Got accused of Reckless Endangerment by an LEO...

gogodawgs · Feb 24, 2011

Metalhead47 said:
If the "deputy" was acting as a security guard, could he still just walk/skate away? As a guard, he would have authority to eject the OP.

Yes, he could.

The 'guard' would not have that authority. The IcePalace is a publicly owned facility.

http://spokaneriverfrontpark.com/index.php/RFP/page/362/

Thor80 · Feb 24, 2011

country.hacker said:
(I know the "FREEEDOMMM" thing to do is ask if you're being detained, if not then walk away, if yes then give nothing but name and address). Depending on some answers I get here I'm totally going back some evening and making a stand when I don't have my wife or kids with me.

There's a few of us here in Spokane, I wouldn't call it a "stand" but if you wanna few guys to exercise your rights with I'm sure some of us could make it.

TL: DR version: Ice Palace security who are also cops rudely told me I couldn't skate while open carrying because it was reckless endangerment.

So with this train of thought you cant skate while CC'ing either because if you fell your gun still "MIGHT" go off.... That's some great logic on his part....

-Torsten

Trigger Dr · Feb 24, 2011

amlevin said:
You wouldn't be implying that they might be guilty of threatening someone with arrest if they continued to go about a legal activity would you? Kind of like "Coercion"? (also a violation of State Law)

I don't think that I would ever "imply" that. I would rather just say it outright.

irfner · Feb 24, 2011

It may be a pain but file the complaint. It is very important this 'officer' be put on notice your action was lawful and his were not.
irfner

deanf · Feb 24, 2011

To really understand your risk of an arrest for Reckless Endangerment, you need to read the standard jury instructions for the state RCW and the City code for the crime of Reckless Endangerment. It will explain all the elements of the crime the State would need to prove.

Do the research. You can find this information.

Your conduct leaves nothing to be desired. You were unsure, and you had your family with you. No big whoop.

Ajetpilot · Feb 24, 2011

deanf said:
To really understand your risk of an arrest for Reckless Endangerment, you need to read the standard jury instructions for the state RCW and the City code for the crime of Reckless Endangerment.

Are you talking about the Pattern Jury Instructions?

http://tinyurl.com/4l3eyz7

ETA: Stupid links. Bing WA Pattern Jury Insturcutions. Look for WPIC CHAPTER 35. Assault and Reckless Endangerment

Ajetpilot · Feb 24, 2011

WPIC 35.33 Reckless Endangerment—Elements

To convict the defendant of the crime of reckless endangerment, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about __________, the defendant acted recklessly;
(2) That such reckless conduct created a substantial risk of death or serious physical injury to another person; and
(3) That this act occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.

I don't think skating with a firearm satisfies element (2).

marshaul · Feb 24, 2011

amlevin said:
With all these picnics and skating events that are in our future we all ought to consider getting some good old fashioned "Texas Barbecue Guns" like one of these:

And don't forget the rest of the "rig" to go with it. Fancier the better.

That is one sweet hi-power.

Gunslinger · Feb 24, 2011

marshaul said:
That is one sweet hi-power.

If you're a pimp. I like mine just the way FN made it back in '69.

In no way would reckless endangerment fly. If a 1911 goes flying into space, and is a series 80, it cannot discharge. If a series 70, highly doubtful. Someone says he's a cop, demand his ID immediately. File a complaint for this ahole's abusive language. He committed the crime of disorderly conduct, under WA statutes, in his action. Make that clear in your complaint. Even if he was a cop, he cannot break the law.

RCW 9A.84.030
Disorderly conduct.

(1) A person is guilty of disorderly conduct if the person:

(a) Uses abusive language and thereby intentionally creates a risk of assault;

(b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;

(c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or

(d)(i) Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred feet of:

(A) The location where a funeral or burial is being performed;

(B) A funeral home during the viewing of a deceased person;

(C) A funeral procession, if the person described in this subsection (1)(d) knows that the funeral procession is taking place; or

(D) A building in which a funeral or memorial service is being conducted; and

(ii) Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service.

(2) Disorderly conduct is a misdemeanor.

Deanimator · Feb 24, 2011

marshaul said:
That is one sweet hi-power.

I remember those from "Shooter's Bible" when I was a kid in the '60s. I believe that was called the "Renaissance" grade. That's a newer MkIII gun. Apparently they've continued making them at least relatively recently.

marshaul · Feb 24, 2011

Gunslinger said:
If you're a pimp. I like mine just the way FN made it back in '69.

I didn't say I would OC the thing. I just said it was sweet.

Beautiful: http://forums.1911forum.com/showthread.php?t=165986

j2l3 · Feb 24, 2011

If they actually believed you were guilty of reckless endangerment, why didn't they arrest you?

Because they were blowing smoke and they knew it.

Jeff Hayes · Feb 24, 2011

I agree with Bennie on the skating party, when? BTW I am not skating.

Jeff Hayes · Feb 24, 2011

NavyLT said:
Especially since someone would be pulling NavyLT around on a runner sled!

NavyLT oviously you dont know these guys if they get you on a sled they will play crack the whip with you, dont do it.

bushwacker · Feb 24, 2011

and if he is not a cop then get him for impersonating an officer or the law ...thats a felony but if he is and he has it out for you and next time you skate with your gun and you slip and fall to where your gun is now pointing at someone just momentarly eventho it is still in the holster, He might be chickens**t enough to charge you with a felony. to go back by yourself and push your poistion will only look like you are troublemaking , the oc skating party would be the best way to return in stance of your rights this way you can have the experence of oc'ers at hand backing you. not to mention witnesses and recordings

JoeSparky · Feb 24, 2011

The "officer" will claim that the encounter was consensual in that you went to him when he waved you over.... Not that this justifies his actions per your report afterward!

amlevin · Feb 24, 2011

bushwacker said:
you slip and fall to where your gun is now pointing at someone just momentarly eventho it is still in the holster, He might be chickens**t enough to charge you with a felony.

That's a bit of a stretch. Since when can a holstered gun, without a hand on it, be "pointed at anyone" in such a manner that it could warrant any such charge? If this were the case most shoulder holsters, something used by a lot of police officers, would be outlawed.

I agree that there are some out there that are "chicken$h!t" but I doubt that they are that stupid.

G20-IWB24/7 · Feb 24, 2011

"While you're on the subject of defining laws, Officer, could you explain to me the requirements for Deprivation of Rights under Color of Law??? 'ppreciate it..."

G20-IWB24/7 · Feb 24, 2011

Gunslinger said:
RCW 9A.84.030
Disorderly conduct.

(1) A person is guilty of disorderly conduct if the person:

SNIP>>> (d)(i) Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred feet of:

(A) The location where a funeral or burial is being performed;

(B) A funeral home during the viewing of a deceased person;

(C) A funeral procession, if the person described in this subsection (1)(d) knows that the funeral procession is taking place; or

(D) A building in which a funeral or memorial service is being conducted; and

(ii) Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service.

(2) Disorderly conduct is a misdemeanor.

I'll have to keep that in-mind. Thanks!

turbodog · Feb 24, 2011

END_THE_FED said:
You were under no obligation to show ID, or to put your gun in the car. That being said you had other obligations that demanded your energy and attention that night. Sometimes we have to pick our battles, or at least postpone them to a more convenient time.

Exactly right brother! Glad to see someone who's willing to speak realistically rather than with any of that "cold dead hands" crap. Pick your battles. Amen.

Back to topic, you should pursue a complaint against these guys Country.Hacker. They were imposing their (profanity laced) opinion on a citizen under color of law.

Got accused of Reckless Endangerment by an LEO...

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