MO - Grief & protests follow shooting of teen Michael Brown #2

[AuburnTxTiger]

Simply Caustic, Thanks for your input. Is there a site to verify if MB did or did not have any previous arrests?

 

[MyBelle]

I'm sorry, but that's incorrect. I won't fight with you over it, I respect you as a poster and I'm not trying to be rude, but I have personally seen it happen. I will find the statute.

I posted a link to the statute. If you have seen it happen in a conviction of an armed criminal action, would you mind providing a link to that case? Thanks.

Here it is the Statute in its entirety, misspellings and all.

MISSOURI STATUTES AND CODES 571.015. Armed criminal action, defined, penalty. Armed criminal action, defined, penalty. 571.015.1.Except as provided in subsection 4 of thissection, any person who commits any felony under the laws of thisstate by, with, or through the use, assistance, or aid of adangerous instrument or deadly weapon is also guilty of the crimeof armed criminal action and, upon conviction, shall be punishedby imprisonment by the department of corrections and humanresources for a term of not less than three years.Thepunishment imposed pursuant to this subsection shall be inaddition to any punishment provided by law for the crimecommitted by, with, or through the use, assistance, or aid of adangerous instrument or deadly weapon.No person convicted underthis subsection shall be eligible for parole, probation,conditional release or suspended imposition or execution ofsentence for a period of three calendar years. 2.Any person convicted of a second offense of armedcriminal action shall be punished by imprisonment by thedepartment of corrections and human resources for a term of notless than five years.The punishment imposed pursuant to thissubsection shall be in addition to any punishment provided by lawfor the crime committed by, with, or through the use, assistance,or aid of a dangerous instrument or deadly weapon.No personconvicted under this subsection shall be eligible for parole,probation, conditional release or suspended imposition orexecution of sentence for a period of five calendar years. 3.Any person convicted of a third or subsequent offense ofarmed criminal action shall be punished by imprisonment by thedepartment of corrections and human resources for a term of notless than ten years.The punishment imposed pursuant to thissubsection shall be in addition to any punishment provided by lawfor the crime committed by, with, or through the use, assistance,or aid of a dangerous instrument or deadly weapon.No personconvicted under this subsection shall be eligible for parole,probation, conditional release or suspended imposition orexecution of sentence for a period of ten calendar years. 4.The provisions of this section shall not apply to thefelonies defined in sections 564.590, 564.610, 564.620, 564.630,and 564.640, RSMo.(L. 1977 S.B. 60)Effective 1-1-79(1980) Armed criminal action statute which permitted convictionon charge of robbery first degree and on the same factspermitted conviction for armed criminal action was unconstitutionalin that it violated the double jeopardy clause of thefifth amendment to the U.S. Constitution. Sours v. State(Mo.), 603 S.W.2d 592.(1981) After reexamination in light of Albernaz v. UnitedStates, 450 U.S. 333, 101 S.Ct. 1137, 67 L.Ed.2d 275 (1981),the position of the Supreme Court expressed in Sours v. State,603 S.W.2d 592 is affirmed, that by enacting statutes proscribingarmed criminal action and robbery in the first degreewith a dangerous and deadly weapon, the legislature intendedto twice punish defendant for the same offense in violation ofthe double jeopardy clause of the Fifth Amendment. State v.Haggard (Mo.), 619 S.W.2d 44.(1981) If evidence in case supports both crime of armed criminalaction and underlying felony, jury may convict of onlyone, and jury must be instructed that the two offenses aresubmitted in the alternative and jury may not convict defendantof more than one of them. State ex rel. Westfall v. Ruddy(Mo.), 621 S.W.2d 42.(1983) Conviction and sentence for both armed criminal actionand first degree robbery in a single trial is not violative ofthe double jeopardy clause of the Fifth Amendment to theU.S. Constitution where the Missouri General Assembly intendedthat the punishment be cumulative, regardless ofwhether the statutes proscribed the same conduct under thetest in Blockburger v. United States, 284 U.S. 299, 52 S.Ct.180, 76 L.Ed. 306 (1932). Missouri v. Hunter (U.S.), 103S.Ct. 673.(1991)Where defendant was convicted of involuntary manslaughter andarmed criminal action for causing the death of a person whiledriving in an intoxicated state, conviction was reversed becausean armed criminal action requires a culpable mental state ofacting purposely, knowingly or recklessly.Criminal negligencewill not support an armed criminal action charge.State V.Hernandez, 815 S.W.2d 67 (Mo.App.).(1993) In order for an automobile to become a dangerous instrument forpurposes of this section, the operator or user of the automobilemust possess an intent and motive for the automobile to be aninstrument of harm.Mere recklessness in the operation of anautomobile does not give rise to armed criminal action.State v.Pogue, 851 S.W.2d 702 (Mo.App.S.D.).(1996)Statute is written in prohibitive sense and not as a grantof a right.McDermott v. Carnahan, 934 S.W.2d (Mo.banc).(1998) Defendant may be convicted of armed criminal action andunderlying crime without violating double jeopardy.State v.Blackman, 968 S.W.2d 138 (Mo.banc), State v. Flenoy, 968 S.W.2d 141(Mo.banc).(2001) Three-year statute of limitations applies to charges of armedcriminal action.State v. Hyman, 37 S.W.3d 384 (Mo.App.W.D.). Loading... Play Pause Volume: Mute Half Max Armed criminal action, defined, penalty. 571.015. 1. Except as provided in subsection 4 of thissection, any person who commits any felony under the laws of thisstate by, with, or through the use, assistance, or aid of adangerous instrument or deadly weapon is also guilty of the crimeof armed criminal action and, upon conviction, shall be punishedby imprisonment by the department of corrections and humanresources for a term of not less than three years. Thepunishment imposed pursuant to this subsection shall be inaddition to any punishment provided by law for the crimecommitted by, with, or through the use, assistance, or aid of adangerous instrument or deadly weapon. No person convicted underthis subsection shall be eligible for parole, probation,conditional release or suspended imposition or execution ofsentence for a period of three calendar years - See more at: http://statutes.laws.com/missouri/t38/c571/571_015#sthash.ZDnUMhDj.dpuf

