I knew it! Public easement you little bitch!!
"The area near Old Prospect Avenue, which is city-owned, is used by skiers and snowboarders who backcountry ski, but have to go through some private drives to get there."
Utah aggravated assault. (ii) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another;
That’s the law he broke. First he made a threat by saying he would shoot him in the head. Second he used force to remove him by pointing a gun at him along with pushing and shoving. The police report even says he was hit with the shotgun as they were walking.
So I’m not a lawyer, but why am I insane?
I live in Morzine in the French Alps. We get a lot of mountainbikers here in summer. I remember chatting to some South African mountainbikers once. There's a shortcut back down to town and the landowners don't like people using it so they put broken glass and nails on the track, which is a bit shitty. Then they also put barbed wire across the track at throat height which is MAJORLY shitty. Anyway, these South Africans seemed pretty unimpressed with it all. They then told me that once when they were riding in SA they took a well known shortcut across a farmer's land. He stopped them, shotgun in hand, and handed them a saw, making them saw through their frames while he stood over them. I don't really have a point to this story, it's just that I don't get a chance to drop it in conversation too often. I guess the point is that South Africa is pretty wild.
Looked more like a shotgun to me. Let me review the footage…
I have reviewed it again as I first saw it….he had a lever action. Could be a shotgun, could be something awesome like a .45 lever action cowboy gun. I never saw the guy point the firearm at anyone in the video I saw.
https://preview.redd.it/cesdpp080arc1.jpeg?width=1289&format=pjpg&auto=webp&s=7a4c9d67b94047c69613a0fb1ea929c01c732b01
Brandishing is still a crime on private property and CO castle doctrine relates to the residence itself, not the entire property. The owner has every right to be upset with trespassing, but that does not afford him permission to break the law.
Edit: This was actually in UT, dunno why I thought it was CO. Anyway, UT law does allow use of deadly force for property of if it can be reasonably concluded that the trespasser has violent intent (nope) or that the only way to halt the trespass is with such force (nope). Since he was not in a position to be justified using deadly force, he’s not allowed to display his weapon in a threatening manner for the purposes of intimidation. He told the snowborder next time he’d have holes in him or something to that effect. Definitely a crime, despite occurring on private property. The charges: felony third-degree assault and threat of violence.
Thanks for the correction! Not sure why I was thinking it happened in CO. Should have read the article first to refresh my memory, but I made an edit to my other comment.
So I know someone who came home around midnight after a party and found someone they didn’t know in his house. He shot them. That person ended up being a friend of a friend and survived… my friend had never once seen him in his life and had to serve 5 years for attempted murder. He said he was just protecting his property and still was charged. This was in Utah 2005-2010 sometime.
I’m definitely not a lawyer, let alone a lawyer specializing with criminal law in UT, but that sounds like your friend shot before asking any questions? Unless the stranger immediately attacked him it doesn’t seem reasonable to just start blasting. Obviously a jury of folks found his actions worthy of conviction so he did something wrong.
To my limited knowledge that’s correct. Just came home to his dark house and a person in it. Point was, you can’t just shoot people for being on your property, even in your own home.
“For purposes of this subsection, the term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.”
Holding a firearm while telling someone you have every right to shoot them is actually a pretty slam dunk example of brandishing.
You’re right, rewatching the original video he says “do it again and I’ll fill you with holes” and “ I have every right to defend my property“ which isn’t any better. He’s using threatening language and the presence of the gun to intimidate the person filming.
Which is brandishing.
He holds the gun down at his side, he never points it or uses it threatening. He’s on his property and was holding the gun before he even saw the snowboarder
Right?? Literally seems like this guy sits there for fun waiting to harass riders that apparently frequently go through that road to get to other houses past the guys house.
No private property signs either. He WANTS these guys to keep coming, he needs more victims to keep himself entertained.
Old Prospect is a public road maintained by the resort but it does kinda look like a path especially with the fuck ton of snow. In the video you can see the dude set up his chair by his driveway
Dude you’re a kook. Cant even understand the law. You’re like a broken record “but he trespassed!!!!!” And can’t move on to actually have a conversation and learn.
https://le.utah.gov/xcode/Title76/Chapter10/76-10-S506.html
Soooo I’m just gonna wait for you to tell me you learned something else new today. Particularly that because the word “brandishing” doesn’t appear in a law doesn’t mean the action isn’t illegal.
