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-   -   Football Elvis Dumervil arrested (https://chiefsplanet.com/BB/showthread.php?t=261436)

Rain Man 07-15-2012 07:45 PM
Guns and steroids are a perfect complementary match.

aturnis 07-15-2012 07:49 PM
Quote:
Originally Posted by Cassel>Manning (Post 8743267)
Every responsible athlete who has a permit should have one on them at all times....
Having a permit doesn't give you a right to carry.

BigMeatballDave 07-15-2012 07:51 PM
Quote:
Originally Posted by Cassel>Manning (Post 8743267)
Every responsible athlete who has a permit should have one on them at all times....
Not all states have conceal carry laws.

BigMeatballDave 07-15-2012 07:54 PM
Way more states have the law than I thought. 49

thabear04 07-15-2012 07:58 PM
I say his stunt in Denver is over and he will be traded to someone who can deal with his trouble.

BossChief 07-15-2012 08:09 PM
If you commit a crime in Florida and have a gun, the penalty increases to a minimum mandatory sentence.

He better hope he didnt use the gun in any way in his crime. If he did, he is done in the NFL.

aturnis 07-15-2012 08:15 PM
Quote:
Originally Posted by BossChief (Post 8743420)
If you commit a crime in Florida and have a gun, the penalty increases to a minimum mandatory sentence.

He better hope he didnt use the gun in any way in his crime. If he did, he is done in the NFL.
If he doesn't have a permit to carry, and he starts flashing the gun to intimidate, isn't that enough.

Titty Meat 07-15-2012 08:21 PM
I'll bet he doesn't spend a day in jail.

Bowser 07-15-2012 08:29 PM
Quote:
Originally Posted by Bo's Pelini (Post 8743446)
I'll bet he doesn't spend a day in jail.
You're probably right. I bet Goodell swings the hammer on his ass after the Plaxico incident, though.

MMXcalibur 07-15-2012 08:34 PM
Quote:
Originally Posted by Bowser (Post 8743468)
You're probably right. I bet Goodell swings the hammer on his ass after the Plaxico incident, though.
We can only hope.

Quesadilla Joe 07-15-2012 08:51 PM
Quote:
Originally Posted by aturnis (Post 8743433)
If he doesn't have a permit to carry, and he starts flashing the gun to intimidate, isn't that enough.
He does have a permit. He also was raised in Miami and lives there in the offseason.

Quesadilla Joe 07-15-2012 08:53 PM
Quote:
Originally Posted by Bowser (Post 8743468)
You're probably right. I bet Goodell swings the hammer on his ass after the Plaxico incident, though.
It won't be for a while. This incident will not effect the 2012 season whatsoever.

BossChief 07-15-2012 08:59 PM
Haha watch him get suspended for the two matchups with us.

BigMeatballDave 07-15-2012 09:11 PM
Quote:
Originally Posted by Cassel>Manning (Post 8743498)
It won't be for a while. This incident will not effect the 2012 season whatsoever.
Link?

BigMeatballDave 07-15-2012 09:14 PM
Quote:
Originally Posted by Cassel>Manning (Post 8743496)
He also was raised in Miami and lives there in the offseason.
Wtf does this have to do with anything?

Rain Man 07-15-2012 09:16 PM
Quote:
Originally Posted by Dave (Post 8743544)
Wtf does this have to do with anything?
It means that his gang loyalties were already established there.

Chiefshrink 07-15-2012 09:16 PM
Quote:
Originally Posted by Setsuna (Post 8742704)
The moment Tebow leaves all heck brakes loose.
Well ZZtop sang "Jesus done left Chicago"

In this case, "Jesus done left Denver":thumb:

Bowser 07-15-2012 09:20 PM
Quote:
Originally Posted by Cassel>Manning (Post 8743498)
It won't be for a while. This incident will not effect the 2012 season whatsoever.
Well, I guess we can all hope for him to just pop another titty muscle then in the interim, I guess.

Quesadilla Joe 07-15-2012 09:23 PM
Quote:
Originally Posted by Dave (Post 8743535)
Link?
Rolondo McClain put a gun to someones head, threatened to kill them, and pulled the trigger 6 inches from their ear back in December and still hasn't been disciplined by the Commish.

Hell, McClain has been sentenced to 180 days in jail and Goodell is going to let him appeal before he disciplines him. It will take time.

