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Little-Acorn
08-20-2012, 06:04 PM
Some guy went out jogging in Martinsburg, WV in military-looking camouflage clothing, with a rifle slung across his chest. Cops came down on him, busted him, threw him in jail, and got arrest warrants for him. He's still in jail now, facing $50,000 bail.

The kicker?

It was a toy gun. Complete with bright orange plastic tip on the barrel. It shoots little plastic pellets about as harmful as ping-pong balls... only smaller and lighter.

Yet the cops still treated him like the next movie-theater shooter... and they are STILL treating him that way. They searched his apartment, saying they were looking for explosives... even after finding out that the gun was fake. (No explosives were found.)

Oh, and he was "near a school".

Get a map of any normal residential area sometime, and try to find any location that is not "near a school".

The military-style clothing had ceramic plates in some pockets, so (according to the article) they have charged him with "being a person prohibited from committing a violent crime while wearing body armor".

Please correct me if I'm wrong, but aren't ALL persons "prohibited from committing a violent crime"?

If Martinsburg, WV has a law against "being a person prohibited from committing a violent crime while wearing body armor", doesn't this mean simply that everyone is forbidden to wear body armor? Ever?

Frankly, this sounds to me like the cops completely blew it - they went off half-cocked and arrested a guy, only to find he wasn't doing anything wrong at all. And rather than letting him go with a sheepish apology, they started scrambling to find something - ANYTHING - they could pretend he was doing "wrong". There are now five (count them, FIVE) different law enforcement agencies involved in the "case". They have even charged him with TERRORISM, because jogging with a toy gun might have scared somebody somewhere! Somebody more ignorant than cops are normally expected to be, I gather... other than the cops in Martinsburg, WV.

In fact, I have to wonder if this guy did it, simply for the purpose of provoking the local cops into freaking out and acting like complete jackasses.

He succeeded.

Not only did the cops swallow it hook, line, and sinker, so completely that now they can't let it go... but even the newspaper article writer fell for it too. In the article he keeps referring to the toy gun as an "AR-15 training rifle". He never once refers to the actual brand (Airsoft), nor does he ever mention that it was a toy, used in various games, firing small plastic pellets weighing 1/100 of an ounce or less - about as much as a medium-sized snowflake.

------------------------------------------------

http://www.journal-news.net/page/content.detail/id/583351.html

Body armor-wearing man apprehended near Martinsburg schools Monday morning

August 20, 2012
By Edward Marshall - staff writer (emarshall@journal-news.net) , The Journal

MARTINSBURG - A man wearing body armor and armed with an AR-15 training rifle, two knives and several unloaded magazines was arrested today after he was seen running in the area of Bulldog Boulevard, police said.

At about 7:17 a.m., the Martinsburg Police Department received several calls in regards to an individual running and carrying a rifle near the area of Bulldog Boulevard and Raleigh Street in Martinsburg.

"One of our primary concerns was that he was sighted in the general proximity or area of the high school on Bulldog Boulevard and we also believe that's what generated a lot of calls," Detective Lt. G.B. Swartwood said.
Article Photos

http://www.journal-news.net/photos/news/md/583351_1.jpg

Officers responded to the scene and located the man, later identified as 23-year-old William Everett Alemar, of South Raleigh Street, near the intersection of Silver Lane and Raleigh Street. When Patrolman M. Jones, Patrolman C.M. Richmond and Patrolman First Class E. Herb encountered the individual, he was dressed in full military desert camouflage and a ballistic vest and with what appeared to be an assault rifle across his chest, police said.

All three officers engaged Alemar at gunpoint and ordered him to his knees to be taken into custody.

"The subject was then ordered to lie prone on the ground and the officers secured his weapon an AR-15(M-4) training rifle. The suspect also had two knives and several unloaded magazines, (and) his ballistic vest also contained ceramic panels to make it more bullet resistant," a police news release said.

Swartwood said the A-R 15 training rifle Alemar was found with fires small pellet projectiles and is used for training purposes, but looks exactly like a real AR-15.

