theguru

Scheffler is rich and famous and the best I can tell the majority of people and almost everyone on TV are in Camp Scheffler so I doubt much happens to him. But if that were you or me we would probably still be rotting in jail.

Scheffler either complied or he didn't.

I disagree, we have the no nonsense post arrest complaint and the eyewitness testimony of someone that thinks they are helping Scheffler only they are actually incriminating Scheffler and impeaching his defense narrative.

I think Darlington said it was on the side of the vehicle. Maybe there was something on the front too. But again, none of that matters, when a police officer stops you, you comply and I think it is pretty clear Scheffler did not comply and as a result an officer was injured. And if Scheffler is going to use the "I didn't know it was a police officer defense" he is admitting his intentional non-compliance and he is also admitting he is not always the great guy he claims to be. I feel like the more we talk about all the trees in the forest, the worse it gets.

Darlington goes on to say that Scheffler didn't know it was a police officer. Then Darlington said Scheffler tried to apologize to arresting officer and said I didn't know you were a police officer. Those statements establish an intentional mental state. One where Scheffler was not going to comply because he didn't think there would be any consequence for non-compliance. Jeff Darlington is the star witness for the prosecution!!

So I am listening to what Jeff Darlington had to say about it since he was an eyewitness and the way I understand what he is saying there was no other officer, Darlington said, "Scheffler decided to go around, the police officer went to his window, tried to stop him, Scheffler continued to proceed..." This all starts at about the 230 mark in this video and there is more. But the way I understand what Darlington is saying is Scheffler did this on his own without being directed by an additional, unknown officer and it sounds to me like Darlington is actually the star witness for the prosecution but doesn't realize it.

Right, just one more nail in the coffin.

First of all, do we even know if there was another officer that told Scheffler to do anything or is that just speculation and/or something the defense is putting forward to muddy the waters? To your point (and assuming there actually was another officer involved), if they were both giving a command at the same time, then yes this is a total misunderstanding. However, if Scheffler received commands from two different officers at two different times, clearly you follow what the most recent one is telling you to do.

Probably, but that doesn't mean you give up.

I think you are way over complicating it, either Scheffler complied with the officer or he did not comply. And nothing on a car (not any kind of get out of jail free card) gives anyone permission to violate the law.

The fact that another officer may or may not have directed Scheffler to do something prior to his contact with the arresting officer has nothing to do with the charge or the mental state. Think of it as chapters in a book, even if another officer directed him to the location where the arresting officer stopped him, that was the previous chapter. The recklessness would come in assuming Scheffler did not comply with the arresting officers order to stop and as a result of Scheffler not stopping/continuing on, the officer was hurt. That would be the basis for the charge.

Not in my experience, not at all, but that was a long time ago and in a different county.

Under any normal circumstance when that happens the prosecution digs in. And with an injured police officer, dropping the charges says to every police officer in America, get out of the profession.

That is why I added Assault 3rd, the mental state there is recklessly. Here it is again: 508.025 Assault in the third degree. (1) A person is guilty of assault in the third degree when the actor: (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to: 1. A state, county, city, or federal peace officer;

My guess is there will be some type of minor plea and then Scheffler will pay the officer and there will be a non-disclosure agreement.

As far as the judgement it is pretty simple to me, Scheffler either complied with the officer or he did not comply with the officer.

Of course we are speculating on this but generally speaking the problem with that is if you are going to let someone rich and famous out on ROR after being charged with assaulting a peace officer you have to let everyone out on ROR that assaults a peace officer. So it is much, much bigger than any one case.

I have no idea on this one but I sure hope the officer that stopped/was injured/and charged Scheffler, was wearing a body cam. And if he was, I hope that gets released right away. If he wasn't, ugh. With all that said, I have no idea what the LMPD policy is on body cams but I can see where a detective working a traffic detail where all hands have to be on deck may not be required to wear a body cam.

