Embody vs Judge

[mikegideon]

Fix pic link, or vid or whatever it is, I bet it's a good one.

 

Try that

[Oh Shoot]

Try that

 

:) :) Worth the wait, thanks.

[eRay]

My Crystal ball says:

 

1. The grand jury will indict him as the grand jury only hears the prosecutors side of the case.

2. The court will then dismiss the case after they find out they have no legal grounds.

3. He will sue the city and police dept for one million dollars.

4. The Tennessee Municipal League will settle with him for around $25,000 just because they will be afraid that they might just get a      jury as radical as he is.

 

That's my prediction.

[mikegideon]

Where are you gonna find a jury as radical as that? You may not even be able to get 12 from opencarry.org. I'm betting he gets zip.

[Oh Shoot]

4. The Tennessee Municipal League will settle with him for around $25,000 just because they will be afraid that they might just get a      jury as radical as he is.

 

Even if they want to (and I don't think they will) I doubt seriously Kwik would take $25K, knowing his tilting at windmills history.

 

I guess my prediction ups the wager to a dime now. ;)

 

- OS

Edited August 22, 2013 by Oh Shoot

[Hershmeister]

My Crystal ball says:

3. He will sue the city and police dept for one million dollars.

[QuietDan]

IMO:

 

Lenny the Loon is going to "win" his court trial, but it is going to take months and months of the calendar and hours and hours of his time and thousands and thousands of his dollars.

 

The judge could have heard his statements and reviewed his paperwork and let him "win" at the preliminary hearing, but at that stage of the process the judge was not strictly obligated to review all the facts, but to see if there was sufficient cause to bind him over to the Grand Jury.

 

The judge did bind him over to the Grand Jury, where he will not lose, but will not seal a win as the Grand Jury executes a True Bill and he will be scheduled for trial.

 

The system will make him dot all his "I"s and cross all his "T"s and pay all the court expenses and wait months and months and fill out hours and hours of paperwork and pay for expert testimony, and spend thousands of dollars of his money to prove he is right.

 

In the meantime, he's preoccupied and not getting into other trouble and not bothering other people.

 

Finally, at the trial, after all his time, work and money, they will tell him: "You are right. You win. You may go."

 

It's called a Pyrrhic Victory, a Victory that costs you more than you gain. Sounds like a win for everyone else.

 

IMO.

Edited August 23, 2013 by QuietDan

[mikegideon]

IMO:

 

Lenny the Loon is going to "win" his court trial, but it is going to take months and months of the calendar and hours and hours of his time and thousands and thousands of his dollars.

 

The judge could have heard his statements and reviewed his paperwork and let him "win" at the preliminary hearing, but at that stage of the process the judge was not strictly obligated to review all the facts, but to see if there was sufficient cause to bind him over to the Grand Jury.

 

The judge did bind him over to the Grand Jury, where he will not lose, but will not seal a win as the Grand Jury executes a True Bill and he will be scheduled for trial.

 

The system will make him dot all his "I"s and cross all his "T"s and pay all the court expenses and wait months and months and fill out hours and hours of paperwork and pay for expert testimony, and spend thousands of dollars of his money to prove he is right.

 

In the meantime, he's preoccupied and not getting into other trouble and not bothering other people.

 

Finally, at the trial, after all his time, work and money, they will tell him: "You are right. You win. You may go."

 

It's called a Pyrrhic Victory, a Victory that costs you more than you gain. Sounds like a win for everyone else.

 

IMO.

 

My money is on this.

[Guest sL1k]

One question I have for everyone if this went to a jury trial. And you were selected for that jury. (I know if this really did happen you of course would not be selected)
Would you find him guilty ?

Sad to say I know most of us would have to bite our tongues and actually defend this loon to 11 other people.


I would have to sneak this in though

[mikegideon]

No way I would defend him to anybody

[TMF]

One question I have for everyone if this went to a jury trial. And you were selected for that jury. (I know if this really did happen you of course would not be selected)
Would you find him guilty ?

Sad to say I know most of us would have to bite our tongues and actually defend this loon to 11 other people.


I would have to sneak this in though

Criminally, no. Not unless the prosecution was able to prove that he actually broke a law.

Civilly I wouldn't award him jack squat. He created the scenario with the intention of a lawsuit. Intent is everything. He's like those people who walk around stores looking for a wet spot to slip on, then sue for injuries. Folks who go out of their way to get injured don't deserve a cash reward, since they are culpable in their injury. Lenny is no different. He deserves nothing for his troubles.

[Guest nra37922]

$1 judgment

[Guest sL1k]

I meant criminally.

[DaveS]

Has a trial date been set?

 

DaveS

Edited August 23, 2013 by DaveS

[Dolomite_supafly]

If he goes into the criminal trial defending himself he stands a good chance of being convicted. Attorneys, defense and prosecution, are really good at what they do and he doesn't have the same level of experience. If he decides to defend himself during the trial it will be like a team of little leagers going against the super bowl champions. And when the federal attorneys get involved he is playing with the big boys who have an unlimited budget to ensure he is found guilty.