"It's heavy and it looks completely just like an AR-15 other than that red tip on it," Swartwood said.

Alemar was handcuffed and brought to the Martinsburg Police Department. He said he was out running and jogging with his gear on, police said.

All of his accouterments and camouflage were photographed upon his person and seized as potential evidence.

After consulting with the Berkeley County Prosecuting Attorney's Office, Alemar was charged with "committing a terroristic act under 61-6-24 subsection (b) and subsection (d) of the West Virginia State Code," police said.

"With him being in that proximity, in that area of the school, we believed that he was causing a significant threat with his actions and his gestures by his own choosing," Swartwood said.

A terrorist act is defined under state code as an act that is likely to result in serious bodily injury or damage to property or the environment; intended to intimidate or coerce the civilian population; influence the policy of a branch or level of government by intimidation or coercion; affect the conduct of a branch or level of government by intimidation or coercion; or retaliate against a branch or level of government for a policy or conduct of the government.

sundaydriver
08-20-2012, 06:54 PM
With him being in that proximity, in that area of the school, we believed that he was causing a significant threat with his actions and his gestures by his own choosing," Swartwood said.


Seems about right to me. Do you consider this not suspicious?

Little-Acorn
08-20-2012, 08:18 PM
With him being in that proximity, in that area of the school, we believed that he was causing a significant threat with his actions and his gestures by his own choosing," Swartwood said.


Seems about right to me. Do you consider this not suspicious?

It was a toy gun.

gabosaurus
08-20-2012, 08:49 PM
It was a toy gun.

Was it a realistic toy gun? And who goes jogging in military style camouflage clothing while carrying something that resembles a weapon these days?
The guy is an idiot and deserves what he got.

Tyr-Ziu Saxnot
08-20-2012, 09:11 PM
Was it a realistic toy gun? And who goes jogging in military style camouflage clothing while carrying something that resembles a weapon these days?
The guy is an idiot and deserves what he got.

Dont know why the guy did that but he did prove that the cops are about as smart as a box of rocks. Maybe he set out to do just that! Toygun is what? Now the same as a real gun? Going to seek to ban all toy guns nationwide, is that what bamboy and crew are after? Only thing I see in this story is the knives , if they are real maybe he violated some law there, all the rest is typical bullshat over reaction from idiots! The government forces the border open to let in tens of thousands of criminals yet nails a man for running carrying a toy gun! Sounds about right for liberal dumbass thinking to me! Whats next to be banned ,gun talking?-Tyr

logroller
08-20-2012, 09:15 PM
With him being in that proximity, in that area of the school, we believed that he was causing a significant threat with his actions and his gestures by his own choosing," Swartwood said.


Seems about right to me. Do you consider this not suspicious?
Suspicious, yes. Criminal, no!


And who goes jogging in military style camouflage clothing while carrying something that resembles a weapon these days?.
The kind of people who express their constitutionally protected rights.

gabosaurus
08-20-2012, 10:24 PM
Let's suppose your kids are out playing in a park and an older guys walks up dressed on in tight shorts. He offers your kids candy and starts talking to them about sex. Obviously he has a right to walk around your neighborhood wearing shorts. There is no law against giving out candy and talking about sex. It's protected speech.
But I guarantee that anyone who sees what is going on is going to call police. Because they believe something about the situation is not right.
In this era of kooks running around shooting people for any reason they choose, if I see a guy running around in military style garb and carrying what appears to be a weapon, I am going to call the police.

logroller
08-20-2012, 10:41 PM
Let's suppose your kids are out playing in a park and an older guys walks up dressed on in tight shorts. He offers your kids candy and starts talking to them about sex. Obviously he has a right to walk around your neighborhood wearing shorts. There is no law against giving out candy and talking about sex. It's protected speech.
But I guarantee that anyone who sees what is going on is going to call police. Because they believe something about the situation is not right.
In this era of kooks running around shooting people for any reason they choose, if I see a guy running around in military style garb and carrying what appears to be a weapon, I am going to call the police.