Quesadilla Joe 07-15-2012 09:28 PM
Quote:
Originally Posted by Dave (Post 8743544)
Wtf does this have to do with anything?
If you have a gun permit in Ohio it won't mean anything in Florida, correct?

I was assuming that Dumervil has a Florida gun permit.

Quesadilla Joe 07-15-2012 09:31 PM
Wow I thought the McClain thing happened in March. It actually happened in December and McClain played a couple games after that incident.

ClevelandBronco 07-15-2012 09:51 PM
That's a darned shame. I was looking forward to hearing that the Broncos were having an embarrassing season at full strength.

Rain Man 07-15-2012 09:57 PM
Quote:
Originally Posted by Cassel>Manning (Post 8743577)
Wow I thought the McClain thing happened in March. It actually happened in December and McClain played a couple games after that incident.
He was still waving the gun around. It took the SWAT team two games to tranquliize him.

rockymtnchief 07-15-2012 09:58 PM
Quote:
Originally Posted by Cassel>Manning (Post 8743573)
If you have a gun permit in Ohio it won't mean anything in Florida, correct?
Wrong. According to the reciprocity map, Ohio works in Fla. and vice versa. (For a CCW permit)

Still, it doesn't give you the right to carry everywhere you want or wave it around all you want.

Setsuna 07-15-2012 10:21 PM
Quote:
Originally Posted by Chiefshrink (Post 8743550)
Well ZZtop sang "Jesus done left Chicago"

In this case, "Jesus done left Denver":thumb:
LMAO Nice one. Although I hate that people call him that. Oh well.

wazu 07-16-2012 08:35 AM
Police report points to road rage in Dumervil*arrest

Posted by Josh Alper on July 16, 2012, 10:21 AM EDT

Getty Images
Some details about what led to Broncos defensive end Elvis Dumervil’s arrest in Miami over the weekend have come to light.

Mike Klis of the Denver Post had a look at the police report which describes a scene of road rage that tipped over into an arrest. Dumervil and another man were driving on Collins Avenue in Miami on Saturday afternoon when a white Impala cut them off and witnesses said that led to horn blowing and verbal threats from Dumervil’s vehicle. Dumervil and the other man, Andy Auguste, are accused of then approaching the Impala when traffic stopped and lifting up their shirts to display firearms.

Police were called and they caught up to Dumervil’s car while it was still stopped in traffic. Officers asked Dumervil if there was a gun in the car, he said no and a search of the glove compartment turned one up. Dumervil and Auguste were both arrested at that point.

Dumervil’s attorney Harvey Steinberg said Sunday that it is unlikely that charges will be filed in the case, although there’s been no comment to that effect from police in Miami. Dumervil was released on $7,500 bail and now awaits the next steps in the case.

notorious 07-16-2012 08:38 AM
No charges on a concealed weapon?

Yeah, right. LMAO

Quesadilla Joe 07-16-2012 08:38 AM
Quote:
According the police report, much of her statement concurred with the victim's statements, although the witness added the passenger victim got out of the white Impala and yelled back at the occupants in Dumervil's Land Rover. The Victoria's Secret employee further stated that during the argument the driver of the White Impala threw an unknown object that struck Dumervil's Range Rover.
http://www.denverpost.com/broncos/ci...medium=twitter

Doesn't sound like Dumervil did any assaulting.

wazu 07-16-2012 08:50 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744063)
http://www.denverpost.com/broncos/ci...medium=twitter

Doesn't sound like Dumervil did any assaulting.
I know, right? All they did was threaten a guy while brandishing some guns. Don't see what all the fuss is about. This is just Broncos bein Broncos.

DaFace 07-16-2012 08:57 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744063)
http://www.denverpost.com/broncos/ci...medium=twitter

Doesn't sound like Dumervil did any assaulting.
I'm not 100% sure of this, but I believe that threatening someone with a gun is called assault. You don't have to make any kind of physical contact.

EDIT: Here's the definition of the law in Florida:

Quote:
The crime of Aggravated Assault is defined as:
  • An intentional and unlawful threat - by word or act - to commit violence against another person;
  • With the apparent ability to carry through with the threat at the time it was made;
  • And the threat created a genuine fear in the intended victim that the violence was imminent; and
  • The accused made the threat:
    • With a Deadly Weapon, or
    • In the commission of a Felony.
So basically, if he really did approach the car and threaten them by lifting up the shirt and exposing his gun, he's got problems.

