Like you and me, only better
Judge Haywood Turner is charged with pointing a pistol. Police say it appears to be a case of road rage . . . Investigators say he turned himself in on Friday, and was charged with two misdemeanor counts of pointing a pistol.
Wow. Aggravated assault is a misdemeanor? Err, no:
Aggravated assault, which is a felony:
“occurs when you assault someone…2) With a deadly weapon…”
Special classes get special treatment.
Update: In comments, Alex says:
FYI, The Great State of Georgia actually has a criminal statute titled “Pointing or aiming gun or pistol at another” and it states that “a person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.” O.C.G.A. 16-11-102.
Looks to me like there’s some leeway in which law you charge someone with.
August 29th, 2006 at 4:02 pm
The full texts of the Georgia Code are somewhat more detailed.
It seems plausible, as a non-lawyer, that brandishing does not count as a felony, given that they specifically list firing at people as part of felonious aggravated assault; if merely waving a gun around counted, there would be little need to have a specific notation for firing from a vehicle, no?
The question is thus, is pointing a pistol at someone, perhaps through glass of your car window, “… an act which places another in reasonable apprehension of immediately receiving a violent injury”?
Evidently the police don’t think they can prove aggravated assault, or that it simply isn’t, under the very specific usages and definitions of the law.
This is why I hate press reports that don’t mention the specific offense by its technical name or Code reference. I’m pretty sure the actual offense on the paperwork is not “pointing a pistol”, and without the actual charge, it’s hard to look up and find the statutory definition he’s charged under.
Let’s not, however, be too quick to assume this is special treatment, especially without knowing how often non-Judges are charged with misdemeanors for brandishing, no?
August 29th, 2006 at 6:54 pm
FYI, The Great State of Georgia actually has a criminal statute titled “Pointing or aiming gun or pistol at another” and it states that “a person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.” O.C.G.A. 16-11-102.
August 30th, 2006 at 11:36 am
SayUncle, you are correct, there appears to be leeway:
http://waronguns.blogspot.com/2006/08/lest-ye-be-judged-follow-up.html