There's nothing wrong with alerting authorities to suspicious behavior. The OP is most definitely suspicious, but it lacks probable cause for arrest. they just trumped up this terrorist charge so they get him to plea to a lesser charge and beef up their conviction rate to make it look good. The guy was no threat; maybe he is testin response times or some such, the police are right to keep track of him, but all he did was look scary-- that's not a crime.

gabosaurus
08-20-2012, 11:12 PM
In reading through the news story again, this doesn't exactly sound like a "toy gun" to me.

"The subject was then ordered to lie prone on the ground and the officers secured his weapon an AR-15(M-4) training rifle. The suspect also had two knives and several unloaded magazines, (and) his ballistic vest also contained ceramic panels to make it more bullet resistant," a police news release said.
Swartwood said the A-R 15 training rifle Alemar was found with fires small pellet projectiles and is used for training purposes, but looks exactly like a real AR-15.
"It's heavy and it looks completely just like an AR-15 other than that red tip on it," Swartwood said.

Also:

A terrorist act is defined under state code as an act that is likely to result in serious bodily injury or damage to property or the environment; intended to intimidate or coerce the civilian population; influence the policy of a branch or level of government by intimidation or coercion; affect the conduct of a branch or level of government by intimidation or coercion; or retaliate against a branch or level of government for a policy or conduct of the government.

logroller
08-20-2012, 11:30 PM
In reading through the news story again, this doesn't exactly sound like a "toy gun" to me.

"The subject was then ordered to lie prone on the ground and the officers secured his weapon an AR-15(M-4) training rifle. The suspect also had two knives and several unloaded magazines, (and) his ballistic vest also contained ceramic panels to make it more bullet resistant," a police news release said.
Swartwood said the A-R 15 training rifle Alemar was found with fires small pellet projectiles and is used for training purposes, but looks exactly like a real AR-15.
"It's heavy and it looks completely just like an AR-15 other than that red tip on it," Swartwood said.

Also:

A terrorist act is defined under state code as an act that is likely to result in serious bodily injury or damage to property or the environment; intended to intimidate or coerce the civilian population; influence the policy of a branch or level of government by intimidation or coercion; affect the conduct of a branch or level of government by intimidation or coercion; or retaliate against a branch or level of government for a policy or conduct of the government.

Doesnt sound like a lethal weapon either. I've seen some women jogging in my neighborhood that I found intimidating. :hubba:



They were in burkas. :laugh2:

Little-Acorn
08-20-2012, 11:52 PM
Dont know why the guy did that but he did prove that the cops are about as smart as a box of rocks. Maybe he set out to do just that!

See the fourth paragraph from the end of my comments in the OP.

In this case the cops were the idiots.

They got some calls about a guy jogging with what appeared to be a weapon. They should have gone to check it out, an immediately noticed the orange tip on the gun. Maybe they should ask to see the "gun", and then spot immediately that it was an airsoft. Also talk to the guy a little and see if he was acting furtive or weird - personal contact can tell you a lot. Then say, "Thank you, sir, have a nice day", and left. And if they get any more calls, they can just tell the caller that they checked it out, the guy is all right, it's just a toy gun, there's no problem.

And if the subsequent callers persist and insis the cops "do something", the cops should repeat that it's no problem, they've already talked to the guy etc.

And if they still persist, the cops should forward the call to a secretary who is so busy that somehow she never sets around to picking up the phone. Standard procedure.

Cops aren't the only ones who can be idiots. But this time they were they prize ones... and still are, from what the article was saying.

Nothing wrong with jogging with an Airsoft. If someone gets worried, it can be handled easily and with mellowness.

This time it wasn't. But that's not the jogger's fault.

CSM
08-21-2012, 06:17 AM
Wow; "It's heavy and it looks completely just like an AR-15 other than that red tip on it," Swartwood said." I guess now one of the criteria in determining if a firearm is an assault weapon will be the weight of the firearm. Of course, those who know absolutely nothing about firearms will be bleating "... but it's scarey!" He was in the proximity of a high school (so they say) but I bet he was further away than the law specifies. Speaking of high schools, if you have to be afraid of something you should be afraid of the nest of liberals teaching at that high school; especially the ones afarid of toy guns.

