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re: Auburn Shooting Thread (Updated 6-12) Suspect in Custody
Posted on 6/12/12 at 7:46 pm to BamaGradinTn
Posted on 6/12/12 at 7:46 pm to BamaGradinTn
quote:
If they prosecute the guy who posted the fake twitter account, they will only compound their utter stupidity, because there's no way in hell they will ever be able to prove that the guy intentionally hindered an investigation.
Are you 100% certain he's not an acquaintance of the suspect?
1
Posted on 6/12/12 at 7:47 pm to BamaGradinTn
quote:
Go back and read the law as was posted above. Note the word "intentionally" in both sections. If they prosecute the guy who posted the fake twitter account, they will only compound their utter stupidity, because there's no way in hell they will ever be able to prove that the guy intentionally hindered an investigation.
What I was thinking.
Posted on 6/12/12 at 7:47 pm to FairhopeTider
quote:
FairhopeTider
Frmr AU Players Phillips and Christian Murdered; AU Player Eric Mack Injured
The next time you're at a movie theater, yell "fire."
It's just a prank.....
If it's some drunk college kid laughing and cutting up, I doubt seriously that one person would head for the exits. So if that's the analogy you're going for, it's not working.
Posted on 6/12/12 at 7:47 pm to RollTide1987
quote:
don't think a man in desperation, ready to make a bold last stand in the attic of someone's home would tweet about finding Christmas lights and Gameboys while waiting for the cops to raid his hiding space.
Right... but if someone thinks it's funny, and decides to copy it for attention knowing he won't get in trouble, and people think it's funny, so more people start doing it, and then the real one is on I-85 telling people that he's next to the waffle house and ready to go to Atlanta, how are you going to find it if you are reading a hundred fake woosie accounts? Why not just tell people it's a class C felony, make an effort to find the person, and warn others not to do it?
Posted on 6/12/12 at 7:48 pm to RollTide1987
quote:
But the guy did not INTENTIONALLY hinder an investigation.
Again. You're making an assumption. You have no fact to back this up at all. Other than you think he was funny and deserves a pass.
Posted on 6/12/12 at 7:49 pm to Bellabama
People on tidefans are ignorant as hell 
Posted on 6/12/12 at 7:49 pm to RollTide1987
quote:
But the guy did not INTENTIONALLY hinder an investigation.
Ignorance isn't a defense.
Posted on 6/12/12 at 7:50 pm to Alahunter
quote:
Alahunter
Frmr AU Players Phillips and Christian Murdered; AU Player Eric Mack Injured
quote:
If they prosecute the guy who posted the fake twitter account, they will only compound their utter stupidity, because there's no way in hell they will ever be able to prove that the guy intentionally hindered an investigation.
Are you 100% certain he's not an acquaintance of the suspect?
You're not paying attention, are you? If they can't prove he's an acquaintance, then they can't prove it was intentional, can they? And that burden is on them, not the guy who posted the account.
We're talking about prosecution, not merely investigating, and right now they don't have jack to prosecute the guy for. So what are they gonna do...spend a lot more time investigating something they'll never be able to prosecute...and in the end only making themselves look even more stupid?
Posted on 6/12/12 at 7:50 pm to Bellabama
quote:
Right... but if someone thinks it's funny, and decides to copy it for attention knowing he won't get in trouble, and people think it's funny, so more people start doing it, and then the real one is on I-85 telling people that he's next to the waffle house and ready to go to Atlanta, how are you going to find it if you are reading a hundred fake woosie accounts? Why not just tell people it's a class C felony, make an effort to find the person, and warn others not to do it?
Because you can't prosecute the guy unless you can prove that the dude intentionally hindered the police's investigation. Now...assuming of course that this guy is NOT a friend of the suspect (which I would almost be willing to stake my life on), and keeping in mind that people make fake twitter accounts like this all the time ("Toomer's Tree", "Johnny Depp's mustache", etc.) I think it would be safe to assume that this man/boy/girl/woman had no desire to hinder the investigation ongoing right now in Auburn and Montgomery. I think this person was attempting to make light of a sad, and tragic situation by adding humor into the tension that was prevailing over all of Alabama last night while watching the siege progress.
Posted on 6/12/12 at 7:51 pm to auburnu008
LINK
I was scared to post the picture. Might get charged. "sir, you led us to believe suspect was last wearing red and white striped shirt with matching hat"
I was scared to post the picture. Might get charged. "sir, you led us to believe suspect was last wearing red and white striped shirt with matching hat"
Posted on 6/12/12 at 7:52 pm to BamaGradinTn
quote:
If it's some drunk college kid laughing and cutting up, I doubt seriously that one person would head for the exits. So if that's the analogy you're going for, it's not working.
