Another nasty holiday season on RBT

On 18/01/2019 3:54 p.m., jbeattie wrote:
On Friday, January 18, 2019 at 7:13:56 AM UTC-8, wrote:
On Thursday, January 17, 2019 at 4:56:09 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Thursday, January 17, 2019 at 1:33:53 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 8:42:52 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Wednesday, January 16, 2019 at 4:04:05 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 7:25:47 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 9:56:58 AM UTC-5, wrote:
On Wednesday, January 16, 2019 at 2:15:27 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 5:06:44 AM UTC-5, Andre Jute wrote:
Now that was another nasty holiday season on RBT -- and we're no
for'arder than the smug selfsatisfaction of the usual bullies and undesirables.

Andre Jute
Congratulations

So go away already!

Cheers
I'd be willing to bet that I would drop you with one punch. But just
to make sure I'd hit you a half dozen times before you could fall.
Funny thing boxing, the reaction times are built into the muscles and
you have to hold it back rather than concentrate on trying to use it.

I'd REALLY like to see you try!

Cheers

Any time you're in Oakland just let me know.

What is this? The fifth grade?

-- Jay Beattie.


Not even...

I promised myself in grade school to never take any crap off of people
like you. And I never have. And I have always been the one to walk away
from someone laying on the ground. So maybe you think you can change
that record; I'm ready, willing and able.

Fascinating. You sound like all the dopes I see down at criminal call
with oppositional defiant disorder.
https://www.additudemag.com/oppositi...der-in-adults/ You
may live in a **** hole now, but I can guaranty you that going to county
jail on a menacing charge is worse -- or going to prison on Assault 2 if
you actually connect. You meet Ralph on the street, you give him
Christian love, because we all know you are a Christian.

-- Jay Beattie.

I haven't been in a fistfight since elementary school, so I'm quite willing
to concede the title of "Baddest mofo in all of Oakland" to Tom. However, I
thought we weren't supposed to talk about fight club.

I'm far more interested in Jay's supposed legal talent when he believes that my launching a challenge and you taking it up to the point of coming here would constitute any sort of assault on my part. I have to wonder if Jay's entire practice isn't writing wills for old ladies.

Is there a problem with writing wills for old ladies? Old ladies need wills, too. Do you not like old ladies?

I don't do criminal. Civil trial assignments occur after criminal call, so my view of criminals has been while waiting for trial assignments -- and in court when they inevitably get dragged into an on-going civil trial or motion for sentencing, probation violations, pleas, etc. Judges take breaks to do these criminal spot jobs, and you get to see the jump-suit and shackle crowd traipse into the court room. It's like the orange ghost of Christmas past. I used to see lots of criminals when I worked ambulance and even worked with a few.

I know the assault statutes. You swing and miss, its attempted assault 2, assuming you intend serious physical injury -- which you apparently do. I even know assault in Washington. Don't get drunk and shoot someone. https://www.leagle.com/decision/inwaco20171213j15 In that case, I represented a bar on an over-service case and won. A huge victory for sports bars! Woohooo! If you get drunk at a Washington bar and shoot someone with a 1911, don't blame it on the bar. BTW, I've had a lot of stupid gun cases and even represented two big manufacturers who we all know and some cartridge manufacturers as well -- and I've already regaled you with my tank and cannon stories.

-- Jay Beattie.


Not that I care that much but out of curiosity, isn't uttering threats
still an actionable offense? I mean I know that with the Donald things
have changed...

On 1/18/2019 3:07 PM, Duane wrote:
On 18/01/2019 3:54 p.m., jbeattie wrote:
On Friday, January 18, 2019 at 7:13:56 AM UTC-8,
wrote:
On Thursday, January 17, 2019 at 4:56:09 PM UTC-8, Ralph
Barone wrote:
jbeattie wrote:
On Thursday, January 17, 2019 at 1:33:53 PM UTC-8,
wrote:
On Wednesday, January 16, 2019 at 8:42:52 PM UTC-8,
Ralph Barone wrote:
jbeattie wrote:
On Wednesday, January 16, 2019 at 4:04:05 PM UTC-8,
wrote:
On Wednesday, January 16, 2019 at 7:25:47 AM UTC-8,
Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 9:56:58 AM
UTC-5, wrote:
On Wednesday, January 16, 2019 at 2:15:27 AM
UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 5:06:44 AM
UTC-5, Andre Jute wrote:
Now that was another nasty holiday season on
RBT -- and we're no
for'arder than the smug selfsatisfaction of the
usual bullies and undesirables.

Andre Jute
Congratulations

So go away already!

Cheers
I'd be willing to bet that I would drop you with
one punch. But just
to make sure I'd hit you a half dozen times
before you could fall.
Funny thing boxing, the reaction times are built
into the muscles and
you have to hold it back rather than concentrate
on trying to use it.