I will also tell you that a lot of National Guard guys around here run on the streets with their full gear on. They try to stay in shape for various requirements levied by their units. Yes, they wear their vests with ceraqmic plates, etc. Scarey, huh?

PostmodernProphet
08-21-2012, 07:12 AM
It was a toy gun.

no it wasn't....and you also neglect the OP said he was carrying two knives......do you really think this guy was just out for a run?.....

CSM
08-21-2012, 07:25 AM
no it wasn't....and you also neglect the OP said he was carrying two knives......do you really think this guy was just out for a run?.....


Yes ... it is. There is no such thing as an AR-15 "traiining rifle". What is shown in that picture is an AIRSOFT PAINTBALL GUN. Additionally, I don't know the laws in WV but around here, knives are not illegal to carry. Also, I ceratainly DO think the guy was just out for a run and I even understand WHY he might think he needs to do that. It is not something I would do but I understand it.

CSM
08-21-2012, 07:33 AM
"Airsoft (http://www.debatepolicy.com/wiki/Airsoft) guns are replica firearms that fire plastic pellets (http://www.debatepolicy.com/wiki/Airsoft_pellets) by way of compressed gas or electric and/or spring-driven pistons. Depending on the mechanism driving the pellet, an airsoft gun can be operated manually or cycled by either compressed gas such as Green Gas (propane and silicone mix) or CO2, or by compressed air via a spring or an electric motor pulling a piston. All these products are designed to be non-lethal and to provide realistic replicas."

http://en.wikipedia.org/wiki/Airsoft_gun

Furthermore:

http://www.airsoftatlanta.com/

It is true that the Army had a pilot program using Airsoft guns to train soldiers but it was cancelled because the airsoft guns were not "realistic" enough to train soldiers. Airsoft guns are used all over the world for recreational purposes. There have been NO reported deaths where Airsoft guns were used (that I know of. I am sure some fanatic poster here will dig up some obscure story about somebody being bludgeoned to death by an airsoft ...)

cadet
08-21-2012, 08:51 AM
I go jogging in my military stuff all the time. Who's to say he wasn't going out for a nice game of paintball with the buddies, and didn't feel like driving? I didn't see anything regarding his side of the story. Sounds to me like a bunch of stubborn morons to high and mighty to admit they're wrong.

Also, I'm pretty sure the main reason for the orange tip, is to show that it's fake. duh.

Speaking of all this, my little brother got detention for bringing a couple of those small green plastic toy soldiers, Because it had something that "represented a gun."

Tyr-Ziu Saxnot
08-21-2012, 09:15 AM
In reading through the news story again, this doesn't exactly sound like a "toy gun" to me.

"The subject was then ordered to lie prone on the ground and the officers secured his weapon an AR-15(M-4) training rifle. The suspect also had two knives and several unloaded magazines, (and) his ballistic vest also contained ceramic panels to make it more bullet resistant," a police news release said.
Swartwood said the A-R 15 training rifle Alemar was found with fires small pellet projectiles and is used for training purposes, but looks exactly like a real AR-15.
"It's heavy and it looks completely just like an AR-15 other than that red tip on it," Swartwood said.

Also:

A terrorist act is defined under state code as an act that is likely to result in serious bodily injury or damage to property or the environment; intended to intimidate or coerce the civilian population; influence the policy of a branch or level of government by intimidation or coercion; affect the conduct of a branch or level of government by intimidation or coercion; or retaliate against a branch or level of government for a policy or conduct of the government.