I meant for my example to be extreme. Yet it doesn't matter if some drunk college kid does it or not, its still illegal to do.
The people investigating these things still have to devote time to chasing these things down whether they are pranks or not.
Posted on 6/12/12 at 7:52 pm to Bellabama
quote:
Ignorance isn't a defense.
Posted on 6/12/12 at 7:53 pm to Alahunter
quote:
Alahunter
Frmr AU Players Phillips and Christian Murdered; AU Player Eric Mack Injured
quote:
But the guy did not INTENTIONALLY hinder an investigation.
Again. You're making an assumption. You have no fact to back this up at all. Other than you think he was funny and deserves a pass.
Damn right I'm making an assumption. Here's a newsflash...and I'm sure you're having a hard time grasping this...but this is America. Innocence is presumed. He doesn't HAVE to prove anything, nor do I. The state, and for the sake of this debate, YOU have to prove that it was intentional. Neither I nor the guy who posted the account have to prove shite.
Posted on 6/12/12 at 7:53 pm to FairhopeTider
quote:
The people investigating these things still have to devote time to chasing these things down whether they are pranks or not.
Ask yourself this question though, did this person deliberately try to hinder the police's investigation? That is the crux of the felony that you are accusing this person of committing. A person who screams "fire" in a theater is deliberately trying to cause a ruckus. That is why it is a felony to do that.
Posted on 6/12/12 at 7:56 pm to BamaGradinTn
Maybe they'll use this:
Section 13A-10-42 - Hindering prosecution or apprehension - Definition of "criminal assistance."
For the purposes of Sections 13A-10-43 through 13A-10- 45, a person renders "criminal assistance" to another if he:
(4) Prevents or obstructs, by means of force, deception or intimidation, anyone except a trespasser from performing an act that might aid in the discovery or apprehension of such person;
Purporting to be the suspect inadvertantly renders assistance, by diverting resources in the investigation.
I get some of you think it was lulz and funny. But really, it's not. There's a triple murderer that hasn't been apprehended, and pretending to be him, just isn't really funny at this point. Maybe when he's sitting in jail or convicted. But not now.
Section 13A-10-42 - Hindering prosecution or apprehension - Definition of "criminal assistance."
For the purposes of Sections 13A-10-43 through 13A-10- 45, a person renders "criminal assistance" to another if he:
(4) Prevents or obstructs, by means of force, deception or intimidation, anyone except a trespasser from performing an act that might aid in the discovery or apprehension of such person;
Purporting to be the suspect inadvertantly renders assistance, by diverting resources in the investigation.
I get some of you think it was lulz and funny. But really, it's not. There's a triple murderer that hasn't been apprehended, and pretending to be him, just isn't really funny at this point. Maybe when he's sitting in jail or convicted. But not now.
Posted on 6/12/12 at 7:58 pm to Alahunter
Try proving deception in a court of law. And that statute is very vague when it comes to the circumstances we have in this situation.
Posted on 6/12/12 at 7:58 pm to RollTide1987
The guy intentionally committed the act(tweets). Whether he knew it was illegal or not doesn't matter.
I am not a lawyer but am pretty sure that is what is meant.
I am not a lawyer but am pretty sure that is what is meant.
Posted on 6/12/12 at 7:58 pm to Alahunter
And exactly what act did she prevent them from performing?
This post was edited on 6/12/12 at 8:00 pm
Posted on 6/12/12 at 7:59 pm to BamaGradinTn
quote:
If it's some drunk college kid laughing and cutting up, I doubt seriously that one person would head for the exits. So if that's the analogy you're going for, it's not working.
I was in a waffle house in Atlanta and a fratty guy at the next table popped a balloon he was holding and yelled "EVERYBODY BE COOL, THIS IS A ROBBERY!!"
It was pretty funny, past the initial shock, he was clearly wasted, did it in a British accent, so anyone who'd seen Pulp Fiction knew what he was doing, and meant absolutely no harm. They arrested his arse. I don't think he had to serve time, but the fact that he was joking wasn't really a defense.
Do you not see why someone would arrest him?
Posted on 6/12/12 at 7:59 pm to RollTide1987
It all boils down to thinking before you act.If this moron would have just gotten into his car and left the party with his ego a little bruised instead of shooting unarmed kids we would not be having this discussion.I hope he is found and justice is served and the fake twitter guy should be scared a little into not doing this crap.
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