Bowser 07-16-2012 09:07 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744063)
http://www.denverpost.com/broncos/ci...medium=twitter

Doesn't sound like Dumervil did any assaulting.
Quote:
Originally Posted by wazu (Post 8744077)
I know, right? All they did was threaten a guy while brandishing some guns. Don't see what all the fuss is about. This is just Broncos bein Broncos.
Quote:
Originally Posted by DaFace (Post 8744090)
I'm not 100% sure of this, but I believe that threatening someone with a gun is called assault. You don't have to make any kind of physical contact.

EDIT: Here's the definition of the law in Florida:



So basically, if he really did approach the car and threaten them by lifting up the shirt and exposing his gun, he's got problems.
Uh-oh......

Spin, Knowmo! Spin this yarn!!

Quesadilla Joe 07-16-2012 09:08 AM
So if you have a gun permit for self defense when is it OK to brandish your weapon?

If someone is screaming at you and throwing shit at your car would it be wrong to show the person that you have a gun and that they probably shouldn't escalate the situation? You don't point it at them, but you let them know you have one.

What is wrong with that?

Bowser 07-16-2012 09:08 AM
Quote:
Originally Posted by ClevelandBronco (Post 8743630)
That's a darned shame. I was looking forward to hearing that the Broncos were having an embarrassing season at full strength.
Wait, what? Did you have a falling out with Denver over the whole Tebow thing, "ClevelandJet"?

Bowser 07-16-2012 09:11 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744105)
So if you have a gun permit for self defense when is it OK to brandish your weapon?

If someone is screaming at you and throwing shit at your car would it be wrong to show the person that you have a gun and that they probably shouldn't escalate the situation? You don't point it at them, but you let them know you have one.

What is wrong with that?
I'm no lawyer, but I'm going to assume that throwing a half full McDonald's cup isn't quite the same as showing shomeone that you're strapped and ready to pull. Kind of elevates the situation to the next level, wouldn't you agree?

The only way to know for sure is if you were to act out these actions in the real world, and see what punishment you end up with. Report back whenever you make bond, ok?

DaFace 07-16-2012 09:12 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744105)
So if you have a gun permit for self defense when is it OK to brandish your weapon?

If someone is screaming at you and throwing shit at your car would it be wrong to show the person that you have a gun and that they probably shouldn't escalate the situation? You don't point it at them, but you let them know you have one.

What is wrong with that?
If you really feel the need, read up on all the Treyvon Martin/George Zimmerman stuff. Concealed carry permits are only meant to give someone permission to pull the gun if they fear their life is in danger. If you pull the gun first, you're the aggressor and are on the hook.

Quesadilla Joe 07-16-2012 09:12 AM
Here is the police report. http://blogs.denverpost.com/broncos/...medium=twitter

the Talking Can 07-16-2012 09:19 AM
Quote:
Originally Posted by wazu (Post 8744057)
Dumervil and the other man, Andy Auguste, are accused of then approaching the Impala when traffic stopped and lifting up their shirts to display firearms.

clowns

BossChief 07-16-2012 09:19 AM
How can someone bail out on an an aggravated gun charge without charges being filed?

BossChief 07-16-2012 09:22 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744105)
So if you have a gun permit for self defense when is it OK to brandish your weapon?

If someone is screaming at you and throwing shit at your car would it be wrong to show the person that you have a gun and that they probably shouldn't escalate the situation? You don't point it at them, but you let them know you have one.

What is wrong with that?
This is some of your finest work.

Quesadilla Joe 07-16-2012 09:23 AM
Quote:
Originally Posted by BossChief (Post 8744123)
How can someone bail out on an an aggravated gun charge without charges being filed?
Quote:
The report released this am was the initial investigation that led to arrest. Will be up to DA whether to file formal charges.
https://twitter.com/PostBroncos/stat...77657383387136

Bowser 07-16-2012 09:23 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744113)
Can't see the attachment in the link.....

DaFace 07-16-2012 09:24 AM
Quote:
Originally Posted by BossChief (Post 8744123)
How can someone bail out on an an aggravated gun charge without charges being filed?
He was ARRESTED on suspicion of the crime, but if further investigation indicates that no crime was committed, they can decline to formally file charges (which sets in motion the process of hearings, court dates, etc.).

DaFace 07-16-2012 09:25 AM
1 Attachment(s)
Quote:
Originally Posted by Bowser (Post 8744128)
Can't see the attachment in the link.....
Here ya go.

Bowser 07-16-2012 09:29 AM
Quote:
Originally Posted by DaFace (Post 8744130)
Here ya go.
Thank you.