 

Personally, I think they charged him wrong and they should have charged him with disorderly conduct. Then before his trial have a court ordered mental evaluation. The mental eval will do two one of two things, either clear the way for the disorderly conduct conviction or determine if he indeed has a mental condition. If he is found sane then he will be found guilty of disorderly conduct and then sentence him to the maximum. Spending 30 days in jail will change anybody. If it is found he does indeed have a mental condition then remove his ability to own or possess firearms.

 

39-17-305.  Disorderly conduct. 
  (a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:
   (1) Engages in fighting or in violent or threatening behavior;
   (2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
   (3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.
(c) A violation of this section is a Class C misdemeanor.
 

[JayC]

The disorderly wouldn't stand up in court...  Go and look at the conviction rate of disorderly conduct that doesn't involve a plea deal...  It's removed or tossed in virtually every case that makes it before a judge...  Even so, first offense class C there would be no jail time.

 

The mental eval isn't going to work...  lets be honest none of us like this guy, but he isn't crazy, just foolish...  you're not going to find any doctor willing to put their license on the line to try and testify this guy is mentally defective.  He may very well have a warped sense of logic, and a desire to cash in on a lawsuit, but all of that behavior tends to remove mental illness from the equation. 

 

If he goes into the criminal trial defending himself he stands a good chance of being convicted. Attorneys, defense and prosecution, are really good at what they do and he doesn't have the same level of experience. If he decides to defend himself during the trial it will be like a team of little leagers going against the super bowl champions. And when the federal attorneys get involved he is playing with the big boys who have an unlimited budget to ensure he is found guilty.

 

Personally, I think they charged him wrong and they should have charged him with disorderly conduct. Then before his trial have a court ordered mental evaluation. The mental eval will do two one of two things, either clear the way for the disorderly conduct conviction or determine if he indeed has a mental condition. If he is found sane then he will be found guilty of disorderly conduct and then sentence him to the maximum. Spending 30 days in jail will change anybody. If it is found he does indeed have a mental condition then remove his ability to own or possess firearms.

 

39-17-305.  Disorderly conduct. 
  (a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:
   (1) Engages in fighting or in violent or threatening behavior;
   (2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
   (3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
( B) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.
(c) A violation of this section is a Class C misdemeanor.
 

 

[TMF]

I dunno, someone of sound mind doesn't pace back and forth down a busy road wielding a revolver in his hand JUST so he can pick a fight with some cops. I don't think a doc would have a hard time finding him too batty to own firearms.

[safeandsecure]

...  lets be honest none of us like this guy, but he isn't crazy, just foolish...  you're not going to find any doctor willing to put their license on the line to try and testify this guy is mentally defective.  He may very well have a warped sense of logic, and a desire to cash in on a lawsuit, but all of that behavior tends to remove mental illness from the equation. 

He may not be crazy or mentally defective, but IMO he IS mentally deficient.  I just wish he'd move overseas, maybe help the Brits or Aussies with their troubles and leave our troubles alone.

 

On second thought, I suppose I shouldn't wish him on anyone else, either.  But I'm sick of the guy.

[Garufa]

I think he should be a guest on the Piers Morgan show.

[mikegideon]

I think he should be a guest on the Piers Morgan show.

 

We're still living down the Alex Jones episode. Piers' audience is damn near 100% low info, gun hating libtards. In other words, feeble minded folks that will believe Lenny is a typical gun owner. Maybe the Hannity show, so Sean can call him a fuggin' idiot on national TV :) 

[Oh Shoot]

Has a trial date been set?

 

DaveS

 

Judge sent it to Grand Jury, who will determine if there will be a trial or not. They probably won't get it till next regularly scheduled session I guess,  whenever that is.

 

- OS

Edited August 23, 2013 by Oh Shoot

[dlm37015]

I guess Lenny is gonna find out for us.  See, he is good for something!
 
The tax thing seems like a technicality though, and I think this whole thing was to get them in a catch-22, where they could arrest him for having a prohibited firearm, but it was not a prohibited firearm based on documentation he isn't required to show them, so they could not determine that the firearm was legal.  I mean, imagine tooling around with a .50 cal machine gun on your jeep and then telling the cop to pound sand when he asks for your FA paperwork on it.  I mean, I guess in a perfect system we wouldn't need such silly things as tax stamps in the first place, but we do and it is generally not a good idea to pick a fight with a cop using technicalities.

I do this any time I go to the range with a .50 I do get stoped sometimes but as Gordon says because your tax rightd
s are protected you don't have to show them but they can ruin your day

[Fourtyfive]

Had to send my next incoming pistol to another dealer , oh well.

[TMF]

I do this any time I go to the range with a .50 I do get stoped sometimes but as Gordon says because your tax rightd
s are protected you don't have to show them but they can ruin your day

I assume you aren't telling them to pound sand though.

[DaveS]

Judge sent it to Grand Jury, who will determine if there will be a trial or not. They probably won't get it till next regularly scheduled session I guess,  whenever that is.

 

- OS

That's right OS...I wasn't thinking about that. My question should have been "when will the Grand Jury get the case?" Thanks for correcting that for me.

 

Dave