 

[BayouBelle_LA]

Did anyone else here the woman who was quoted saying something like "I think the reason it took so long for the video to come out, is that they Photoshopped MB into the video, he never did that, why do you think it took so long?"

I heard it on talk radio in Chicago but I'm wondering if anyone else heard it. I couldn't believe my ears when I heard that. Utterly ridiculous. JMO

I've wondered if that's why the county wanted to obtain the hard drive even though the city had a copy of the surveillance.

 

[IndDia]

Those that are doing the demonstrating most likely have no personal financial investment at risk. It's kinda like telling college students to not burn down the town after a football victory. Those that do the burning are usually those that have mom & dad picking up the tab of their college education.
Of course, that's just my opinion based on an experience with a partying son who decided a city alley was a perfect urinal.

Can't argue with personal experience... The message, however, was pretty clear and not ambiguous imo.

 

[Simply Caustic]

I posted the link to the statute. It clearly says a suspended imposition can't be considered until 3 years is served.

MISSOURI STATUTES AND CODES 571.015.
Armed criminal action, defined, penalty.......upon conviction, shall be punished by imprisonment ....for a term of not less than three years....No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of three calendar years.


See more at: http://statutes.laws.com/missouri/t3....x7QUsgQV.dpuf

The statute you quoted is for armed robbery. There is no probation for armed robbery (no SIS/SES, the kind we're talking about in this case.) This is strong-arm, and a different statute.

 

[IndDia]

And the 300-pound assailant was over twice the size of the store clerk.

Just curious, where did you get the "300-pound" measurement? I've only seen that estimate once and it wasn't from a reputable site.

 

[MyBelle]

The statute you quoted is for armed robbery. There is no probation for armed robbery (no SIS/SES, the kind we're talking about in this case.) This is strong-arm, and a different statute.

Great! Find the statute for strong-armed robbery and link it. Thank You!!

 

[Simply Caustic]

I posted a link to the statute. If you have seen it happen in a conviction of an armed criminal action, would you mind providing a link to that case? Thanks.

MyBelle:

This is NOT armed robbery. This is robbery in the second degree. Here's the correct statute http://law.justia.com/codes/missouri/2005/t38/5690000030.html

 

[MyBelle]

The statute you quoted is for armed robbery. There is no probation for armed robbery (no SIS/SES, the kind we're talking about in this case.) This is strong-arm, and a different statute.