That doesn't look good for Dummervil, at all.

DaFace 07-16-2012 09:31 AM
Quote:
Originally Posted by Bowser (Post 8744139)
Thank you.

That doesn't look good for Dummervil, at all.
Nope. I'll bet they get it reduced down quite a bit, but I don't see any way he just walks given that he appears to have deliberately lied to the police about having a gun in the car. That immediately makes everything he says in his defense suspicious.

Quesadilla Joe 07-16-2012 09:32 AM
Quote:
Originally Posted by DaFace (Post 8744146)
Nope. I'll bet they get it reduced down quite a bit, but I don't see any way he just walks given that he appears to have deliberately lied to the police about having a gun in the car. That immediately makes everything he says in his defense suspicious.
Harvey Steinberg eats cases like this for breakfast.

Frazod 07-16-2012 09:33 AM
Quote:
Originally Posted by DaFace (Post 8744146)
Nope. I'll bet they get it reduced down quite a bit, but I don't see any way he just walks given that he appears to have deliberately lied to the police about having a gun in the car. That immediately makes everything he says in his defense suspicious.
Heh. Whether Dumbervil goes to jail or not, it's safe to say he'll be Goodell's next chew toy.

Quesadilla Joe 07-16-2012 09:33 AM
Quote:
Typically with Goodell and player discipline, that will come after the case is settled - dismissed, trial, conviction, acquittal etc.
https://twitter.com/PostBroncos/stat...89113063604225

SAUTO 07-16-2012 09:34 AM
sounds like 3 people saw him show his gun...


probably will miss some time

Bowser 07-16-2012 09:35 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744149)
Harvey Steinberg eats cases like this for breakfast.
Oh, I doubt he does time, or anything of that ilk. Money buys the best defense in this country. Goodell, however, may just well roto-rooter his ass to dimensions previously thought to be unachievable for human beings.

BossChief 07-16-2012 09:38 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744149)
Harvey Steinberg eats cases like this for breakfast.
This story kinda turns you on, doesn't it.

Frazod 07-16-2012 09:40 AM
And another question - why the hell would a defensive lineman on a professional football team need a gun to intimidate somebody? Was he afraid of getting beat up? Jesus. :shake:

loochy 07-16-2012 09:41 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744149)
Harvey Steinberg eats cases like this for breakfast.
GOD CAN YOU EVER SAY ANYTHING THAT'S NOT HOMER?

SPchief 07-16-2012 09:43 AM
Quote:
Originally Posted by frazod (Post 8744171)
And another question - why the hell would a defensive lineman on a professional football team need a gun to intimidate somebody? Was he afraid of getting beat up? Jesus. :shake:
Street cred. Err, I mean protection.

Dayze 07-16-2012 09:44 AM
this is profiling.

loochy 07-16-2012 09:44 AM
Quote:
Originally Posted by SPchief (Post 8744177)
Street cred. Err, I mean protection.
who needs street cred when you are a millionaire?

Quesadilla Joe 07-16-2012 09:44 AM
Quote:
Harvey Steinberg does it again: QB Chris Simms acquitted

Chris Simms, the Broncos’ back up quarterback to Kyle Orton during the 2009 season, was acquitted by a New York jury today of driving while under the influence of marijuana.

Simms was represented by Denver attorney Harvey Steinberg, who spoke to The Denver Post from New York just before boarding a flight home.

“He should never have been charged,” Steinberg said. “There was no evidence. It took the jury less than an hour after three days of trial to acquit him. It’s unfortunate his reputation was besmirched by the fact there was even this allegation.’”

Simms was arrested at a checkpoint on July 1, 2010 while driving an SUV with his pregnant wife and friend Charlie Granatell. The arresting officer noted Simms took an alcohol breathalyzer that registed no reading but arrested the quarterback because of the smell of marijuana from the car. During trial testimony, Granatell said he was the only person who was smoking marijuana.

Simms, 30, is the son of CBS NFL color commentator and former New York Giants quarterback Phil Simms, who shredded the Broncos for 22 of 25 passing druing a 39-20 victory in Super Bowl XXI. It was the first of John Elway’s five Super Bowl appearances.

Steinberg has represented many Denver professional sports stars over the years and has won acquittals or ”slap-on-the-wrist” pleas in most of them.
http://blogs.denverpost.com/broncos/...cquitted/7482/

Bowser 07-16-2012 09:46 AM
Quote:
Originally Posted by loochy (Post 8744174)
GOD CAN YOU EVER SAY ANYTHING THAT'S NOT HOMER?
You must be new here. Welcome.

