I'm tellin' ya son it ain't no fun starin' straight down a .44

[Treo]

I'm tellin' ya son it ain't no fun starin' straight down a .44

--------------------------------------------------------------------------------

For clarity sake, this is a repost of something that actually happened about a year ago. It happened at around 2AM

Just got home from work, as usual the neighbor’s dog greeted me as I got out of the car. So, I walked over and scratched her ears. She got out of the fence, ran about 2 steps, yelped and dropped like a rock. I still don’t know what happened but she got up, seemed like she was fine went back in the fence and refused to come back near the gate. I decided her behavior was odd enough to inform the neighbor but not tonight.

About that time I heard the neighbor calling her and decided since he was up anyway I’d tell him about it. Rather than walk out of the dark onto his well lit patio I announced my self and blinked my light.

Next thing I know I’m looking down the barrel of his firestorm .45 ACP (nice gun BTW) I turned my flash (Streamlight Skorpion 114 lumens) back on shined it right in his eyes and said “Put the gun down “ PUT.. IT…. DOWN. I could tell by the look in his eyes he was blinded and he put the gun down very slowly and showed his hands. (He told me he thought I was a cop) Then I, very clearly, identified myself, stepped forward and asked him to show me his new piece and found out that he had heard a noise in the back yard and was investigating.

I got three things out of this

1. I should have called out and clearly identified myself

2. He was investigating “the noise” W/out a round in the chamber I could have had him a dozen times before he even knew I was there if I had malicious intent

3. He was on a well lit patio and had no night vision. He had even less when I bright beamed him.

I don’t know that there’s a moral to the story but it woke me up

 

[Deserteagle]

Couple problems I see with this.
1. If you were a cop, he would have been dead and it would have been his fault for not even identifying his target before pointing his gun in their face
2. I'm not sure shining a light in the face of a person with a gun in your face is the best idea but it seems to have worked so good for you
3. He needs a flashlight so he can at least know whose face his gun is being shoved into
4. He is an idiot for carrying without a round in the chamber
5. I understand that he was on his property but Im not sure I would be pointing my gun at somebody's face in CO unless I knew they were a threat. Our menacing law is extremely strict and carries a harsh penalty. He can also get himself shot by doing what he did.

 

[Treo]

Couple problems I see with this.
1. If you were a cop, he would have been dead and it would have been his fault for not even identifying his target before pointing his gun in their face
2. I'm not sure shining a light in the face of a person with a gun in your face is the best idea but it seems to have worked so good for you
3. He needs a flashlight so he can at least know whose face his gun is being shoved into
4. He is an idiot for carrying without a round in the chamber
5. I understand that he was on his property but Im not sure I would be pointing my gun at somebody's face in CO unless I knew they were a threat. Our menacing law is extremely strict and carries a harsh penalty. He can also get himself shot by doing what he did.

Care to cite it?

 

[wooddoctor]

I'm tellin' ya son it ain't no fun starin' straight down a .44

--------------------------------------------------------------------------------

For clarity sake, this is a repost of something that actually happened about a year ago. It happened at around 2AM

Just got home from work, as usual the neighbor’s dog greeted me as I got out of the car. So, I walked over and scratched her ears. She got out of the fence, ran about 2 steps, yelped and dropped like a rock. I still don’t know what happened but she got up, seemed like she was fine went back in the fence and refused to come back near the gate. I decided her behavior was odd enough to inform the neighbor but not tonight.

About that time I heard the neighbor calling her and decided since he was up anyway I’d tell him about it. Rather than walk out of the dark onto his well lit patio I announced my self and blinked my light.

Next thing I know I’m looking down the barrel of his firestorm .45 ACP (nice gun BTW) I turned my flash (Streamlight Skorpion 114 lumens) back on shined it right in his eyes and said “Put the gun down “ PUT.. IT…. DOWN. I could tell by the look in his eyes he was blinded and he put the gun down very slowly and showed his hands. (He told me he thought I was a cop) Then I, very clearly, identified myself, stepped forward and asked him to show me his new piece and found out that he had heard a noise in the back yard and was investigating.

I got three things out of this

1. I should have called out and clearly identified myself

2. He was investigating “the noise” W/out a round in the chamber I could have had him a dozen times before he even knew I was there if I had malicious intent

3. He was on a well lit patio and had no night vision. He had even less when I bright beamed him.

I don’t know that there’s a moral to the story but it woke me up

Sooooo.....What is your point?

 

[Deserteagle]

Care to cite it?

Sure.



18-3-206. Menacing.

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.



