Just want to blow my own horn a bit

Fridaddy · 10-20-2006, 03:30 PM

After testifying in this case I am now an "expert witness" in Calif Superior Court on Paintball.
http://www.ktvu.com/news/9220209/detail.html

And he took a deal after I was on the stand, 3 years and a strike.

Yea me!

PolarMonkey · 10-20-2006, 03:39 PM

Paintball guns are deadly weapons in California?

Al Ray · 10-20-2006, 03:43 PM

Susspition of use of deadly weapon^ We dont know hat velocit he was sooting either, and at people w/o masks. Although a somewhat extrem charge, not out of line IMHO

DarkStar · 10-20-2006, 04:12 PM

IANAL: In NJ I'm pretty sure that anything used as a weapon can be called a deadly weapon in Court. Meaning, you can have a baseball bat in your trunk and it's not a weapon. But If you beat the crap out of someone with it, bingo: assault with a deadly weapon and anything else they can throw at you. Other states probibily have similar clauses.

Did you sit through a cross-examination also?

-MR

LUKE · 10-20-2006, 05:03 PM

The D is often mistaken for deadly, when it actually means Dangerous (at least in Mass General Law). There are "per se", which are spelled out in the letter of the law (ie:shurikens, nunchuks, stillettos, switch blades, etc); and then there are objects that can be brandished as weapons but not intentionally designed as such....furniture, forks, lit cigarettes, pencils, shoes, etc.

Fridaddy · 10-20-2006, 06:31 PM

Yea, ADW. One of the victims was hit in the neck near the trachea (hitting the trach would have closed the airway and killed him) and one was hit in the left temple. Brought in all my safety gear to show the jury, and was allowed to dry fire my cocker a few times (ripped a string of about 10)...scared the hell out of one lady on the jury.

Dark star...I did sit through cross on my "expert opinion" before being called an "expert wirness." We broke for the day about half way through direct.

In Calif it need not cause death...disfigurment or loss of body function is enough for "ADW"

Walking_Target · 10-22-2006, 06:56 PM

yeah, i've been asked to do the entire 'expert' thing... except every time i'm asked, they always take a plea bargain before their court date... both times i've been asked.

IMHO it should be treated as Assault with a Deadly Weapon, because you can load any number of more harmful projectiles into a marker. and even as such, paint can be permanently disfiguring (ie. if it hits an eye)

this is why you really should be 18 to be able to buy a marker... probably would not have helped in this case, but it would prevent the majority of these incidents from happening.

Pickle · 10-23-2006, 09:41 PM

Good Job Fridaddy.

10-20-2006, 03:30 PM	#1 (permalink)
Fridaddy MCB Member Join Date: Jul 2006 Location: Bay Area	Just want to blow my own horn a bit After testifying in this case I am now an "expert witness" in Calif Superior Court on Paintball. http://www.ktvu.com/news/9220209/detail.html And he took a deal after I was on the stand, 3 years and a strike. Yea me! __________________ Capt. www.teamlockdown.com Director www.oahuscenarios.com Field Owners: Check out our line of Ref & Scenario gear - functional & affordable. www.cafepress.com/paintshirt

10-20-2006, 03:39 PM	#2 (permalink)
PolarMonkey Fleshy-headed mutant. Join Date: Apr 2006 Location: Alaska	Paintball guns are deadly weapons in California? __________________ Politicians are like diapers; they should be changed frequently, and for the same reason. Anything worth fighting for is worth fighting dirty for.

10-20-2006, 05:03 PM	#5 (permalink)
LUKE Hired Goon Join Date: Apr 2006 Location: Lunenburg, MA	The D is often mistaken for deadly, when it actually means Dangerous (at least in Mass General Law). There are "per se", which are spelled out in the letter of the law (ie:shurikens, nunchuks, stillettos, switch blades, etc); and then there are objects that can be brandished as weapons but not intentionally designed as such....furniture, forks, lit cigarettes, pencils, shoes, etc. __________________ "We sleep soundly in our beds because rough men stand ready in the night to visit violence on those who would do us harm." - Winston Churchill My MCB feedback Sometimes there's justice...and sometimes there's just us BADGE 632

10-20-2006, 06:31 PM	#6 (permalink)
Fridaddy MCB Member Join Date: Jul 2006 Location: Bay Area	Yea, ADW. One of the victims was hit in the neck near the trachea (hitting the trach would have closed the airway and killed him) and one was hit in the left temple. Brought in all my safety gear to show the jury, and was allowed to dry fire my cocker a few times (ripped a string of about 10)...scared the hell out of one lady on the jury. Dark star...I did sit through cross on my "expert opinion" before being called an "expert wirness." We broke for the day about half way through direct. In Calif it need not cause death...disfigurment or loss of body function is enough for "ADW" __________________ Capt. www.teamlockdown.com Director www.oahuscenarios.com Field Owners: Check out our line of Ref & Scenario gear - functional & affordable. www.cafepress.com/paintshirt

10-20-2006, 03:43 PM	#3 (permalink)
Al Ray GWC Lifetime Member Join Date: Mar 2006 Location: Grand Junction, Colorado	Susspition of use of deadly weapon^ We dont know hat velocit he was sooting either, and at people w/o masks. Although a somewhat extrem charge, not out of line IMHO

10-23-2006, 09:41 PM	#8 (permalink)
Pickle Carrier of the Big Stick Join Date: Apr 2006 Location: Land of Fruits and Nuts	Good Job Fridaddy.