• Hi Guest, want to participate in the discussions, keep track of read/unread posts and more? Create your free account and increase the benefits of your WyoNation.com experience today!

Allen Smith III - Yikes

According to the story, it was a pellet gun and he was threatening anyone seriously. It wasn't for nefarious purposes.

Very distasteful, inappropriate, and immature - yes. Serious crime that deserves jail time and a felony conviction - no.
 
J-Bone said:
According to the story, it was a pellet gun and he was threatening anyone seriously. It wasn't for nefarious purposes.

Very distasteful, inappropriate, and immature - yes. Serious crime that deserves jail time and a felony conviction - no.
Click to expand...

What!?!?!? The story specifically says the victims thought the gun was real and thought they were going to die. He will get his day in court. But If these allegations are found to be true, they meet the very definition of felony assault.

Just because it was an air soft gun, does not mean it didn’t cause substantial harm to the victims. Some of those guns look very very real.
 
One of the State of Wyoming's definitions of assault:

"Threatens to use a drawn deadly weapon on another."

Will be interesting how this plays out.

Prosecution, I assume, will argue it's the threat that makes it assault. Whether the gun was actually deadly or not is irrelevent since he made it seem it was. Defense will probably argue since it isn't a deadly weapon, the threat wasn't legit?

I think I'd say prosecution has the better case.
 
BackHarlowRoad said:
One of the State of Wyoming's definitions of assault:

"Threatens to use a drawn deadly weapon on another."

Will be interesting how this plays out.

Prosecution, I assume, will argue it's the threat that makes it assault. Whether the gun was actually deadly or not is irrelevent since he made it seem it was. Defense will probably argue since it isn't a deadly weapon, the threat wasn't legit?

I think I'd say prosecution has the better case.
Click to expand...

Could end up being a felony menacing charge. Weapon doesn't have to be real in that case.
 
poke_addict said:
BackHarlowRoad said:
One of the State of Wyoming's definitions of assault:

"Threatens to use a drawn deadly weapon on another."

Will be interesting how this plays out.

Prosecution, I assume, will argue it's the threat that makes it assault. Whether the gun was actually deadly or not is irrelevent since he made it seem it was. Defense will probably argue since it isn't a deadly weapon, the threat wasn't legit?

I think I'd say prosecution has the better case.
Click to expand...

Could end up being a felony menacing charge. Weapon doesn't have to be real in that case.
Click to expand...
Good point. I’d also suggest reading Thompson v. State (2018). The court found that both a clay art piece and a beer bottle were sufficient deadly weapon threats under 6-2-502 aggravated assault.
 
Ignorant move, pellet gun, airsoft gun, .44 cal, whatever. We don't need that shit at UW, it needs to stay at Nebraska and CU.
 
castlerocker said:
If someone asked 'if you wanted to see their gun', would it be bad
manners to say NO?
Click to expand...


No - its not bad manners at all to say no. Its bad manners to ask to see someone's gun.
 
Released from the team according to reports. Not surprising. And from what I have heard there is now a real question as to whether it was an 'air soft' or a real gun. Either way, very serious criminal charge.
 
You must log in or register to reply here.

Latest posts

Back
Top