^^^^^ Wouldnt that be two black guys standing in front of a voting station in military garb with a nightstick, glaring and talking trash to white people coming in to vote? Sure it would! Say what did your hero obama and his boy do about that? Thats right they said, go ahead do it some more New Black Panthers, we got your back!! Do you see anything wrong with that?-Tyr

jimnyc
08-21-2012, 09:19 AM
My take - I have no problem at all if they come towards the man as if it was a serious event, and to be as a cautious as possible. But once everyone is safe, make a decision based on common sense. If what he was carrying was within the law, explain to him why he was stopped in the manner in which he was, maybe give him some advice, and he should be free to go. But do we all know for sure the regulations and codes in the jurisdiction this took place? I know where I live, air guns are highly illegal, as are even slingshots, and the majority of knives cannot be carried around.

red state
08-21-2012, 09:21 AM
Liberals are idiots and I HIGHLY suggest anyone who is of conservative thinking move to a conservative area. Over time, HOPEFULLY, all the idiots will be in the blue states and the successful/intelligent/patriots will live in RED STATES. Only flaw with this is that the RED STATES will have to support or bail out the Blue ones.

There is always two sides to every story but I've always found cops to be lazy idiots and simply a long arm of big sis....not the law. But in putting myself in this situation and if I saw the guy jogging down the road (in the heat) wearing all that stuff, I'm gonna simply roll up my boot leg or go inside and get something more powerful. HA! If he's jogging by my kid's school, I MIGHT slow down or pull over and make sure he keeps jogging. If he turns in to my girl's school, I'll simply pull in and talk to the principle until the guy leaves or until the principle has had time to respond. Cops are usually useless and should be left to their main duties.....eating doughnuts and issuing tickets to folks trying to get back and forth to work. God forbid that they go to the joints where drugs, prostitution and other illegal activities are going on. In New Orleans, they wait till a gun fight has ceased before going in and responding to complaints...if they go at all! Corrupt cowards there in New Orleans (a liberal part of the South). So...again, hopefully we can one day get the trash where it belongs and invite quality folks to take the place of the trash that we can hopefully get rid of. Why any Conservative would live in or near the Cess Coast is beyond me.

3885

Don't worry....it will be as SPOT ON TARGET as what I just posted above!!!



3886 SEE....I told you!!!

jimnyc
08-21-2012, 09:27 AM
red state - I changed the coloring of your post. I know you haven't posted in a few weeks, so you may have missed an update - http://www.debatepolicy.com/showthread.php?3487-Debate-Policy-Rules&p=572702#post572702

Tyr-Ziu Saxnot
08-21-2012, 09:32 AM
Liberals are idiots and I HIGHLY suggest anyone who is of conservative thinking move to a conservative area. Over time, HOPEFULLY, all the idiots will be in the blue states and the successful/intelligent/patriots will live in RED STATES. Only flaw with this is that the RED STATES will have to support or bail out the Blue ones.

There is always two sides to every story but I've always found cops to be lazy idiots and simply a long arm of big sis....not the law. But in putting myself in this situation and if I saw the guy jogging down the road (in the heat) wearing all that stuff, I'm gonna simply roll up my boot leg or go inside and get something more powerful. HA! If he's jogging by my kid's school, I MIGHT slow down or pull over and make sure he keeps jogging. If he turns in to my girl's school, I'll simply pull in and talk to the principle until the guy leaves or until the principle has had time to respond. Cops are usually useless and should be left to their main duties.....eating doughnuts and issuing tickets to folks trying to get back and forth to work. God forbid that they go to the joints where drugs, prostitution and other illegal activities are going on. In New Orleans, they wait till a gun fight has ceased before going in and responding to complaints...if they go at all! Corrupt cowards there in New Orleans (a liberal part of the South). So...again, hopefully we can one day get the trash where it belongs and invite quality folks to take the place of the trash that we can hopefully get rid of. Why any Conservative would live in or near the Cess Coast is beyond me.

3885

Don't worry....it will be as SPOT ON TARGET as what I just posted above!!!