By harsh, I mean felony. By strict I mean you dont even need to have a weapon.

 

[Bighouse Doc]

Is it just me or have the stories here taken an upturn in drama lately?

I would not want to live anywhere everyone walks around waving guns and high powered flashlights at sounds in their yards!

-Doc

 

[wooddoctor]

Is it just me or have the stories here taken an upturn in drama lately?

I would not want to live anywhere everyone walks around waving guns and high powered flashlights at sounds in their yards!

-Doc

Doc, I agree....our friend treo might need to cut back on his medication a little!

 

[Treo]

Sure.



18-3-206. Menacing.

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.



By harsh, I mean felony. By strict I mean you dont even need to have a weapon.

Thanks, there was actually a case in Co Springs in which a man was arrested and tried for menacing because he patted his jacket where a weapon would be. He never even mentioned a weapon or showed it

 

[GB-Boater]

Doc,

I Agree with your assessment. There also seems to be a substantial increase in trolls lately.

 

[Treo]

Doc,

I Agree with your assessment. There also seems to be a substantial increase in trolls lately.

I've been here almost a year & a half longer than you and have almost 1600 more posts than you. who, exactly, is the troll?

 

[The_Outlaw]

I'm tellin' ya son it ain't no fun starin' straight down a .44

 

[CapGun]

What I learned. Got to get a flashlight like Treo's

 

[Deserteagle]

Thanks, there was actually a case in Co Springs in which a man was arrested and tried for menacing because he patted his jacket where a weapon would be. He never even mentioned a weapon or showed it

This law seems a little extreme for my taste but Im not gonna leave Colorado because of it, oh well just gotta be careful

 

[Treo]

This law seems a little extreme for my taste but Im not gonna leave Colorado because of it, oh well just gotta be careful

Remember, in this case he did actually have a weapon it may have gone differently if he had none. I think he was aquitted

Here is a story from the local paper

August 4, 2008 - 11:53PM

A former El Paso County sheriff's deputy appeared in court last week on a felony charge alleging he threatened someone with a gun.

Shawn Moncalieri, 33, was fired from the Sheriff's Office last year after two internal affairs investigations in seven months: one related to a questionable officer-involved shooting and the other involving possible wrongful arrests.

Colorado Springs police officers allege Moncalieri flashed his .40-caliber Glock (please note said Glock never came out of the holstrer) at business owner Larry Salas in April. Moncalieri faces a felony menacing charge, which carries a maximum three-year prison sentence.

Moncalieri, who works as a private investigator, went to Salas' Prince of Battle silk-screening business at 513 W. Colorado Ave. with disgruntled customer Ricardo Wong, according to an arrest affidavit. Wong and Salas exchanged words after Wong was ordered to leave the store. Salas called police when Moncalieri "placed his right hand on his right hip, indicating the presence of a firearm under his coat," the affidavit states. When a police sergeant arrived, he saw "suspect flop the right side of his coat backward to reveal a handgun in a holster." The sergeant took the loaded gun as evidence. Moncalieri told officers Salas threatened him with a knife.

Moncalieri declined comment Monday.

A 4th Judicial District Court judge ruled this year that the El Paso County Sheriff's Office had to hand over the two internal affairs investigations on Moncalieri to The Gazette. A Gazette reporter asked in February and March 2007 to review the files, but was refused. El Paso County Sheriff's officials have appealed the judge's ruling, saying internal affairs reports are not subject to disclosure as criminal justice records.

One report deals with an incident in which Moncalieri shot at a fleeing burglary suspect who allegedly tried to run him over. The 4th Judicial District Attorney's Office, which investigated the August 2006 incident, determined the shooting was questionable, although not criminal.

The second incident involves a possible wrongful arrest involving two Fountain men that resulted in the county secretly paying each $20,000. The Colorado Court of Appeals has not ruled on the sheriff's appeal.

Moncalieri is scheduled to stand trial on the menacing charge Oct. 27. He has pleaded not guilty and remains free on bond.

 

[Deserteagle]

Salas called police when Moncalieri "placed his right hand on his right hip, indicating the presence of a firearm under his coat," the affidavit states. When a police sergeant arrived, he saw "suspect flop the right side of his coat backward to reveal a handgun in a holster."

Ya this is definitely menacing here, but my guess if you did something similar without actually having a gun it would be a much harder case to prosecute.

 

[Treo]

Ya this is definitely menacing here, but my guess if you did something similar without actually having a gun it would be a much harder case to prosecute.

Apparently not, Moncalieri was aquitted of all charges