Felony snowball throwing????

[retdetsgt]

I've been pelted with snowballs when I was working and didn't have a lot of humor about it. I can see arresting them, but charging them with felonies?????


Felony Snowball Tossing Charges Lodged - February 9, 2010

[GoDirectly2Jail]

This is the section they were charged under:

§ 18.2-154. Shooting at or throwing missiles, etc., at train, car, vessel, etc.; penalty.

Any person who maliciously shoots at, or maliciously throws any missile at or against, any train or cars on any railroad or other transportation company or any vessel or other watercraft, or any motor vehicle or other vehicles when occupied by one or more persons, whereby the life of any person on such train, car, vessel, or other watercraft, or in such motor vehicle or other vehicle, may be put in peril, is guilty of a Class 4 felony. In the event of the death of any such person, resulting from such malicious shooting or throwing, the person so offending is guilty of murder in the second degree. However, if the homicide is willful, deliberate and premeditated, he is guilty of murder in the first degree.

If any such act is committed unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony and, in the event of the death of any such person, resulting from such unlawful act, the person so offending is guilty of involuntary manslaughter.

If any person commits a violation of this section by maliciously or unlawfully shooting, with a firearm, at a conspicuously marked law-enforcement, fire or rescue squad vehicle, ambulance or any other emergency medical vehicle, the sentence imposed shall include a mandatory minimum term of imprisonment of one year.

(Code 1950, § 18.1-152; 1960, c. 358; 1975, cc. 14, 15; 1990, c. 426; 2004, c. 461; 2005, c. 143.)

The General Assembly wasn't really thinking about snowballs when this one was crafted, and is really designed for rocks off of bridges onto the highway, and that sort of thing.

That said, snowballs onto the windshield of a moving car can impair vision, and cause an accident. If a window is down, a hard-packed snowball can split skin or knock the driver senseless.

Although in the midst of a blizzard, the officers were probably not responding at any kind of speed at all. Probably creeping up in fact. It may be difficult for the officers testify that the act of snowball throwing against their car put the officer's lives in peril in those conditions.

[Sgt. Slaughter]

That's retarded. Their statute states the action has to place a person's life in peril. Snowballs? SERIOUSLY?

Aye, carumba.

Sorry, GoDirectly2Jail. Looks like I was typing at the same time you were. I agree with your assessment.

[retdetsgt]

Was the snow plow operator in an open cab where he was endangered? I seriously doubt we would even dispatch a car to a call where a snow plow driver was whining about his plow getting pelted with snowballs.

When I was an FTO, I was training this moron on swing shift who started to turn onto a street where a bunch of high school kids were having a snowball fight. I told him not to, but he did anyway. Sure as hell, we got blasted with snowballs.

Then he started to get out of the car and I yelled at him again. Once more he didn't listen and the kids had their way with him. He jumped back in the car covered with snow and started to reach for the radio to call for backup and I turned the radio off. I really climbed his frame and told him to get the hell out of there. The last thing we needed was a mini riot with a bunch of kids over snowballs. Besides, I would have never lived it down with my peers.

Only rookie I ever wrote an unsatisfactory evaluation on (that was only a sample of his stupidity). Thankfully, he was canned just before his probationary time was up.

[Safety Steve]

Good gosh! How stupid!

I don't know how other state laws are written, but down here they were written based on what a reasonable and prudent person would do. IMO, I don't think a reasonable and prudent person would have made the arrests.

I wonder if they took the felons down at gun point?

Be Safe.

[greg72982]

Our statute is a little more specific:

§ 2707. Propulsion of missiles into an occupied vehicle or onto
a roadway.
(a) Occupied vehicles.--Whoever intentionally throws, shoots
or propels a rock, stone, brick, or piece of iron, steel or
other like metal, or any deadly or dangerous missile, or fire
bomb, into a vehicle or instrumentality of public transportation
that is occupied by one or more persons commits a misdemeanor of
the first degree.
(b) Roadways.--Whoever intentionally throws, shoots, drops
or causes to be propelled any solid object, from an overpass or
any other location adjacent to or on a roadway, onto or toward
said roadway shall be guilty of a misdemeanor of the second
degree.

That's a summary disorderly conduct here.

[Adrenolize]

I've been pelted with snowballs when I was working and didn't have a lot of humor about it. I can see arresting them, but charging them with felonies?????


Felony Snowball Tossing Charges Lodged - February 9, 2010

I think they used something with 'Missiles' in the terminology. I'd say that is the mother of all POP charges I have seen. I don't want to judge the officers, as there is always more to it than what you read in the press (especially these days). I think I saw that the officers were plain clothes at the time.

I guess God had me in mind when he didn't send snow to Texas in my college days. I'd still be in court...

[GoDirectly2Jail]

I agree. A disorderly conduct charge would have been more appropriate.

[steve03]

That's ridiculous. If I throw a snowball at someone I won't even be charged with a felony. So, it will be almost impossible for you to find a decent job because you were young and stupid and threw a snowball at someones car? Why doesn't a DUI carry a life sentence than? disorderly conduct seems more decent. It is more of an annoyance than a serious crime.

[Samuel]

I was a little league pitcher back in the day and was able to throw in the mid 60's as a kid. I am also very familiar with snow and making snowballs/iceballs. When I was 21, although I never tested it, I wouldn't have been surprised if I could have cracked windshields or shattered side windows by throwing snowballs. If I was 21 and had been throwing at a person, I definitely could have sent someone to the hospital.

Difference is, when I was 21, I knew better than to throw things at people for no good reason, ESPECIALLY if they were driving a moving vehicle (which they could lose control over and cause a serious accident).

CA vehicle code
23110. (a) Any person who throws any substance at a vehicle or any
occupant thereof on a highway is guilty of a misdemeanor.
(b) Any person who with intent to do great bodily injury
maliciously and willfully throws or projects any rock, brick, bottle,
metal or other missile, or projects any other substance capable of
doing serious bodily harm at such vehicle or occupant thereof is
guilty of a felony and upon conviction shall be punished by
imprisonment in the state prison.

Screw those two idiots who got arrested!

[Ispbear]

I wonder if they were regular snow balls, or if they had been frozen, basically making them no different than a baseball?

[retdetsgt]

I wonder if they were regular snow balls, or if they had been frozen, basically making them no different than a baseball?

The last page is the press release where it says they were throwing "shovelfuls of snow" at the snowplow and the unmarked police car. They then threw snow inside the police car when the cops exited. No mention of ice or damage to either vehicle. The "shovelfuls" could be an exaggeration.

I suspect the damage was to the egos of the two cops.

Charging them with a crime is one thing, but saddling someone with felonies for the rest of their lives for this is pure bull****, IMO.

[Lawson]

Charging them with a crime is one thing, but saddling someone with felonies for the rest of their lives for this is pure bull****, IMO.

How are we going to win the war on terror with attitudes like this?

[retdetsgt]

How are we going to win the war on terror with attitudes like this?

True. There is always the danger they will escalate into suicide snowbombers.

[Samuel]

The last page is the press release where it says they were throwing "shovelfuls of snow" at the snowplow and the unmarked police car. They then threw snow inside the police car when the cops exited. No mention of ice or damage to either vehicle. The "shovelfuls" could be an exaggeration.

I suspect the damage was to the egos of the two cops.

It IS possible that the suspects talked themselves into going to jail...