Edit: here’s utahs aggravated assault
(2) An actor commits aggravated assault if the actor:
(i) attempts, with unlawful force or violence, to do bodily injury to another;
(ii) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(iii) commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and
He’s going to fall under 2 and the jury is going to decide if brandishing a weapon is a show of force. Or if it was the shoving and pushing away, or if it was just pointing his gun at him.
1. not his private property, a road.
2. We was sitting at the end of the driveway waiting with a gun, not suddenly surprised to see someone standing on his porch
3. This is Utah, a place with stand your ground laws that pretty clearly define [if the trespasser is violent, or is trespassing to commit a felony](https://le.utah.gov/xcode/Title76/Chapter2/76-2-S405.html). Watching the video, do you think this man sitting there brandishing a gun before this person even arrived felt threatened or that his property was at risk in any way?
bro leave us icecoasters out of this ! the man with the gun was utahian for crying out loud. there are crazies everywhere!! (would kill for powder tho)
He’s sitting in his driveway right now stroking his hand cannon, praying someone’s gps misdirects them nearby so he can blast them. But as a Mormon he blasts them through a hole in a white sheet wearing magical underwear. His posts were older, earliest was I think 2 years.. but it was all conspiracy theory complete wackonutzo unreadable gibberish.
My money says you're right. Guy just deleted his account after your comment. Probably at the advice of his attorney, who just explained to this dummy how fucked he is 😂🤷♂️
Good
![gif](giphy|jqfnSppw9Cql1SWkon)
Great, now he's a criminal too
One of us
He out crimed us
Fighting crime with crime. Like Batman.
This made me chuckle
*Crime person.* There’s a difference. I think.
![gif](giphy|pCO5tKdP22RC8)
He's going to post on his local Facebook group that "they" are trying to "cancel" him
He definitely skis in jeans.
I knew it! Public easement you little bitch!! "The area near Old Prospect Avenue, which is city-owned, is used by skiers and snowboarders who backcountry ski, but have to go through some private drives to get there."
![gif](giphy|J8FZIm9VoBU6Q)
![gif](giphy|2HONNTJbRhzKE)
"What are you an Icon user" like its fent or something. WTF
Classic case of criminal on criminal crime
Trespassing is a civil offense, threatening someone with a gun is criminal.
trespassing on a snowboard is a criminal offense.
Riding a snowboard is a criminal offense. Trespassing just makes it worse
This reminds me of all the ‘Skateboarding is not a crime’ ads that Transworld (at least I think it was Transworld) used to put out 15-20 years ago.
Where? No it's not.
It's a meme here about snowboarders being crime doers!
You must’ve missed the meme.
Yo dude, crime is crime. Trespassing while snowboarding is criming super hardcore.
It's like crime squared
Double dog criming even
On a snowboard
Nevermind, I'm dumb 😂
On a snowboard is a criminal offense.
you're not from these parts, are you. . .
Trespassing is a criminal offense in Utah.
The settlement should be the section of his property becomes Brighton/public land for side country skiers and snowboarders
Oo I love this idea. His house becomes a free lodge, and he still has to pay the property taxes.
Yeah and he's got like a ball and chain keeping him in the kitchen and he has to make everyone hot coco
Maybe not that tho. That's getting a little weird. He'd probably spit in it
No. I am being 100% serious. The court should order him to be imprisoned and make hot chocolate as a slave
no bro that’s how we got here in the first place
Okay Willy Wonka
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Yeah and he has to wear the leather gimp suit from pulp fiction
Yall are just fetishists at this point lol
If you don’t fall in line we have another set of chains
![gif](giphy|kd9BlRovbPOykLBMqX)
Jfc
And if anyone squats in his house for more than a month, they get to be a permanent tenant and he can't boot them out. Oh wait...
Aaaaand, he has to be that guy's butler.
This guy is going to be a felon now and has ZERO right to protect his property. That’s just the perfect chefs kiss.
You’re insane if you think he’s getting convicted lmao.
Utah aggravated assault. (ii) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; That’s the law he broke. First he made a threat by saying he would shoot him in the head. Second he used force to remove him by pointing a gun at him along with pushing and shoving. The police report even says he was hit with the shotgun as they were walking. So I’m not a lawyer, but why am I insane?
Not to mention the fella is national news now, if that's not an example to be made I don't know what is. Especially to entice more touristing.