The robbery in this case included the element of physical assault. Separate crime that elevates it to an armed criminal action. The assault is on video.

JMO

 

[Yoda]

Armored vehicles are back. What happened to the highway patrol?

Never mindNever mind, next post said the vehicles has mshp plates.

 

[IndDia]

Great! Find the statute for strong-armed robbery and link it. Thank You!!

"Strong-armed" robbery would mean just "robbery", right? As in, unarmed? Without a weapon? I have never in my life heard unarmed robbery referred to as "strong-armed" robbery... Am I mistaken with the terminology?

 

[Simply Caustic]

http://www.newsweek.com/police-name-officer-who-shot-mike-brown-darren-wilson-264788

The above article is explaining why it's second degree robbery.

Here's the citation for second degree robbery in Missouri.

http://law.justia.com/codes/missouri/2005/t38/5690000030.html

Now I hope we can move past this.

 

[katydid23]

Did anyone else here the woman who was quoted saying something like "I think the reason it took so long for the video to come out, is that they Photoshopped MB into the video, he never did that, why do you think it took so long?"

I heard it on talk radio in Chicago but I'm wondering if anyone else heard it. I couldn't believe my ears when I heard that. Utterly ridiculous. JMO

I heard some stuff like that in the crowd when Don Lemon, CNN, talked to bystanders. The peeps were saying it wasn't him, they just looked for crime videos that looked like him, and some said it was him, but from June, but they wanted to make it look like it happened the same day...:waitasec:

On KFI talk radio, there was a normally intelligent talk show host, Mo Kelley, ADAMANTLY claiming that the shoes didnt match--he was wearing flip-flops in the video, and sneakers when he was shot...:no:

 

[Simply Caustic]

The robbery in this case included the element of physical assault. Separate crime that elevates it to an armed criminal action. The assault is on video.

JMO

Not according to the legal experts.

Police on Friday morning announced the name of the officer who shot and killed Mike Brown last Saturday in Ferguson, Missouri. Brown’s deathprecipitated several days of protests and a police response widely criticized as disproportionate. At the same time, the police released a packet of information on a crime in which they said Mike Brown was a suspect, a "strong-arm" robbery in the second degree. In a separate press conference later in the day, chief Jackson said that officer Wilson had no knowledge of Brown as a suspect when he shot Brown. (Newsweek)

 

[MyBelle]

"Strong-armed" robbery would mean just "robbery", right? As in, unarmed? Without a weapon? I have never in my life heard unarmed robbery referred to as "strong-armed" robbery... Am I mistaken with the terminology?

Brown's body was his weapon. Which is why the statute I posted is for "armed criminal action."

JMO

 

[IndDia]

"Strong-armed" robbery would mean just "robbery", right? As in, unarmed? Without a weapon? I have never in my life heard unarmed robbery referred to as "strong-armed" robbery... Am I mistaken with the terminology?

Found the answer here: "Strong Armed Robbery differs from larceny in that it involves force, or the threat of force. For example if a man leaves a package unattended in a shopping mall and it is stolen, this will be an ordinary larceny. If however the man is carrying the box and is commanded by the thief to hand the box over "or else" or if the box is forcibly ripped from his hands while being pushed down this would be a Strong Armed Robbery."
http://www.hg.org/article.asp?id=19700

Never heard of such a thing - but I'm new to South Carolina... I'm more familiar with Midwest laws.

 

[Linda7NJ]

When will the toxicology report be known ?

4-6 weeks

 

[IndDia]

Brown's body was his weapon. Which is why the statute I posted is for "armed criminal action."

JMO

At least here in SC it is not the same as "armed" robbery. It means there is some threat or danger involved in taking the item from the victim. Not just a passive crime, in other words. But it isn't the same as "armed robbery" with a weapon from the description I found.
It would be erroneous to equate "strong-armed" with "armed."

 

[Simply Caustic]

Brown's body was his weapon. Which is why the statute I posted is for "armed criminal action."

JMO

Did you see the quote? The police handed out a packet explaining that Mike Brown was a suspect in robbery in the second degree. That's all they ever would have charged him with, not armed robbery. That's what I was trying to explain, when the discussion came up about probation.

 

[Yoda]

Remnants of bottles thrown at police vehicles.
https://mobile.twitter.com/ToluseO/status/500513326238281728/photo/1