I'd REALLY like to see you try!

Cheers

Any time you're in Oakland just let me know.

What is this? The fifth grade?

-- Jay Beattie.


Not even...

I promised myself in grade school to never take any
crap off of people
like you. And I never have. And I have always been the
one to walk away
from someone laying on the ground. So maybe you think
you can change
that record; I'm ready, willing and able.

Fascinating. You sound like all the dopes I see down at
criminal call
with oppositional defiant disorder.
https://www.additudemag.com/oppositi...der-in-adults/
You
may live in a **** hole now, but I can guaranty you
that going to county
jail on a menacing charge is worse -- or going to
prison on Assault 2 if
you actually connect. You meet Ralph on the street, you
give him
Christian love, because we all know you are a Christian.

-- Jay Beattie.

I haven't been in a fistfight since elementary school,
so I'm quite willing
to concede the title of "Baddest mofo in all of Oakland"
to Tom. However, I
thought we weren't supposed to talk about fight club.

I'm far more interested in Jay's supposed legal talent
when he believes that my launching a challenge and you
taking it up to the point of coming here would constitute
any sort of assault on my part. I have to wonder if Jay's
entire practice isn't writing wills for old ladies.

Is there a problem with writing wills for old ladies? Old
ladies need wills, too. Do you not like old ladies?

I don't do criminal. Civil trial assignments occur after
criminal call, so my view of criminals has been while
waiting for trial assignments -- and in court when they
inevitably get dragged into an on-going civil trial or
motion for sentencing, probation violations, pleas, etc.
Judges take breaks to do these criminal spot jobs, and you
get to see the jump-suit and shackle crowd traipse into
the court room. It's like the orange ghost of Christmas
past. I used to see lots of criminals when I worked
ambulance and even worked with a few.

I know the assault statutes. You swing and miss, its
attempted assault 2, assuming you intend serious physical
injury -- which you apparently do. I even know assault in
Washington. Don't get drunk and shoot someone.
https://www.leagle.com/decision/inwaco20171213j15 In that
case, I represented a bar on an over-service case and
won. A huge victory for sports bars! Woohooo! If you get
drunk at a Washington bar and shoot someone with a 1911,
don't blame it on the bar. BTW, I've had a lot of stupid
gun cases and even represented two big manufacturers who
we all know and some cartridge manufacturers as well --
and I've already regaled you with my tank and cannon stories.

-- Jay Beattie.


Not that I care that much but out of curiosity, isn't
uttering threats still an actionable offense? I mean I know
that with the Donald things have changed...

??
In which State does DJT write criminal statutes?


--
Andrew Muzi
www.yellowjersey.org/
Open every day since 1 April, 1971

On 1/18/2019 3:49 PM, wrote:
On Friday, January 18, 2019 at 8:58:26 AM UTC-8, Frank Krygowski wrote:
On 1/18/2019 11:05 AM, wrote:
On Thursday, January 17, 2019 at 8:01:13 PM UTC-8, Frank Krygowski wrote:
On 1/17/2019 5:03 PM, wrote:


Tell us Jay - how do you like living in the second most dangerous city in the country?


Tom, did you miss this?
https://en.wikipedia.org/wiki/List_o..._by_crime_rate

Or do you not understand how to read the numbers?


--
- Frank Krygowski

This is why I think you're a moron Frank. Pure numbers of crimes do not indicate CRIME RATE.

sigh The table has this title: "Crime rates per 100,000 people"

So you really did not understand how to read the numbers. I'm sorry, but
you're sinking fast.


--
- Frank Krygowski

The overall crime rate in Seattle is 115% higher than the national average. For every 100,000 people, there are 16.72 daily crimes that occur in Seattle. Seattle is safer than 9% of the cities in the United States. In Seattle you have a 1 in 17 chance of becoming a victim of any crime.

The overall crime rate in Detroit is 105% higher than the national average. For every 100,000 people, there are 16.04 daily crimes that occur in Detroit. Detroit is safer than 4% of the cities in the United States. In Detroit you have a 1 in 18 chance of becoming a victim of any crime.

The overall crime rate in Chicago is 35% higher than the national average. For every 100,000 people, there are 10.55 daily crimes that occur in Chicago. Chicago is safer than 6% of the cities in the United States. In Chicago you have a 1 in 26 chance of becoming a victim of any crime.

The overall crime rate in New York is 28% lower than the national average. For every 100,000 people, there are 5.58 daily crimes that occur in New York. New York is safer than 22% of the cities in the United States. In New York you have a 1 in 50 chance of becoming a victim of any crime.

Tell you what Frank, tell us how you've got a real tight hold on things. You don't seem to understand how statistics work and I'm certainly glad I never had a child educated by you.