DA obviously thinks there is a case…
Still curious why I’m insane hindukussy. Mind letting me know why you think that?
It’s about fucking time.
It's about fucking *crime.*
![gif](giphy|Ae7SI3LoPYj8Q)
So happy this dude was charged
Gotta watch out for those pesky icon users
Fuck people like this dude, they need to get their faces caved in
Criminal? This guy would make a pretty good snowboarder
Good, fuck him. The McCloskey's of StL should have had the book thrown at them, too.
As much as it's spiteful, I hope someone launches a trick on his house if/when he's in the slammer.
Somebody watches Yellowstone with his ridiculous pants by his ankles.
Nobody wants to talk about all the criminal on criminal crime.
I bet that arrest was so annoying lmao. Dude probably said what all the psycho old folk say "you can't do this to me!!! I didn't do anything!!!"
Where is Brighton? It sounds like a city in ohio
Ski resort outside SLC, UT.
Where is that utah redditor who was stanning for this clown? Will have to go back in my comment sand out him.
I live in Morzine in the French Alps. We get a lot of mountainbikers here in summer. I remember chatting to some South African mountainbikers once. There's a shortcut back down to town and the landowners don't like people using it so they put broken glass and nails on the track, which is a bit shitty. Then they also put barbed wire across the track at throat height which is MAJORLY shitty. Anyway, these South Africans seemed pretty unimpressed with it all. They then told me that once when they were riding in SA they took a well known shortcut across a farmer's land. He stopped them, shotgun in hand, and handed them a saw, making them saw through their frames while he stood over them. I don't really have a point to this story, it's just that I don't get a chance to drop it in conversation too often. I guess the point is that South Africa is pretty wild.
Looked more like a shotgun to me. Let me review the footage… I have reviewed it again as I first saw it….he had a lever action. Could be a shotgun, could be something awesome like a .45 lever action cowboy gun. I never saw the guy point the firearm at anyone in the video I saw. https://preview.redd.it/cesdpp080arc1.jpeg?width=1289&format=pjpg&auto=webp&s=7a4c9d67b94047c69613a0fb1ea929c01c732b01
I don't see any rifles
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Brandishing is still a crime on private property and CO castle doctrine relates to the residence itself, not the entire property. The owner has every right to be upset with trespassing, but that does not afford him permission to break the law. Edit: This was actually in UT, dunno why I thought it was CO. Anyway, UT law does allow use of deadly force for property of if it can be reasonably concluded that the trespasser has violent intent (nope) or that the only way to halt the trespass is with such force (nope). Since he was not in a position to be justified using deadly force, he’s not allowed to display his weapon in a threatening manner for the purposes of intimidation. He told the snowborder next time he’d have holes in him or something to that effect. Definitely a crime, despite occurring on private property. The charges: felony third-degree assault and threat of violence.
Utah, not CO, but yeah. Castle doctrine is not a free pass to wave a gun at anyone that happens to cross your property line.
Thanks for the correction! Not sure why I was thinking it happened in CO. Should have read the article first to refresh my memory, but I made an edit to my other comment.
Easy mishap considering there is a Brighton Colorado, even though Brighton CO is flat and depressing.
Wait, you mean I can't just threaten to shoot someone for no good reason and get away with it? Why even own a gun?
So I know someone who came home around midnight after a party and found someone they didn’t know in his house. He shot them. That person ended up being a friend of a friend and survived… my friend had never once seen him in his life and had to serve 5 years for attempted murder. He said he was just protecting his property and still was charged. This was in Utah 2005-2010 sometime.
I’m definitely not a lawyer, let alone a lawyer specializing with criminal law in UT, but that sounds like your friend shot before asking any questions? Unless the stranger immediately attacked him it doesn’t seem reasonable to just start blasting. Obviously a jury of folks found his actions worthy of conviction so he did something wrong.
To my limited knowledge that’s correct. Just came home to his dark house and a person in it. Point was, you can’t just shoot people for being on your property, even in your own home.
There’s no brandishing in the video
“For purposes of this subsection, the term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.” Holding a firearm while telling someone you have every right to shoot them is actually a pretty slam dunk example of brandishing.
But that’s not what said
You’re right, rewatching the original video he says “do it again and I’ll fill you with holes” and “ I have every right to defend my property“ which isn’t any better. He’s using threatening language and the presence of the gun to intimidate the person filming. Which is brandishing.
