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Concealed Carrier Saved An Officer Under Attack

Grapeshot

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There are times when being a good witness is not enough.
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solus

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olde news as the event occurred a year ago

29 july 16 blaze quote An Ohio man with a concealed carry permit was presented Monday with a Citizens Award of Valor for coming to the aid of police officer under attack last year. unquote

ipse

added...not sure why mt veron waited a year, but hey, better late than never...or the publicity was timed such to get biggest sympathy

not sure how a nice small town le allows himself to get close enough to homeless suspect to allow them to overpower the small town le in the first place...just saying
 
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color of law

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This was very reckless of the CCer. And lucky.
You may want to rethink your statement here in Ohio.
2921.23 Failure to aid a law enforcement officer.

(A) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.

(B) Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.
 

color of law

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2901.22 Degrees of culpability attached to mental states.
(D) A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that such circumstances may exist.
The guy could have been charged with failure to aid.
 

solus

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concealed is concealed!!

unless JQPublic citizen steps up and broadcasts after the fact...'i could've helped but didn't cuz...' who would know...

no worse than someone highly trained as paramedic, is off duty w/equipment in vehicle and doesn't stop at an accident... JQPublic citizen/paramedic must live with their decision per se.

and for a minor misdemeanor...

the term reckless still might be applicable...

state of NC, pointing a firearm at someone is against the law, it could leave you open to have to defend yourself if a suit is brought against you ~ homeless or not...

as previously stated...self and loved ones, ONLY!!

ipse
 

Grapeshot

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The guy could have been charged with failure to aid.
I think that is a bit of a stretch.

2921.23 Failure to aid a law enforcement officer.
No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.
http://codes.ohio.gov/orc/2921.23
 
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twoskinsonemanns

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You may want to rethink your statement here in Ohio.

Was it mentioned that the cop asked him for help? Cause I don't see it.
Even if he did you are taking a much bigger chance butting in. If another cop came to the first cops aid just in time to see john-q-hero pointing a gun down at the two brawling he's just as likely to be murdered on the spot.
And then charged with attempted murder on a cop posthumously. :eek:
 

color of law

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I think that is a bit of a stretch.

2921.23 Failure to aid a law enforcement officer.
No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.
http://codes.ohio.gov/orc/2921.23
No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.

The officer does not have to ask for assistance.

By the way, I cannot find any case law where someone appealed a conviction under this statute. I'm betting no one has ever been prosecuted under this statute.
 

color of law

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Was it mentioned that the cop asked him for help? Cause I don't see it.
Even if he did you are taking a much bigger chance butting in. If another cop came to the first cops aid just in time to see john-q-hero pointing a gun down at the two brawling he's just as likely to be murdered on the spot.
And then charged with attempted murder on a cop posthumously. :eek:
From what I read the cop never asked for assistance. See my above comment.

Also, I agree with you as far as taking a chance of getting shot by another cop.
 

twoskinsonemanns

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No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.

The officer does not have to ask for assistance.

By the way, I cannot find any case law where someone appealed a conviction under this statute. I'm betting no one has ever been prosecuted under this statute.

Not that it's worth arguing about but I disagree with the way you're reading it.

And even if I'm wrong count me out. :)
 

JoeSparky

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It only took a year for officials to recognize the citizen's good deed.
Sarcasm follows--- It took that long for the in-depth investigation of the good guy who came to the officer's aid and to make sure his gun was really his, lawfully in his possession, and not stolen, and finally to make sure he wasn't really a friend or aquaintance of the meth head!

Sent from my LG-D851 using Tapatalk
 
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color of law

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Not that it's worth arguing about but I disagree with the way you're reading it.

And even if I'm wrong count me out. :)
The law and the courts say that every word and punctuation is not superfluous. For the statute to mean what you want it to mean then words and punctuation would have to be removed to get the result you want. For your result the statute would read:

No person shall negligently refuse to aid a law enforcement officer when called upon for assistance in apprehending or detaining an offender when such aid can be given without a substantial risk of physical harm to the person giving it.

Why would you add words and punctuation that is not needed?
 

twoskinsonemanns

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Why would you add words and punctuation that is not needed?
"No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it."

pfft I dunno. Why would the law say you're only obligated to help the preventing or halting the commission of an offense if you're asked to but you're obligated to help in apprehending or detaining an offender even if not asked?
Makes no sense to me.

Just so I'm clear... You're saying everyone around is required to help a cop apprehend or detain an offender whether or not they are asked to and whether or not he needs it?
 

color of law

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"No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it."

pfft I dunno. Why would the law say you're only obligated to help the preventing or halting the commission of an offense if you're asked to but you're obligated to help in apprehending or detaining an offender even if not asked?
Makes no sense to me.

Just so I'm clear... You're saying everyone around is required to help a cop apprehend or detain an offender whether or not they are asked to and whether or not he needs it?
No, I didn't say that, the law says that,. But only if substantial risk of physical harm will not result.

It's a crime to harbor a wanted criminal, period. The law doesn't say you only report it if asked to.
 
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