People will probably notice that I gave a link to my source of data. As
usual, you gave no link to data. But I suppose the voices in your head
don't have a URL.

Why don't you comment on what I linked with this URL?
https://en.wikipedia.org/wiki/List_o..._by_crime_rate

And BTW, you _still_ seem to be fixating on Seattle, as if Jay lives
there. You've probably forgotten that he lives in Portland instead. They
are not the same city, you know.

.... or you _should_ know.

If you're taking your meds, it's probably time to have them adjusted.

--
- Frank Krygowski

On Friday, January 18, 2019 at 1:07:39 PM UTC-8, duane wrote:
On 18/01/2019 3:54 p.m., jbeattie wrote:
On Friday, January 18, 2019 at 7:13:56 AM UTC-8, wrote:
On Thursday, January 17, 2019 at 4:56:09 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Thursday, January 17, 2019 at 1:33:53 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 8:42:52 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Wednesday, January 16, 2019 at 4:04:05 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 7:25:47 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 9:56:58 AM UTC-5, wrote:
On Wednesday, January 16, 2019 at 2:15:27 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 5:06:44 AM UTC-5, Andre Jute wrote:
Now that was another nasty holiday season on RBT -- and we're no
for'arder than the smug selfsatisfaction of the usual bullies and undesirables.

Andre Jute
Congratulations

So go away already!

Cheers
I'd be willing to bet that I would drop you with one punch. But just
to make sure I'd hit you a half dozen times before you could fall.
Funny thing boxing, the reaction times are built into the muscles and
you have to hold it back rather than concentrate on trying to use it.

I'd REALLY like to see you try!

Cheers

Any time you're in Oakland just let me know.

What is this? The fifth grade?

-- Jay Beattie.


Not even...

I promised myself in grade school to never take any crap off of people
like you. And I never have. And I have always been the one to walk away
from someone laying on the ground. So maybe you think you can change
that record; I'm ready, willing and able.

Fascinating. You sound like all the dopes I see down at criminal call
with oppositional defiant disorder.
https://www.additudemag.com/oppositi...der-in-adults/ You
may live in a **** hole now, but I can guaranty you that going to county
jail on a menacing charge is worse -- or going to prison on Assault 2 if
you actually connect. You meet Ralph on the street, you give him
Christian love, because we all know you are a Christian.

-- Jay Beattie.

I haven't been in a fistfight since elementary school, so I'm quite willing
to concede the title of "Baddest mofo in all of Oakland" to Tom. However, I
thought we weren't supposed to talk about fight club.

I'm far more interested in Jay's supposed legal talent when he believes that my launching a challenge and you taking it up to the point of coming here would constitute any sort of assault on my part. I have to wonder if Jay's entire practice isn't writing wills for old ladies.

Is there a problem with writing wills for old ladies? Old ladies need wills, too. Do you not like old ladies?

I don't do criminal. Civil trial assignments occur after criminal call, so my view of criminals has been while waiting for trial assignments -- and in court when they inevitably get dragged into an on-going civil trial or motion for sentencing, probation violations, pleas, etc. Judges take breaks to do these criminal spot jobs, and you get to see the jump-suit and shackle crowd traipse into the court room. It's like the orange ghost of Christmas past. I used to see lots of criminals when I worked ambulance and even worked with a few.

I know the assault statutes. You swing and miss, its attempted assault 2, assuming you intend serious physical injury -- which you apparently do. I even know assault in Washington. Don't get drunk and shoot someone. https://www.leagle.com/decision/inwaco20171213j15 In that case, I represented a bar on an over-service case and won. A huge victory for sports bars! Woohooo! If you get drunk at a Washington bar and shoot someone with a 1911, don't blame it on the bar. BTW, I've had a lot of stupid gun cases and even represented two big manufacturers who we all know and some cartridge manufacturers as well -- and I've already regaled you with my tank and cannon stories.

-- Jay Beattie.


Not that I care that much but out of curiosity, isn't uttering threats
still an actionable offense? I mean I know that with the Donald things
have changed...

In Oregon its called "menacing" (as it is in many other states, too):


ORS 163.190¹

Menacing

(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]


In California, it's called "threatening" -- here's the statute:



PENAL CODE - PEN
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680] ( Part 1 enacted 1872. )
TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. )
422.
(a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

(b) For purposes of this section, “immediate family� means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(c) “Electronic communication device� includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication� has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

(Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 16. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)


IT INCLUDES WRITTEN THREATS ON NEWS GROUPS! OMG, I think we're going to have to refer Tom from criminal prosecution!

-- Jay Beattie.