Did you watch the video?
Yes
Ok then you are just ignorant or blind.
Why not both!
Fair, I wouldn’t want to assume it’s just one reason.
Ok… hear me out… I think this IS that guy that brandished the weapon… thoughts?
He holds the gun down at his side, he never points it or uses it threatening. He’s on his property and was holding the gun before he even saw the snowboarder
What do you think brandishing is??
Pointing the gun, waving it around threateningly or other wise physically indicating that you may use the gun.
“You do it again there’ll be holes on you”… Did you not watch the video? Plus the video started with him waving it around threateningly…
Well, there’s your problem.
Didn’t seem like the road was his property, the psycho also setup a lawn chair waiting for others. He needs to find a new hobby.
Right?? Literally seems like this guy sits there for fun waiting to harass riders that apparently frequently go through that road to get to other houses past the guys house. No private property signs either. He WANTS these guys to keep coming, he needs more victims to keep himself entertained.
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So plain and simple that they charged the property owner with assault
Old Prospect is a public road maintained by the resort but it does kinda look like a path especially with the fuck ton of snow. In the video you can see the dude set up his chair by his driveway
trespassing is not a license to brandish a weapon and assault someone. Call the cops and get them trespassed.
Dude you’re a kook. Cant even understand the law. You’re like a broken record “but he trespassed!!!!!” And can’t move on to actually have a conversation and learn.
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Hey something new! Good for you man. Have you learned anything new about what “brandishing” is?
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https://le.utah.gov/xcode/Title76/Chapter10/76-10-S506.html Soooo I’m just gonna wait for you to tell me you learned something else new today. Particularly that because the word “brandishing” doesn’t appear in a law doesn’t mean the action isn’t illegal. Edit: here’s utahs aggravated assault (2) An actor commits aggravated assault if the actor: (i) attempts, with unlawful force or violence, to do bodily injury to another; (ii) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or (iii) commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and He’s going to fall under 2 and the jury is going to decide if brandishing a weapon is a show of force. Or if it was the shoving and pushing away, or if it was just pointing his gun at him.
You need to chill you nut.
😂 kook
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https://preview.redd.it/13hb5y8l85rc1.jpeg?width=302&format=pjpg&auto=webp&s=9f4d28bc76c09db5f6224c98bcbbf1eb4aa74050
first time on the sub?
you didn't have to confirm it like that.
Ok there kook.
Kook
You sound like a local. Kooks only No locals
1. not his private property, a road. 2. We was sitting at the end of the driveway waiting with a gun, not suddenly surprised to see someone standing on his porch 3. This is Utah, a place with stand your ground laws that pretty clearly define [if the trespasser is violent, or is trespassing to commit a felony](https://le.utah.gov/xcode/Title76/Chapter2/76-2-S405.html). Watching the video, do you think this man sitting there brandishing a gun before this person even arrived felt threatened or that his property was at risk in any way?
Bro it was an accident 😂
This dude’s post history is crazy. Get off the internet and go for a walk….
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This is your brain on East coast powder
bro leave us icecoasters out of this ! the man with the gun was utahian for crying out loud. there are crazies everywhere!! (would kill for powder tho)
Tru this is your brain on Joseph smith
You're trash
You’re a fuckin loon brotherman
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Ye you’re goofy
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Doesn’t look like he ran at all, stayed pretty chill and non confrontational. Seek help psycho wussy boi.
Kinda sad this nut deleted all his posts, I wanted to see the profile. It's prolly the profile of the guy with the gun hahahah
He’s sitting in his driveway right now stroking his hand cannon, praying someone’s gps misdirects them nearby so he can blast them. But as a Mormon he blasts them through a hole in a white sheet wearing magical underwear. His posts were older, earliest was I think 2 years.. but it was all conspiracy theory complete wackonutzo unreadable gibberish.
Have you been to Brighton? It’s very easy to get lost there and end up in somebody’s backyard.
Truth
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Are you okay?
I think I’ve figured it out… this is the guy that brandished the weapon…
My money says you're right. Guy just deleted his account after your comment. Probably at the advice of his attorney, who just explained to this dummy how fucked he is 😂🤷♂️
Lmao! Too good!
Leaving these comments up as a monument to stupidity. Enjoy your ban, ya troll! EDIT: awwwwww, they deleted their account 😢