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Member |
Fact situation is this: routine traffic stop, officer is parked behind the car he stopped. Car reverses intentionally and hits the officer's car. Guy gives bogus statement to officer about what really happened (claims officer is at fault). No bodily injury to the officer at all. I'm seeing a criminal mischief and maybe an attempted assault. What am I missing? | ||
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Member |
If you really want to go after it, you could charge an intentional threat with a deadly weapon and make Agg Assault on Pub Servant. You say it was intentional, so I'm guessing you have some evidence to suggest what the defendant was trying to do; was he attempting to injure the officer, disable the car, or what? | |||
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Member |
Wes, thanks for the reply. The intent does not appear to be injury to the officer or disabling the vehicle, necessarily. It looks like she's trying to blame the officer for striking her. I assume she thought this would focus the stop away from her; a little extreme if you ask me! | |||
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Member |
I seem to recall an intelligence bulletin going around sometime back about this technique. It is intended to set off the airbag and thus distract the officer and prevent a pursuit as the violator flees. I can�t recall the source of the bulletin. Wes is correct. Depending on the officer�s position in the vehicle at the time, the deployment of the airbag is capable of causing serious bodily injury; i.e. eye injury (clipboard to the face), broken hand or fingers if on the steering wheel, etc. | |||
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Member |
What was the extent of the damage to the patrol car? Was it just a tap or more serious than that? Is it captured on videotape? If it was just a tap, I do not think a second degree felony charge would be appropriate. | |||
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