On Friday, January 18, 2019 at 1:17:25 PM UTC-8, Frank Krygowski wrote:
On 1/18/2019 3:49 PM, wrote:
On Friday, January 18, 2019 at 8:58:26 AM UTC-8, Frank Krygowski wrote:
On 1/18/2019 11:05 AM, wrote:
On Thursday, January 17, 2019 at 8:01:13 PM UTC-8, Frank Krygowski wrote:
On 1/17/2019 5:03 PM, wrote:


Tell us Jay - how do you like living in the second most dangerous city in the country?


Tom, did you miss this?
https://en.wikipedia.org/wiki/List_o..._by_crime_rate

Or do you not understand how to read the numbers?


--
- Frank Krygowski

This is why I think you're a moron Frank. Pure numbers of crimes do not indicate CRIME RATE.

sigh The table has this title: "Crime rates per 100,000 people"

So you really did not understand how to read the numbers. I'm sorry, but
you're sinking fast.


--
- Frank Krygowski

The overall crime rate in Seattle is 115% higher than the national average. For every 100,000 people, there are 16.72 daily crimes that occur in Seattle. Seattle is safer than 9% of the cities in the United States. In Seattle you have a 1 in 17 chance of becoming a victim of any crime.

The overall crime rate in Detroit is 105% higher than the national average. For every 100,000 people, there are 16.04 daily crimes that occur in Detroit. Detroit is safer than 4% of the cities in the United States. In Detroit you have a 1 in 18 chance of becoming a victim of any crime.

The overall crime rate in Chicago is 35% higher than the national average. For every 100,000 people, there are 10.55 daily crimes that occur in Chicago. Chicago is safer than 6% of the cities in the United States. In Chicago you have a 1 in 26 chance of becoming a victim of any crime.

The overall crime rate in New York is 28% lower than the national average. For every 100,000 people, there are 5.58 daily crimes that occur in New York. New York is safer than 22% of the cities in the United States. In New York you have a 1 in 50 chance of becoming a victim of any crime.

Tell you what Frank, tell us how you've got a real tight hold on things.. You don't seem to understand how statistics work and I'm certainly glad I never had a child educated by you.

People will probably notice that I gave a link to my source of data. As
usual, you gave no link to data. But I suppose the voices in your head
don't have a URL.

Why don't you comment on what I linked with this URL?
https://en.wikipedia.org/wiki/List_o..._by_crime_rate

And BTW, you _still_ seem to be fixating on Seattle, as if Jay lives
there. You've probably forgotten that he lives in Portland instead. They
are not the same city, you know.

... or you _should_ know.

If you're taking your meds, it's probably time to have them adjusted.

--
- Frank Krygowski

I figured that from the wording that anyone would be able to figure that all you would have to enter is "crime rates in X" but I must apologize since that was too far beyond your capacity.

On Friday, January 18, 2019 at 1:28:06 PM UTC-8, jbeattie wrote:
On Friday, January 18, 2019 at 1:07:39 PM UTC-8, duane wrote:
On 18/01/2019 3:54 p.m., jbeattie wrote:
On Friday, January 18, 2019 at 7:13:56 AM UTC-8, wrote:
On Thursday, January 17, 2019 at 4:56:09 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Thursday, January 17, 2019 at 1:33:53 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 8:42:52 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Wednesday, January 16, 2019 at 4:04:05 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 7:25:47 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 9:56:58 AM UTC-5, wrote:
On Wednesday, January 16, 2019 at 2:15:27 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 5:06:44 AM UTC-5, Andre Jute wrote:
Now that was another nasty holiday season on RBT -- and we're no
for'arder than the smug selfsatisfaction of the usual bullies and undesirables.

Andre Jute
Congratulations

So go away already!

Cheers
I'd be willing to bet that I would drop you with one punch. But just
to make sure I'd hit you a half dozen times before you could fall.
Funny thing boxing, the reaction times are built into the muscles and
you have to hold it back rather than concentrate on trying to use it.

I'd REALLY like to see you try!

Cheers

Any time you're in Oakland just let me know.

What is this? The fifth grade?

-- Jay Beattie.


Not even...

I promised myself in grade school to never take any crap off of people
like you. And I never have. And I have always been the one to walk away
from someone laying on the ground. So maybe you think you can change
that record; I'm ready, willing and able.

Fascinating. You sound like all the dopes I see down at criminal call
with oppositional defiant disorder.
https://www.additudemag.com/oppositi...der-in-adults/ You
may live in a **** hole now, but I can guaranty you that going to county
jail on a menacing charge is worse -- or going to prison on Assault 2 if
you actually connect. You meet Ralph on the street, you give him
Christian love, because we all know you are a Christian.

-- Jay Beattie.

I haven't been in a fistfight since elementary school, so I'm quite willing
to concede the title of "Baddest mofo in all of Oakland" to Tom. However, I
thought we weren't supposed to talk about fight club.