DaFace 07-16-2012 09:46 AM
Here's the narrative of the report in case anyone's too lazy to open the PDF. I didn't bother with the separate accounts, as they're largely redundant aside from the part where Dumervil said that there wasn't a gun in the car.

Quote:
Officers were dispatched in emergency mode to the 700 block of Collins Ave in response to an armed (firearm), black male threatening someone. Initially, the subject vehicle dispatched was a white Chevy Impala driving southbound on Collins Avenue. Officers arrived within minutes and located a vehicle matching the description. However, all occupants of that vehicle were of white Hispanic descent. It was at that time that the occupants of that vehicle explained that the subject vehicle was directly behind them and they were the victims of the assault. The vehicle, a grey Mercedes, 4dr FL tag BKC735 was subsequently stopped and all (3) occupants were removed at gunpoint and detained pending investigation.

XXXXXX (victim/witness) was the front passenger in the white Chevy which was initially stopped. He stated as they were traveling south on Collins Ave, they were involved in an incident in which his wife, XXXXXX (driver), merged in front a gray range rover which was following the silver Mercedes. An argument ensued which involved a lot of horn blowing by all vehicles and verbal threats/name calling. He further stated at some point the def who was a passenger in the Mercedes exited his vehicle and walked up to their vehicle and verbally threatened him while lifting his shirt to display a firearm in his waistband. XXXXXX stated that the co-def Elvis Dumerville, who was later positively identified, also walked up to her vehicle and displayed a firearm in his waistband as well but never said anything. After witnessing the firearm the driver, XXXXXX, quickly accelerated around the Mercedes in an attempt to retreat.

Officer Fernandez then interviewed XXXXXX, an employee of Victoria’s Secret, who phoned police of the incident. Her statement of facts concurred with that of the victim, XXXXXX, except that she added that during the initial horn blowing, the victim exited his car and yelled toward the vehicle behind them but never moved towards it. Traffic was at a standstill due to heavy vehicular traffic. XXXXXX further stated that the driver of the white Chevy exited her vehicle and threw an unknown item at the Range Rover striking it.

Defendant was positively identified by XXXXXX and subsequently arrested. Firearm was recovered from the floor of the Mercedes behind the driver and additional firearm was also recovered from Dumerville’s vehicle within the glove box. Both were impounded as evidence.

DaFace 07-16-2012 09:47 AM
Quote:
Originally Posted by Bowser (Post 8744189)
You must be new here. Welcome.
Yeah, it's best just to ignore KnowMo in cases like this. He tends to derail otherwise interesting discussions.

Quesadilla Joe 07-16-2012 09:49 AM
Quote:
Perrish Cox Acquitted In Sex Assault Case

A Colorado jury acquitted former Denver Broncos cornerback Perrish Cox of sexual assault charges on Friday, a verdict that was met with disbelief by the alleged victim.

Cox was accused of sexually assaulting a woman at his apartment in September 2010 after a night of partying. She became pregnant, and prosecutors said DNA tests indicated Cox was the father.

“I love my lawyer and everybody else who’s been with me,” he said.

Steinberg had disputed the DNA test results and suggested they may have been contaminated. During the cross-examination of witnesses, he tried to paint a picture of drunkenness, and of the alleged victim and another woman who was at the apartment being able to interact with people without remembering.

“We always felt there were substantial holes in the case,” he said after the verdict. “We had hoped they (the jury) would see those same holes.”
http://denver.cbslocal.com/2012/03/0...-assault-case/


You have DNA evidence? That's great. I have Harvey Steinberg. LMAO

DaFace 07-16-2012 09:51 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744195)
http://denver.cbslocal.com/2012/03/0...-assault-case/


You have DNA evidence? That's great. I have Harvey Steinberg. LMAO
Will you please stop? I personally find this interesting, and you're doing what you always do - shit all over the thread until it results in nothing but you going "OMG THIS IS NO BIG DEAL" and everyone else saying "OMG LOOK AT HIM HE'S SO DUMB." Christ, don't you like to actually discuss things reasonably from time to time?

ChiefRocka 07-16-2012 09:52 AM
He'll get 4 games

SPchief 07-16-2012 09:53 AM
Sweet, Knowmo supports rape as long as they have a good lawyer.

