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No felony charges for Black Friday pepper spray suspect

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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 01:20 PM
Original message
No felony charges for Black Friday pepper spray suspect
Source: CNN

A southern California woman accused of pepper-spraying video-game shoppers in a Walmart on Black Friday will not face felony charges, prosecutors said.

"We have reviewed the evidence, and made the determination that it did not rise to the level of a felony filing. We referred the case to the City Attorney's office for consideration of misdemeanor charges," said Sandi Gibbons, a spokeswoman for the Los Angeles District Attorney's Office Thursday.

The incident at a Walmart in the neighborhood of Porter Ranch made national headlines.

Elizabeth Macias, 32, is accused of dousing fellow shoppers with the irritant as people were grabbing for Xbox video game consoles, police said.

Read more: http://www.cnn.com/2011/12/09/justice/california-pepper...
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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 01:46 PM
Response to Original message
1. Thank GOD I got Out of California
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Iggo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 01:55 PM
Response to Reply #1
3. Yeah, we suck.
Others are way better than we are.
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 02:27 PM
Response to Reply #1
10. Odd, I moved TO CA from Ann Arbor when I was very young
and haven't stepped back in Michigan since I finished kindergarten in the summer of 1997.
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ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 01:55 PM
Response to Original message
2. They don't want to admit that pepper spraying
is a violent assault.
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Iggo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 01:56 PM
Response to Reply #2
4. Interesting interpretation.
I like it.
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appleannie1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 01:58 PM
Response to Reply #2
5. That is exactly it. If they did they would have to admit that cops the the ones doing the assaultin
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freefall Donating Member (617 posts) Send PM | Profile | Ignore Fri Dec-09-11 01:58 PM
Original message
Yup!
I think you nailed that one.
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freefall Donating Member (617 posts) Send PM | Profile | Ignore Fri Dec-09-11 01:58 PM
Response to Reply #2
6. Yup!
I think you nailed that one.
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JoeyT Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 02:26 PM
Response to Reply #2
9. +1
Charging her with a felony would go against years of propaganda. All that money spent convincing people pepper spray is perfectly harmless would be wasted.
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 02:49 PM
Response to Reply #2
13. Maybe this woman should become a police officer!
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Fantastic Anarchist Donating Member (953 posts) Send PM | Profile | Ignore Fri Dec-09-11 02:58 PM
Response to Reply #2
14. I thought the same thing.
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Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 03:02 PM
Response to Reply #2
15. Under California law, even violent assault is charged as a misdemeanor.
Edited on Fri Dec-09-11 03:05 PM by Xithras
You don't know me from Adam, but if we're walking down a sidewalk toward each other, and I haul off and punch you in the jaw without provocation or warning, that would qualify as either midemeanor Assault or Simple Battery under California law (both of which carry sentences of up to 6 months in prison).

In order to rise to a felony, the assault would need to meet additional legal requirements such as "great bodily injury", or the use of a "deadly weapon", or a combination with another crime (assault during robbery or rape), or a history of past assault convictions. Simply assaulting and injuring someone isn't enough to qualify as a felony on it's own, unless the injuries are serious enough to pass the "great bodily injury" threshold.

Pepper spray is nasty, but it's not lethal and wouldn't qualify as a deadly weapon. Pepper spray hurts, but it doesn't leave permanent injury, break bones, or require surgical intervention to correct. Assuming that she hasn't done this before, they legally couldn't charge her with a felony. It would be stupid to even try, because no prosecutor could ever prove that her actions rose to the legal requirements of that charge.
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Shoe Horn Donating Member (54 posts) Send PM | Profile | Ignore Fri Dec-09-11 06:24 PM
Response to Reply #2
23. exactamundo!
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A Simple Game Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 06:53 PM
Response to Reply #2
24. True, that and it is hard to just fine someone for a felony,
not so with a misdemeanor.

No jail space in California..
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Lance_Boyle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 02:13 PM
Response to Original message
7. Nonsense.
Had this been a man he would have been arrested on the spot.

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mikeytherat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 02:23 PM
Response to Original message
8. Police are not sure if she acted in self-defense, yet afterward she took her items to checkout,
bought them and left the store?

mikey_the_rat
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 02:33 PM
Response to Original message
11. The police probably determined that some man drove her to do it, so it's not her fault
:argh:
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nobodyspecial Donating Member (309 posts) Send PM | Profile | Ignore Fri Dec-09-11 03:47 PM
Response to Reply #11
18. Wow, where the hell did that come from?
How does that even remotely apply in this case? Sorry for your past/current difficulties with women, but there's no reason to be so hostile.
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left coaster Donating Member (938 posts) Send PM | Profile | Ignore Fri Dec-09-11 06:17 PM
Response to Reply #11
22. Get professional help. Seriously. nt
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-10-11 09:40 PM
Response to Reply #11
25. Holy shit!
Sexist much? Where in the fuck did that come from?
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Dreamer Tatum Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 02:42 PM
Response to Original message
12. A shitty thing to do doesn't equal felony. I do hope she gets a misdemeanor. nt
Edited on Fri Dec-09-11 02:43 PM by Dreamer Tatum
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blackspade Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 03:07 PM
Response to Reply #12
16. Cutting in line is a shitty thing to do.
Pepper spraying is no different from me punching someone in the gut.

In other words an assault.
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russspeakeasy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 03:44 PM
Response to Reply #16
17. Yup ! Good analogy.
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Dreamer Tatum Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 04:38 PM
Response to Reply #16
19. Agreed: misdemeanor assault. nt
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blackspade Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 04:58 PM
Response to Reply #19
20. How is an assault with intent to cause injury a "misdemeanor"
in your book?

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24601 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-11 06:13 PM
Response to Original message
21. Is it to much to hope that the merchandise she bought on
Black Friday has been impounded as evidence? There should be some way to ensure the consequences don't reward her greed.

With Attorneys fees, court costs, etc, that bargain XBox should run her at least double MSRP.
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Downwinder Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-10-11 11:05 PM
Response to Original message
26. Does this mean that protesters can use pepper spray?
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DotGone Donating Member (53 posts) Send PM | Profile | Ignore Sun Dec-11-11 01:10 AM
Response to Original message
27. She was just feeding her fellow shoppers
All that pushing and shoving for the $2 waffle maker expends a lot of energy. She was just giving them a little food product to replenish their energy.
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