I'm far more interested in Jay's supposed legal talent when he believes that my launching a challenge and you taking it up to the point of coming here would constitute any sort of assault on my part. I have to wonder if Jay's entire practice isn't writing wills for old ladies.

Is there a problem with writing wills for old ladies? Old ladies need wills, too. Do you not like old ladies?

I don't do criminal. Civil trial assignments occur after criminal call, so my view of criminals has been while waiting for trial assignments -- and in court when they inevitably get dragged into an on-going civil trial or motion for sentencing, probation violations, pleas, etc. Judges take breaks to do these criminal spot jobs, and you get to see the jump-suit and shackle crowd traipse into the court room. It's like the orange ghost of Christmas past. I used to see lots of criminals when I worked ambulance and even worked with a few.

I know the assault statutes. You swing and miss, its attempted assault 2, assuming you intend serious physical injury -- which you apparently do. I even know assault in Washington. Don't get drunk and shoot someone. https://www.leagle.com/decision/inwaco20171213j15 In that case, I represented a bar on an over-service case and won. A huge victory for sports bars! Woohooo! If you get drunk at a Washington bar and shoot someone with a 1911, don't blame it on the bar. BTW, I've had a lot of stupid gun cases and even represented two big manufacturers who we all know and some cartridge manufacturers as well -- and I've already regaled you with my tank and cannon stories.

-- Jay Beattie.


Not that I care that much but out of curiosity, isn't uttering threats
still an actionable offense? I mean I know that with the Donald things
have changed...

In Oregon its called "menacing" (as it is in many other states, too):


ORS 163.190¹

Menacing

(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]


In California, it's called "threatening" -- here's the statute:



PENAL CODE - PEN
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680] ( Part 1 enacted 1872. )
TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. )
422.
(a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

(b) For purposes of this section, “immediate family� means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(c) “Electronic communication device� includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication� has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

(Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 16. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)


IT INCLUDES WRITTEN THREATS ON NEWS GROUPS! OMG, I think we're going to have to refer Tom from criminal prosecution!

-- Jay Beattie.

Refer away. But remember that I have a real lawyer who would be very interested in your referral. Especially with regard to the first Amendment

On Friday, January 18, 2019 at 4:28:06 PM UTC-5, jbeattie wrote:
On Friday, January 18, 2019 at 1:07:39 PM UTC-8, duane wrote:
On 18/01/2019 3:54 p.m., jbeattie wrote:
On Friday, January 18, 2019 at 7:13:56 AM UTC-8, wrote:
On Thursday, January 17, 2019 at 4:56:09 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Thursday, January 17, 2019 at 1:33:53 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 8:42:52 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Wednesday, January 16, 2019 at 4:04:05 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 7:25:47 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 9:56:58 AM UTC-5, wrote:
On Wednesday, January 16, 2019 at 2:15:27 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 5:06:44 AM UTC-5, Andre Jute wrote:
Now that was another nasty holiday season on RBT -- and we're no
for'arder than the smug selfsatisfaction of the usual bullies and undesirables.

Andre Jute
Congratulations

So go away already!

Cheers
I'd be willing to bet that I would drop you with one punch. But just
to make sure I'd hit you a half dozen times before you could fall.
Funny thing boxing, the reaction times are built into the muscles and
you have to hold it back rather than concentrate on trying to use it.

I'd REALLY like to see you try!

Cheers

Any time you're in Oakland just let me know.

What is this? The fifth grade?

-- Jay Beattie.


Not even...

I promised myself in grade school to never take any crap off of people
like you. And I never have. And I have always been the one to walk away
from someone laying on the ground. So maybe you think you can change
that record; I'm ready, willing and able.

Fascinating. You sound like all the dopes I see down at criminal call
with oppositional defiant disorder.
https://www.additudemag.com/oppositi...der-in-adults/ You
may live in a **** hole now, but I can guaranty you that going to county
jail on a menacing charge is worse -- or going to prison on Assault 2 if
you actually connect. You meet Ralph on the street, you give him
Christian love, because we all know you are a Christian.

-- Jay Beattie.

I haven't been in a fistfight since elementary school, so I'm quite willing
to concede the title of "Baddest mofo in all of Oakland" to Tom. However, I
thought we weren't supposed to talk about fight club.

I'm far more interested in Jay's supposed legal talent when he believes that my launching a challenge and you taking it up to the point of coming here would constitute any sort of assault on my part. I have to wonder if Jay's entire practice isn't writing wills for old ladies.

Is there a problem with writing wills for old ladies? Old ladies need wills, too. Do you not like old ladies?

