Hey folks, happy Friday<br><br>It seems to ALWAYS happen that the case goes to the jury on a Friday--late afternoon, so now we wait most of the night for a verdict. So, the facts are:<br><br>Defendant (26 year old male Hispanic) is intoxicated. Drives to a "friends" house to show off his new .22 Marlin. Throws a beer bottle on the neighbors lawn. Neighbor(40ish white male) becomes enraged and screams various epithets (including racial slurs). Verbal dispute continues and worsens. Defendant states "I am going to shoot your ass." Defendant goes to car, uncases Marlin, Loads Marlin and approaches neighbor. Neighbor (showing sense for the first time that evening) starts running like hell. Defendant chases and pops off two "warning" shots "over the head" of neighbor. Undisputed that there was no intent to kill. Defendant is charged with First Degree Recklessly Endangering Saftey showing utter disregard for life (Class D --10 year felony with a 5 year penalty enhancer for use of a firearm). Defendant argues that he is guilty only of disorderly conduct and reckless use of a weapon (misdemeanor--9 months) after presenting the testimony of his cousin that the weapon was pointed strait in the air--not at the 30-45 degree angle alleged and testified to by neighbor. Case came in pretty routinely (with brilliant cross-exam of defendant by the prosecutor--ahem, whom(who?) shall remain nameless), but no real surprises. So.....it is 4:55 p.m. CDT Friday, jury went out at at 4:35. Closest guess as to when the jury comes back and with what verdict wins the prize! Prize will be a $25 donation to ETS in the name of the winner. Vote early and often! And feel sorry for me sitting at my desk on a beautiful Friday evening ...<br><br>Robb<br><br><br>NOW would be REALLY nice to have a chat feature!

So on this fine friday with great weather, we are all supposed to get stuck inside waiting with you? <br><br>I will guess that the defendant gets off with the 9 month offense and the Jury will return in under 3 hours. This is fairly simple and the jury will be getting hungry around 8:00 CDT. If it goes past 9:00 I will vote that the Jury will go with the harsher crime. They will be grumpy that they had to miss dinner with their families.

Robb,<br><br>He'll get the minimum, assuming it's a first offense. Where is the world that Heinlein envisioned? I long for the day.<br><br>Andy

A .22 fired at any angle is a lethal projectile with over a mile range. People die or are injured every new years by celebratory discharging of firearms. I am concerned about the descriptions as a male hispanic and a white male. Did the neighbor willingly come out before or after the beer bottle was thrown and his friend's intoxicated state known? If so, he contributed to the confrontation. What ethnicity is this "white guy?" It's a racial stereotype that latinos get drunk and machismo. I bet the nieghbor was Irish. you know, quick to anger and fight. I bet he was one of THOSE PEOPLE ;O) Oh, felony, conviction 815P.M.

Perhaps 15 years is a little harsh, but the "crime" is certainly more than a misdemeanor. The defendant, at the very least, intended to scare the living H out of the "victum". Intent deserves more than misdemeanor punishment. ________________________________________________ Proverbs 21:19

As a prosecutor myself, sounds like a slam dunk on the Felony Reckless. I forgot to note where you were from, but here I think your Defendant probably would draw some prison, assuming he hit someone.<br><br>I say your jury will be out two hours. It's always a crap shoot.

PRETTY CLOSE CHRIS! <br>Jury came back at 7:55 guilty of the felony First Degree Reckless. I probably should have included that the jury is not aware of the possible penalties or even whether the charge is a felony or misdemeanor before their verdict. And NO ONE ever gets the max--or even close to it. I have seen that only twice in 15 years. More likely probation and short jail, even though a prior or two. Sentencing is June 12--I'll let you know.<br><br>So 25.00 has already been donated in your name Chris. I'll check back for advice at the next trial!<br><br>Robb

I always presumed that if I were to brandish, much less fire a weapon out of anger or intoxication and not in pure defense of life, I would be rightfully convicted of a felony and would go to the pen. Where am I going wrong?