3886 SEE....I told you!!!

As usual dead on accurate with your posts my friend! There are some good cops, my nephew was a cop for 7 years, he quit to find better employment! Told me a lot about the bullcrap and buddy system they often employ, one of th many reasons he moved on.
Certainly not all bad but far too many are just lazy. Reminds me of the old saying of why a cop is a cop-- because they are too lazy to work and too damn scared to steal!-:laugh:
I used to be friends with some bad , anti-social people in my wild younger days! Most of them are dead now, being that wild had its hazards. I chose not to do the criminal part but was around it all due to my gambling and wild women chasing ways back then! But who wasnt wild as hell as a young man?-Tyr

CSM
08-21-2012, 09:42 AM
My take - I have no problem at all if they come towards the man as if it was a serious event, and to be as a cautious as possible. But once everyone is safe, make a decision based on common sense. If what he was carrying was within the law, explain to him why he was stopped in the manner in which he was, maybe give him some advice, and he should be free to go. But do we all know for sure the regulations and codes in the jurisdiction this took place? I know where I live, air guns are highly illegal, as are even slingshots, and the majority of knives cannot be carried around.


I have to believe that if there were laws prohibiting the carrying of airguns and/or knives that he would have been charged appropriately rather than under some atrociously worded law regarding terrorism.

PostmodernProphet
08-21-2012, 09:49 AM
Yes ... it is. There is no such thing as an AR-15 "traiining rifle". What is shown in that picture is an AIRSOFT PAINTBALL GUN. Additionally, I don't know the laws in WV but around here, knives are not illegal to carry. Also, I ceratainly DO think the guy was just out for a run and I even understand WHY he might think he needs to do that. It is not something I would do but I understand it.

I based my comment on the article provided.....I have not yet seen anything linked which states its a paintball gun.......perhaps you can correct that oversight.....

PostmodernProphet
08-21-2012, 09:52 AM
Also, I ceratainly DO think the guy was just out for a run and I even understand WHY he might think he needs to do that.

then why not explain it.....I confess I remain curious and uninformed.....

Tyr-Ziu Saxnot
08-21-2012, 10:01 AM
I go jogging in my military stuff all the time. Who's to say he wasn't going out for a nice game of paintball with the buddies, and didn't feel like driving? I didn't see anything regarding his side of the story. Sounds to me like a bunch of stubborn morons to high and mighty to admit they're wrong.

Also, I'm pretty sure the main reason for the orange tip, is to show that it's fake. duh.

Speaking of all this, my little brother got detention for bringing a couple of those small green plastic toy soldiers, Because it had something that "represented a gun."

^^^^^^ bolded -This is how extreme lib/leftists get when their agenda gets put in place. It voids sanity and common sense to the umpteenth degree! When I was a kid I brought and old German Luger pistol to school to play with on the playground . All the teacher did was make sure it had the entire length of the barrel filled in with lead so that it was impossible to shoot. Two year later I traded it for some baseball cards and two dollars.-;)
Sure wish that I had those baseball cards(early 1960's) today because a couple of them would be worth quite a good bit now! Traded them off for a sack full of good marbles and a damn fine slingshot . Used the marbles as ammo-:laugh:--Tyr

CSM
08-21-2012, 10:05 AM
then why not explain it.....I confess I remain curious and uninformed.....


First, the gun pictured in the article is an Airsoft. Identifying firearms/replicas is not that hard to do. I happen to have an interest in both. It is VERY apparrent the the author of the "news" article was trying to create a bit of sensationalism. by calling it a "training rifle". I suspect that he may have been trying to save some police buddies a bit of embarassment. Also, it is far easier to label things without really investigating (a perfect display of journalistic laziness in this case) than to actually find and publish the facts. Many who read the article and HAVE NO CLUE about replica guns, firearms, bullet proof vest, knives and so forth will of course be taken in and outraged by the accused's behavior.

Second, there are many, many sports enthusiasts (like those participating in paintball leagues, etc) that like to train in as near real conditions as possible including wearing all the gear. Running in full gear is very much a big part of paintball. I don't care too much for paintball so, as I said, not something I would do. Some sports, such as bowling, skydiving, scuba and so forth actually REQUIRE training with and in the appropriate gear to be effective.