I don't do criminal. Civil trial assignments occur after criminal call, so my view of criminals has been while waiting for trial assignments -- and in court when they inevitably get dragged into an on-going civil trial or motion for sentencing, probation violations, pleas, etc. Judges take breaks to do these criminal spot jobs, and you get to see the jump-suit and shackle crowd traipse into the court room. It's like the orange ghost of Christmas past. I used to see lots of criminals when I worked ambulance and even worked with a few.

I know the assault statutes. You swing and miss, its attempted assault 2, assuming you intend serious physical injury -- which you apparently do. I even know assault in Washington. Don't get drunk and shoot someone. https://www.leagle.com/decision/inwaco20171213j15 In that case, I represented a bar on an over-service case and won. A huge victory for sports bars! Woohooo! If you get drunk at a Washington bar and shoot someone with a 1911, don't blame it on the bar. BTW, I've had a lot of stupid gun cases and even represented two big manufacturers who we all know and some cartridge manufacturers as well -- and I've already regaled you with my tank and cannon stories.

-- Jay Beattie.


Not that I care that much but out of curiosity, isn't uttering threats
still an actionable offense? I mean I know that with the Donald things
have changed...

In Oregon its called "menacing" (as it is in many other states, too):


ORS 163.190¹

Menacing

(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]


In California, it's called "threatening" -- here's the statute:



PENAL CODE - PEN
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680] ( Part 1 enacted 1872. )
TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. )
422.
(a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

(b) For purposes of this section, “immediate family� means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(c) “Electronic communication device� includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication� has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

(Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 16. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)


IT INCLUDES WRITTEN THREATS ON NEWS GROUPS! OMG, I think we're going to have to refer Tom from criminal prosecution!

-- Jay Beattie.

Tome should be careful about making threats online since he lives in California.

"California Penal Code 422 PC defines the crime of "criminal threats" (formerly known as terrorist threats).

https://www.shouselaw.com/criminal_threats.html

A "criminal threat" is when you threaten to kill or physically harm someone and

1. that person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family,
2. the threat is specific and unequivocal and
3. you communicate the threat verbally, in writing, or via an electronically transmitted device.1

Criminal threats can be charged whether or not you have the ability to carry out the threat...and even if you don't actually intend to execute the threat.2"

https://www.chamberslawfirmca.com/wh...alifornia-law/

"The California Penal Code makes it a crime to willfully communicate a threat to another person that would result in great physical harm or death. This is known as the crime of making criminal threats. To convict you of the crime of making criminal threats, the prosecution must prove five separate things: (1) you willfully (purposefully) threatened another person with the intent of seriously injuring or killing that person; (2) the threat was made verbally, in writing, or through electronic communication; (3) you meant for your statement to be understood as a threat, regardless if you were either able to or intended to carry the threat out;"

https://jnlawoffices.com/criminal-threats-california/

"And in the state of California, while your right to free speech fully protects the expression of your opinions, it does not extend to libel, slander, or threats of violence, and you may not intimidate another person with a threat of violence.

That’s considered “making a criminal threat,� and in California, it’s against the law.

Anyone who is accused of making a criminal threat in Southern California will need the help of an experienced Long Beach criminal defense attorney."

Cheers

On Friday, January 18, 2019 at 2:06:55 PM UTC-8, Sir Ridesalot wrote:
On Friday, January 18, 2019 at 4:28:06 PM UTC-5, jbeattie wrote:
On Friday, January 18, 2019 at 1:07:39 PM UTC-8, duane wrote:
On 18/01/2019 3:54 p.m., jbeattie wrote:
On Friday, January 18, 2019 at 7:13:56 AM UTC-8, wrote:
On Thursday, January 17, 2019 at 4:56:09 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Thursday, January 17, 2019 at 1:33:53 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 8:42:52 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Wednesday, January 16, 2019 at 4:04:05 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 7:25:47 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 9:56:58 AM UTC-5, wrote:
On Wednesday, January 16, 2019 at 2:15:27 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 5:06:44 AM UTC-5, Andre Jute wrote:
Now that was another nasty holiday season on RBT -- and we're no
for'arder than the smug selfsatisfaction of the usual bullies and undesirables.

Andre Jute
Congratulations

So go away already!

Cheers
I'd be willing to bet that I would drop you with one punch.. But just
to make sure I'd hit you a half dozen times before you could fall.
Funny thing boxing, the reaction times are built into the muscles and
you have to hold it back rather than concentrate on trying to use it.

I'd REALLY like to see you try!

Cheers

Any time you're in Oakland just let me know.

What is this? The fifth grade?

-- Jay Beattie.


Not even...

I promised myself in grade school to never take any crap off of people
like you. And I never have. And I have always been the one to walk away
from someone laying on the ground. So maybe you think you can change
that record; I'm ready, willing and able.