So for it to be Assault 2nd you would have to prove an intentional mental state, as in Scheffler intentionally disregarded the officer's command and the officer was injured with by a dangerous instrument (the vehicle). (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; Assault 3rd is a no brainer here (again, assuming what is on the citation is what happened). Recklessly caused physical injury with a dangerous instrument. 508.025 Assault in the third degree. (1) A person is guilty of assault in the third degree when the actor: (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to: 1. A state, county, city, or federal peace officer;

Thanks for that. The citation says Assault, 2nd Degree - Police Officer. So I am too long in the tooth to know why it is charged that way when the actual statue doesn't include the part about a Police Officer but I assume it means the criminal elements rise above Assault in the 3rd Degree which is the original charge used in cases like this and I also assume that means Assault 3rd is a lesser, included offense. I need someone smarter than me to sort this out for us but for measure here is the Assault 3rd KRS: 508.025 Assault in the third degree. (1) A person is guilty of assault in the third degree when the actor: (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to: 1. A state, county, city, or federal peace officer; 2. An employee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender; 3. A healthcare provider as defined in KRS 311.821, if the event occurs while the healthcare provider is providing medical care in an emergency room of a hospital; 4. An employee of the Department for Community Based Services employed as a social worker to provide direct client services, if the event occurs while the worker is performing job-related duties; 5. Paid or volunteer emergency medical services personnel certified or licensed pursuant to KRS Chapter 311A, if the event occurs while personnel are performing job-related duties; 6. A paid or volunteer member of an organized fire department, if the event occurs while the member is performing job-related duties; 7. Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization pursuant to KRS Chapter 39F, if the event occurs while personnel are performing jobrelated duties; 8. A probation and parole officer; 9. A transportation officer appointed... [redacted] 10. A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee's employment; or 11. A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district; (b) Being a person confined in a detention facility, or a juvenile in a state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender, inflicts physical injury upon or throws or causes feces, or urine, or other bodily fluid to be thrown upon an employee of the facility; or (c) Intentionally causes a person, whom the actor knows or reasonably should know to be a peace officer discharging official duties, to come into contact with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the consent of the peace officer. (2) (a) For a violation of subsection (1)(a) of this section, assault in the third degree is a Class D felony, unless the offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class C felony. (b) For a violation of subsection (1)(b) of this section, assault in the third degree is a Class D felony. (c) For violations of subsection (1)(c) of this section, assault in the third degree is a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood, seminal fluid, urine, or feces from an adult who knows that he or she has a serious communicable disease and competent medical or epidemiological evidence demonstrates that the specific type of contact caused by the actor is likely to cause transmission of the disease or condition, in which case it is a Class A misdemeanor. (d) As used in paragraph (c) of this subsection, "serious communicable disease" means a non-airborne disease that is transmitted from person to person and determined to have significant, long-term consequences on the physical health or life activities of the person infected. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 109, sec. 4, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 151, sec. 2, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 189, sec. 1, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 128, sec. 1, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 208, sec. 1, effective July 15, 2002; and ch. 360, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 14, sec. 56, effective July 14, 2000; ch. 193, sec. 17, effective July 14, 2000; and ch. 345, sec. 7, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 345, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 397, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 380, sec. 1, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 429, sec. 1, effective July 15, 1982. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 128, sec. 1, which included an amendment to this statute, provides that the Act shall be known as the "Brenda D. Cowan Act."

I listened to a news report that claimed it was an OR release. That could be an error and I should have stated it as such when I posted above, thanks for that.

I know right, I can't believe that figure, wow! With that said, Netflix quit allowing multiple people to use one account and it looks like profits are way up. From Google: The streaming giant said it added 9.3 million customers in the first quarter, bringing its total number of subscribers to almost 270 million. The company also said its profits in the first quarter jumped to more than $2.3bn (£1.85bn). But the firm will stop reporting key subscriber numbers from next year. Apr 19, 2024.