe they just dropped him off at home, detox, or something. If they didn't arrest or charge him then I don't think there would be a record of it.

J.Gleason · Jul 8, 2009

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Maybe he was an off duty police officer?

GlockMeisterG21 · Jul 8, 2009

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J.Gleason wrote:

Maybe he was an off duty police officer?

:shock: I didn't think of that...

Makes sense.

Shotgun · Jul 8, 2009

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Unlikely that an off-duty officer would OC. More than likely that the DA hasn't decided about the charges since it's probably not your everyday sort of offense. I did find a number of disorderly conduct charges so there's no way of knowing if any of those cases are "our boy." But if it is he should consider himself lucky if that were the only charge. It's possible that the police just gave the individual a ride home or to detox, but then it probably wouldn't make the paper. Those would be some very forgiving service-minded police if that were true. Almost like Otis locking himself into his cell in Mayberry.

Man Arrested For Drunken OC In Kenosha.

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