Fascinating. You sound like all the dopes I see down at criminal call
with oppositional defiant disorder.
https://www.additudemag.com/oppositi...der-in-adults/ You
may live in a **** hole now, but I can guaranty you that going to county
jail on a menacing charge is worse -- or going to prison on Assault 2 if
you actually connect. You meet Ralph on the street, you give him
Christian love, because we all know you are a Christian.

-- Jay Beattie.

I haven't been in a fistfight since elementary school, so I'm quite willing
to concede the title of "Baddest mofo in all of Oakland" to Tom. However, I
thought we weren't supposed to talk about fight club.

I'm far more interested in Jay's supposed legal talent when he believes that my launching a challenge and you taking it up to the point of coming here would constitute any sort of assault on my part. I have to wonder if Jay's entire practice isn't writing wills for old ladies.

Is there a problem with writing wills for old ladies? Old ladies need wills, too. Do you not like old ladies?

I don't do criminal. Civil trial assignments occur after criminal call, so my view of criminals has been while waiting for trial assignments -- and in court when they inevitably get dragged into an on-going civil trial or motion for sentencing, probation violations, pleas, etc. Judges take breaks to do these criminal spot jobs, and you get to see the jump-suit and shackle crowd traipse into the court room. It's like the orange ghost of Christmas past. I used to see lots of criminals when I worked ambulance and even worked with a few.

I know the assault statutes. You swing and miss, its attempted assault 2, assuming you intend serious physical injury -- which you apparently do. I even know assault in Washington. Don't get drunk and shoot someone. https://www.leagle.com/decision/inwaco20171213j15 In that case, I represented a bar on an over-service case and won. A huge victory for sports bars! Woohooo! If you get drunk at a Washington bar and shoot someone with a 1911, don't blame it on the bar. BTW, I've had a lot of stupid gun cases and even represented two big manufacturers who we all know and some cartridge manufacturers as well -- and I've already regaled you with my tank and cannon stories.

-- Jay Beattie.


Not that I care that much but out of curiosity, isn't uttering threats
still an actionable offense? I mean I know that with the Donald things
have changed...

In Oregon its called "menacing" (as it is in many other states, too):


ORS 163.190¹

Menacing

(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]


In California, it's called "threatening" -- here's the statute:



PENAL CODE - PEN
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680] ( Part 1 enacted 1872. )
TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. )
422.
(a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

(b) For purposes of this section, “immediate family� means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(c) “Electronic communication device� includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication� has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

(Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 16. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)


IT INCLUDES WRITTEN THREATS ON NEWS GROUPS! OMG, I think we're going to have to refer Tom from criminal prosecution!

-- Jay Beattie.

Tome should be careful about making threats online since he lives in California.

"California Penal Code 422 PC defines the crime of "criminal threats" (formerly known as terrorist threats).

https://www.shouselaw.com/criminal_threats.html

A "criminal threat" is when you threaten to kill or physically harm someone and

1. that person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family,
2. the threat is specific and unequivocal and
3. you communicate the threat verbally, in writing, or via an electronically transmitted device.1

Criminal threats can be charged whether or not you have the ability to carry out the threat...and even if you don't actually intend to execute the threat.2"

https://www.chamberslawfirmca.com/wh...alifornia-law/

"The California Penal Code makes it a crime to willfully communicate a threat to another person that would result in great physical harm or death. This is known as the crime of making criminal threats. To convict you of the crime of making criminal threats, the prosecution must prove five separate things: (1) you willfully (purposefully) threatened another person with the intent of seriously injuring or killing that person; (2) the threat was made verbally, in writing, or through electronic communication; (3) you meant for your statement to be understood as a threat, regardless if you were either able to or intended to carry the threat out;"

https://jnlawoffices.com/criminal-threats-california/

"And in the state of California, while your right to free speech fully protects the expression of your opinions, it does not extend to libel, slander, or threats of violence, and you may not intimidate another person with a threat of violence.

That’s considered “making a criminal threat,� and in California, it’s against the law.

Anyone who is accused of making a criminal threat in Southern California will need the help of an experienced Long Beach criminal defense attorney."

Cheers

And then, I say to you as well - by all means try to press any charges against me. I could use all the money you have to your name.

On Fri, 18 Jan 2019 07:13:54 -0800 (PST), wrote:

On Thursday, January 17, 2019 at 4:56:09 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Thursday, January 17, 2019 at 1:33:53 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 8:42:52 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Wednesday, January 16, 2019 at 4:04:05 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 7:25:47 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 9:56:58 AM UTC-5, wrote:
On Wednesday, January 16, 2019 at 2:15:27 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 5:06:44 AM UTC-5, Andre Jute wrote:
Now that was another nasty holiday season on RBT -- and we're no
for'arder than the smug selfsatisfaction of the usual bullies and undesirables.

Andre Jute
Congratulations

So go away already!

