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By ScouseJohnny ·
Lawyer up, Scottie. 508.025 Assault in the third degree. (1) A person is guilty of assault in the third degree when the actor: (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to: 1. A state, county, city, or federal peace officer. (2) (a) For a violation of subsection (1)(a) of this section, assault in the third degree is a Class D felony. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53982 For what it's worth, I think the newspapers are misreporting the charges. Kentucky seems to bundle assaults against "protected victims" (including peace officers) into s.508.025 - Assault in the third degree. Second degree assault on police isn't mentioned in the state penal code. The assumption would be for the higher level of assault (second degree), the fact that the victim was a police officer would be an aggravating factor in sentencing? -
By GolfLug ·
Well, in the least it implies intention. Unless this cop looks like a TP5, I just don't see it. Anyway he seems to rolling along just fine. Good for him. -
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By iacas ·
Assault is not battery. Assault is just the threat or implication. Assault doesn't take much, let's put it that way. -
By GolfLug ·
I completely buy that explanation. I just don't see how Scottie could have 'assaulted' an officer in any sense of the word. It's not like he was trying to escape a possible DUI or a committed robbery. Not that he is not accountable (there certainly should be some sort of prosecution from the looks of it) but, as someone posted earlier, LPD/State of KY will most probably not miss out on the opportune payday. If they do as I think they will, then that will be one state that I can drop off my list of places to retire.
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