Little-Acorn
08-21-2012, 11:52 AM
I recall a story from a few years back (sorry, I don't have any links or references to it), where some 5-year-old kids were suspended from **Kindergarten** for forming their fingers into little "guns" and saying "Bang, you're dead" to each other.

I don't recall the story mentioning whether anyone was injured or killed by the 5-year-olds' fingers.

The silly paranoia over guns passed the "Are you kidding me???" screaming point years ago.

And clearly, from this story about the jogger, it still hasn't looked back.

Some people are screaming idiots... and they aren't the people who go jogging with Airsofts.

Little-Acorn
08-21-2012, 01:06 PM
After consulting with the Berkeley County Prosecuting Attorney's Office, Alemar was charged with "committing a terroristic act under 61-6-24 subsection (b) and subsection (d) of the West Virginia State Code," police said.

"With him being in that proximity, in that area of the school, we believed that he was causing a significant threat with his actions and his gestures by his own choosing," Swartwood said.

A terrorist act is defined under state code as an act that is likely to result in serious bodily injury or damage to property or the environment; intended to intimidate or coerce the civilian population; influence the policy of a branch or level of government by intimidation or coercion; affect the conduct of a branch or level of government by intimidation or coercion; or retaliate against a branch or level of government for a policy or conduct of the government.

BTW, speaking of poor reporting....

The reporter didn't even quote the law correctly. And the part he missed, is the part that will let the jogger go free, as he should be.


WV State Code 61-6-24, subsections (b) and (d):

Threats of terrorist acts, conveying false information concerning terrorist acts and committing terrorist hoaxes prohibited; penalties
...
(3) "Terrorist act" means an act that is:
(A) Likely to result in serious bodily injury or damage to property or the environment; and
(B) Intended to:
(i) Intimidate or coerce the civilian population;
(ii) Influence the policy of a branch or level of government by intimidation or coercion;
(iii) Affect the conduct of a branch or level of government by intimidation or coercion; or
(iv) Retaliate against a branch or level of government for a policy or conduct of the government.
...
(b) Any person who knowingly and willfully threatens to commit a terrorist act, with or without the intent to commit the act, is guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $25,000 or confined in a state correctional facility for not less than one year nor more than three years, or both.
...
(d) Any person who uses a hoax substance or device with the specific intent to commit a terrorist act is guilty of a felony and, upon conviction thereof, shall be fined not less than $10,000 nor more than $50,000 or confined in a state correctional facility for not less than one year nor more than five years, or both.

Notice the word "AND", underlined and boldfaced above.

Used in the law the way it is, it means that the jogger had to do something likely to cause injury or damage AND that scares somebody.

Not just something that scares somebody, as the reporter tried to claim.

The jogger (and his lawyer) will soon be wealthy men.

CSM
08-22-2012, 10:31 AM
SO. It appears that the man arrested is in the WV National Guard. All I can say is that the cops involved in his arrest must be extremely mentally challenged. I am beginning to think that the rumors of inbreeding within the population of that state are true.

http://www.foxnews.com/us/2012/08/21/armed-man-running-near-west-virginia-school-is-in-virginia-national-guard/

PostmodernProphet
08-22-2012, 11:16 AM
Running in full gear is very much a big part of paintball.

I'm sorry, but I know bullshit when I see it.....my son was on the paintball team for GVSU and competed at the national level in Dallas when he was a freshman.....not once did he ever go running in his gear.....

CSM
08-22-2012, 11:30 AM
I'm sorry, but I know bullshit when I see it.....my son was on the paintball team for GVSU and competed at the national level in Dallas when he was a freshman.....not once did he ever go running in his gear.....


Competed and not won? Hmmm... Speaking of bullshit, arresting someone for doing NOTHING illegal is bullshit and to me that is the bottom line.

In any case, as shown in my recent post, the case in question involved an individual member of the National Guard conducting his personal training. I would guess that such is a bit more significant than paintball.

gabosaurus
08-22-2012, 04:47 PM
In any case, as shown in my recent post, the case in question involved an individual member of the National Guard conducting his personal training. I would guess that such is a bit more significant than paintball.

