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<blockquote data-quote="ricco" data-source="post: 3595939" data-attributes="member: 46005"><p>So much of this can be Prosecutor dependent. Putting a person in fear for their life, e.g. pointing a firearm at a person can be considered Aggravated Assault. McCloskey admitted that he intended to put people in fear for their lives. The original Prosecutor didn't believe that McCloskeys life was in danger and charged him. The political motivation can and has been debated ad nauseam but is of little importance when a jury is deciding where you will spend the next several years of your life.</p><p></p><p>Another Prosecutor might see the same action as a justifiable defensive display of a firearm and not file charges. I don't think that just because McCloskey caught a break that it might not go very different for someone else.</p><p></p><p>Given that open carry is legal in Missouri, had McCloskey put his rifle on sling and not pointed it he would have had a more defendable legal position, maybe saving himself a lot of problems.</p></blockquote><p></p>
[QUOTE="ricco, post: 3595939, member: 46005"] So much of this can be Prosecutor dependent. Putting a person in fear for their life, e.g. pointing a firearm at a person can be considered Aggravated Assault. McCloskey admitted that he intended to put people in fear for their lives. The original Prosecutor didn't believe that McCloskeys life was in danger and charged him. The political motivation can and has been debated ad nauseam but is of little importance when a jury is deciding where you will spend the next several years of your life. Another Prosecutor might see the same action as a justifiable defensive display of a firearm and not file charges. I don't think that just because McCloskey caught a break that it might not go very different for someone else. Given that open carry is legal in Missouri, had McCloskey put his rifle on sling and not pointed it he would have had a more defendable legal position, maybe saving himself a lot of problems. [/QUOTE]
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