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Old 10-20-2006, 02:30 PM   #1 (permalink)
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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!
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Old 10-20-2006, 02:39 PM   #2 (permalink)
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Paintball guns are deadly weapons in California?
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Old 10-20-2006, 02:43 PM   #3 (permalink)
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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
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Old 10-20-2006, 03:12 PM   #4 (permalink)
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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?

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Old 10-20-2006, 04:03 PM   #5 (permalink)
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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.
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Old 10-20-2006, 05:31 PM   #6 (permalink)
Its a sport of honor.
 
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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"
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Old 10-22-2006, 05:56 PM   #7 (permalink)
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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.
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Old 10-23-2006, 08:41 PM   #8 (permalink)
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Good Job Fridaddy.
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