Cheers
I'd be willing to bet that I would drop you with one punch. But just
to make sure I'd hit you a half dozen times before you could fall.
Funny thing boxing, the reaction times are built into the muscles and
you have to hold it back rather than concentrate on trying to use it.

I'd REALLY like to see you try!

Cheers

Any time you're in Oakland just let me know.

What is this? The fifth grade?

-- Jay Beattie.


Not even...

I promised myself in grade school to never take any crap off of people
like you. And I never have. And I have always been the one to walk away
from someone laying on the ground. So maybe you think you can change
that record; I'm ready, willing and able.

Fascinating. You sound like all the dopes I see down at criminal call
with oppositional defiant disorder.
https://www.additudemag.com/oppositi...der-in-adults/ You
may live in a **** hole now, but I can guaranty you that going to county
jail on a menacing charge is worse -- or going to prison on Assault 2 if
you actually connect. You meet Ralph on the street, you give him
Christian love, because we all know you are a Christian.

-- Jay Beattie.

I haven't been in a fistfight since elementary school, so I'm quite willing
to concede the title of "Baddest mofo in all of Oakland" to Tom. However, I
thought we weren't supposed to talk about fight club.

I'm far more interested in Jay's supposed legal talent when he believes that my launching a challenge and you taking it up to the point of coming here would constitute any sort of assault on my part. I have to wonder if Jay's entire practice isn't writing wills for old ladies.

You don't have to wonder, you can look it up, You see, a lawyer's name
is on the cases that he files so it is a matter of record and can be
easily determined.

Unlike your fevered fantasies Jay's record is right out in the open
for everyone to see. Not a figment of someone's imagination.
--

Cheers,

John B.

On Friday, January 18, 2019 at 3:30:19 PM UTC-8, John B. Slocomb wrote:
On Fri, 18 Jan 2019 07:13:54 -0800 (PST), wrote:

On Thursday, January 17, 2019 at 4:56:09 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Thursday, January 17, 2019 at 1:33:53 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 8:42:52 PM UTC-8, Ralph Barone wrote:
jbeattie wrote:
On Wednesday, January 16, 2019 at 4:04:05 PM UTC-8, wrote:
On Wednesday, January 16, 2019 at 7:25:47 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 9:56:58 AM UTC-5, wrote:
On Wednesday, January 16, 2019 at 2:15:27 AM UTC-8, Sir Ridesalot wrote:
On Wednesday, January 16, 2019 at 5:06:44 AM UTC-5, Andre Jute wrote:
Now that was another nasty holiday season on RBT -- and we're no
for'arder than the smug selfsatisfaction of the usual bullies and undesirables.

Andre Jute
Congratulations

So go away already!

Cheers
I'd be willing to bet that I would drop you with one punch. But just
to make sure I'd hit you a half dozen times before you could fall.
Funny thing boxing, the reaction times are built into the muscles and
you have to hold it back rather than concentrate on trying to use it.

I'd REALLY like to see you try!

Cheers

Any time you're in Oakland just let me know.

What is this? The fifth grade?

-- Jay Beattie.


Not even...

I promised myself in grade school to never take any crap off of people
like you. And I never have. And I have always been the one to walk away
from someone laying on the ground. So maybe you think you can change
that record; I'm ready, willing and able.

Fascinating. You sound like all the dopes I see down at criminal call
with oppositional defiant disorder.
https://www.additudemag.com/oppositi...der-in-adults/ You
may live in a **** hole now, but I can guaranty you that going to county
jail on a menacing charge is worse -- or going to prison on Assault 2 if
you actually connect. You meet Ralph on the street, you give him
Christian love, because we all know you are a Christian.

-- Jay Beattie.

I haven't been in a fistfight since elementary school, so I'm quite willing
to concede the title of "Baddest mofo in all of Oakland" to Tom. However, I
thought we weren't supposed to talk about fight club.

I'm far more interested in Jay's supposed legal talent when he believes that my launching a challenge and you taking it up to the point of coming here would constitute any sort of assault on my part. I have to wonder if Jay's entire practice isn't writing wills for old ladies.

You don't have to wonder, you can look it up, You see, a lawyer's name
is on the cases that he files so it is a matter of record and can be
easily determined.

Unlike your fevered fantasies Jay's record is right out in the open
for everyone to see. Not a figment of someone's imagination.
--

Cheers,

John B.

Do you suppose I didn't know he was a product liability litigator from the second posting he ever made? My point is that his expertise in other things is painfully limited save perhaps his cycling and racing experience and he shouldn't act like it is.

Frank was a teacher. Yet he has extremely limited understanding of statistical analysis and economics so why should he be offering almost entirely incorrect opinions thereupon?

The basis of our disagreement was not because they are liberal but because they THINK they are liberal without even knowing the modern definition of that.