SGT Jensen wrote:
Possibly. Since cops are exempt from weapon laws, he could not be charged with threatening or carrying while intoxicated.
The thing that sucks is that it sounds like this LEO needs a stiffer penalty that what he will be receiving. Disorderly conduct in only an infraction.
Do you happen to know the officer's name, or department he works for?
Hey Jensen, bumped into you over at another forum, *Ahem*, and you directed me here awhile back. Glad to see you.
I spoke with the victim's service people who are handling the case earlier today and touched base with them about all the questions I've brought up here.
Roughly, since at the time of his testing his BAC was not considered the legal limit (He blew a .02 over an hour after the incident), they wouldn't charge him with carrying while intoxicated. So, the statute (Utah Code Section 41-6a-502b) I brought thinking it was a loophole for the lack of BAC wasn't in consideration. However, they informed me that if he had blown a .08 or higher that they could've charged him with the crime.
Utah Code Section 76-10-506 regarding brandishing. They explained that just reaching for the gun, regardless if he was screaming at everyone or not, is not considered brandishing.
Yes, I know the officer's name and, yes I know which department he works for. Arraignment is coming up so, we'll see what happens with that.
Unfortunately, the disorderly conduct was lowered from a class C misdemeanor to an infraction.