September 30, 201411 yr Who is bringing up the charges? If they were not arrested and charged by police a grand jury would have to charge them. If that's the case you could change police to Fayette County in my response, it works either way. It's misdemeanor charges so a grand jury isn't involved. The county attorney decides whether or not to charge them in a misdemeanor case.
September 30, 201411 yr What if you've never been around guns to know the difference? It the sound loud enough where a novice might say "huh, that sounded like it might have been a shot?" Exactly, that's been my thoughts the entire time. Some students probably don't even know what a gun sounds like.
September 30, 201411 yr I don't understand why people are arguing against this. Someone clearly heard something they thought was a gun shot and they were clearly carrying something that looked like a gun...do people think someone made it up and got lucky? Not saying they made it up just saying they likely confused the air gun for a real gun. As Clyde said some students have probably never heard a gun before thus they do not know the difference in sounds. They hear air gun and think red alert everyone get down!!!
September 30, 201411 yr Who is bringing up the charges? If they were not arrested and charged by police a grand jury would have to charge them. If that's the case you could change police to Fayette County in my response, it works either way. Well, here is something not brought up yet. If someone isn't happy with the punishment/charges etc. such as a parent of a student who was terrified when all they got was a text saying there is a gunman and they are on lock down. There could possibly be a civil suit against the University etc. I've heard of crazier things happening especially when it comes to civil suits.
September 30, 201411 yr What if you've never been around guns to know the difference? It the sound loud enough where a novice might say "huh, that sounded like it might have been a shot?" Not the one I had. My brother had a different one and it wasn't loud either. Cap guns make a louder sound.
September 30, 201411 yr That was a direct threat. There is a difference between that and induced panic due to a possible threat' date=' which turned out to be no threat at all.[/quote'] Then here is an idea. Send your kid to school tomorrow with an air gun or BB gun, and I bet by tomorrow night you will be looking for a new school. And I disagree with the UK incident not being a threat. Everyone knows that you do not bring any type of weapon on a HS or college campus these days, and holding it in your hands?
September 30, 201411 yr What they did fits the disorderly conduct statute if I remember it correctly. I believe it does. But I still believe a plea will be reached in the way of a diversion, they will likely serve community service but the charge will be dropped if they complete the diversion.
September 30, 201411 yr I am not and I don't claim to be. But my stepfather was named one of the top defense attorneys in the state by the KBA before he retired. From my time with him I have learned a lot about state laws and how the system works. Okay, fair enough, and I didn't insinuate that you did claim to be. You just make a lot of declarative statements about the law and how punishments are adjudicated (or how they should be), so I was just wondering if you were in fact an attorney. All good. Kudos to your stepfather, very impressive! :thumb:
September 30, 201411 yr It's misdemeanor charges so a grand jury isn't involved. The county attorney decides whether or not to charge them in a misdemeanor case. Your right, but that changes nothing as far as the county potentionally being sued if the charges are not warranted. Like I said before I only know what I have read here and I haven't read it all, but either way I don't believe any of them would attempt a lawsuit.
September 30, 201411 yr Then here is an idea. Send your kid to school tomorrow with an air gun or BB gun, and I bet by tomorrow night you will be looking for a new school. And I disagree with the UK incident not being a threat. Everyone knows that you do not bring any type of weapon on a HS or college campus these days, and holding it in your hands? An airsoft gun is not a weapon.
September 30, 201411 yr Okay, fair enough, and I didn't insinuate that you did claim to be. You just make a lot of declarative statements about the law and how punishments are adjudicated (or how they should be), so I was just wondering if you were in fact an attorney. All good. Kudos to your stepfather, very impressive! :thumb: I know you didn't insinuate anything, I just wanted to put it out there that I am not before any confusion. I don't know anywhere near what an attorney would know, but I am familiar enough with most of it that I can at least give an educated opinion. I know we have a resident attorney here, from what I remember you may be the one, correct? If so what are your opinions on the issue? Granted I know without knowing the facts you probably won't tell us much.
September 30, 201411 yr Not saying they made it up just saying they likely confused the air gun for a real gun. As Clyde said some students have probably never heard a gun before thus they do not know the difference in sounds. They hear air gun and think red alert everyone get down!!! They clearly were confused...Either way it was stupid of the players.
September 30, 201411 yr I know you didn't insinuate anything, I just wanted to put it out there that I am not before any confusion. I don't know anywhere near what an attorney would know, but I am familiar enough with most of it that I can at least give an educated opinion. I know we have a resident attorney here, from what I remember you may be the one, correct? If so what are your opinions on the issue? Granted I know without knowing the facts you probably won't tell us much. I am most assuredly not an attorney.
September 30, 201411 yr Your right, but that changes nothing as far as the county potentionally being sued if the charges are not warranted. Like I said before I only know what I have read here and I haven't read it all, but either way I don't believe any of them would attempt a lawsuit. I'm not an attorney and don't claim to be...but I see no grounds for a lawsuit against anyone.
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