Don't think I have ever seen or heard of a National Guard member doing personal training in full military regalia on the streets of a neighborhood. Does this mean we could see Navy Seals parachuting into our streets and running around fully armed?

Little-Acorn
08-22-2012, 05:46 PM
Don't think I have ever seen or heard of a National Guard member doing

The list of things you have never seen or heard of... or which have gone in one ear and out the other undetected... fills volumes, as I have pointed out before. What is puzzling, is your apparent contentment with calling for laws despite your complete lack of understanding of the issues they will affect, many of which are basic and fundamental.

(groundless hysteria over "Navy Seals running around fully armed" deleted)

DragonStryk72
08-22-2012, 06:52 PM
Was it a realistic toy gun? And who goes jogging in military style camouflage clothing while carrying something that resembles a weapon these days?
The guy is an idiot and deserves what he got.

Did anyone actually read that part? It even had the little orange piece on the end, so even if they did get there and stop him, it was what, two seconds, before they realized he was actually armed?

DragonStryk72
08-22-2012, 06:53 PM
Competed and not won? Hmmm... Speaking of bullshit, arresting someone for doing NOTHING illegal is bullshit and to me that is the bottom line.

In any case, as shown in my recent post, the case in question involved an individual member of the National Guard conducting his personal training. I would guess that such is a bit more significant than paintball.

And if he's National Guard, doesn't that mean he's allowed to wear body armor, and be in military fatigues?

sundaydriver
08-22-2012, 07:31 PM
I can't find any updates on this story that aren't 2 days old. I realize it takes time to investigate or to cover asses, but still thought it would be updated daily.

CSM
08-23-2012, 10:48 AM
And if he's National Guard, doesn't that mean he's allowed to wear body armor, and be in military fatigues?

Yep he is. National Guard is a part of the military (same uniform, etc) and are allowed to wear the uniforms of same.

Gabby may not have seen an National Guardsmen in her area especially given the community in which she lives. I am assuming here that the members of that community are upper class liberals that discourage their children from joining the military in the first place.

CSM
08-23-2012, 11:00 AM
Don't think I have ever seen or heard of a National Guard member doing personal training in full military regalia on the streets of a neighborhood. Does this mean we could see Navy Seals parachuting into our streets and running around fully armed?

Navy Seals are NOT National Guard, so NO. I am not surprised you have never seen or heard of National Guard members training in full battle gear on the street. Your community probably has some prohibition against such things so those nasty military guys don't interfere with the Gay Pride parades or project the wrong image for your tolerant and accepting community.

The fact is that National Guard members are required to meet the same training standards as active duty personnel to include height/weight and physical training standards. Some Guard units have a fully equipped armory with a gym, etc. Many do not. Most do not have a shooting range available so have to schedule such ranges either on an active duty military base or reserve training center. Given that the Guardsmen have to meet the same standards as their active duty counterparts (who usually do some form of physical training EVERY day includding run around in their battle gear for an hour or two) so some of the more dedicated ones will strive to exercise a few times a week in full gear. That is especially true if they have been deployed previously in a combat role and understand how physically demanding that is.

Little-Acorn
08-23-2012, 11:11 AM
And if he's National Guard, doesn't that mean he's allowed to wear body armor, and be in military fatigues?

Are you implying that people who are NOT in the National Guard (such as you or me), are NOT allowed to wear body armor or fatigues?

Who is doing this forbidding, and why?

P.S. Are we also "not allowed" to jog with, God forbid, a harmless toy gun?

DragonStryk72
08-23-2012, 11:59 PM
Are you implying that people who are NOT in the National Guard (such as you or me), are NOT allowed to wear body armor or fatigues?

Who is doing this forbidding, and why?

P.S. Are we also "not allowed" to jog with, God forbid, a harmless toy gun?

Actually, I was positing that by their own rationale, they're still wrong, since he's military.