Bowser 07-16-2012 09:54 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744195)
http://denver.cbslocal.com/2012/03/0...-assault-case/


You have DNA evidence? That's great. I have Harvey Steinberg. LMAO
That's great and all, but that case has **** all to do with Dummervil's dipshitedness, outside that Steinberg is defending him.

Quote:
Originally Posted by DaFace (Post 8744206)
Will you please stop? I personally find this interesting, and you're doing what you always do - shit all over the thread until it results in nothing but you going "OMG THIS IS NO BIG DEAL" and everyone else saying "OMG LOOK AT HIM HE'S SO DUMB." Christ, don't you like to actually discuss things reasonably from time to time?
You must be new here. Welcome.



:D

Bowser 07-16-2012 09:55 AM
Quote:
Originally Posted by ChiefRocka (Post 8744207)
He'll get 4 games
At a minimum, and maybe after appeal. Goodell does NOT like his players acting like fools.

Garcia Bronco 07-16-2012 10:11 AM
He needs to go to jail. I get so sick of my community tolrating this kind of crap. We already have a mile long line of people defending this garbage because of his Sunday laundry.

MagicHef 07-16-2012 10:19 AM
Even the police can't spell Dumervil's name correctly.

DaFace 07-16-2012 10:23 AM
Quote:
Originally Posted by Garcia Bronco (Post 8744252)
He needs to go to jail. I get so sick of my community tolrating this kind of crap. We already have a mile long line of people defending this garbage because of his Sunday laundry.
Honestly, I'd be surprised if he does for any significant length of time. I know the letter of the law says that they can send him to jail, but they do at least consider intent when evaluating cases like this.

My guess is that he ends up pleading it down to a slap on the wrist with some fines and maybe token jail time (a few weeks at most). The question will be how much of an example Goodell decides to make this time around.

Ebolapox 07-16-2012 11:00 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744195)
http://denver.cbslocal.com/2012/03/0...-assault-case/


You have DNA evidence? That's great. I have Harvey Steinberg. LMAO
wait, you're PROUD of the fact that one of your players was a rapist who got off scott free? what the **** is wrong with you?

Nickel D 07-16-2012 11:00 AM
Good thing for Dumervil that the subjects of his assault weren't associated with the Juggalos...

Quesadilla Joe 07-16-2012 11:10 AM
Quote:
I'm reading this police report which is actually two reports one done by two different officers Thomas and Fernandez. The Thomas report has Elvis in the mercedes with a gun in glove box and behind drivers seat. The Fernandez report has Elvis in the Range Rover with one gun in the glove box. Super confusing. Did Elvis leave the Mercedes and get in the range rover?

Harvey is gonna have a field day with this. What car was Elvis in? Base question
https://twitter.com/dmac1043

Steinberg is going to use the conflicting police reports against them. Also there is no way that the Victorias Secret witness could see if Elvis flashed a gun or not. Elvis could walk without this thing going to court.

DaFace 07-16-2012 11:10 AM
Solid post from the OrangeMane about it:

http://www.orangemane.com/BB/showthr...64#post3620264

Quote:
Originally Posted by fdf
I'm a former attorney and an NRA Certified pistol instructor. So take this for what you think it's worth:

* I'm sure Dumervil had a CONCEALED carry permit because he wasn't charged with illegal possession of a gun. Florida is NOT a constitutional carry state like New Hampshire is. His permit could be a Colorado permit because Colorado permits are good in FLA and vice versa.

* But two witnesses (including the complainant) say he showed his gun to the complainant. That is, he UNCONCEALED the gun. Permit no longer applies. That is a crime in every state I know about unless you are in reasonable fear of dying or serious bodily injury. It is usually called "brandishing" although it appears to be called "third degree assault" in Florida.

* I know of no state where you can defend property by pulling a gun (in this case, that would be defending his car against bottles, can't use a gun to do that).

* Stand your ground law has nothing to do with this case, if the Post has the facts correct. Stand your ground only says that if someone pulls a gun or knife on you or is beating the crap out of you, you don't have to run away. Instead, you can defend yourself with deadly force where you are threatened with death or serious bodily injury. (In FLA, it also adds a procedural protection of a pre-trial hearing). Stand your ground also doesn't apply because you can't use it if you provoke the incident. So pulling over, getting out of your car and heading for the lady's car almost certainly takes you out of the protection of the Stand your ground laws.

* The glove compartment laws are unimportant too. Had his gun stayed in the glove compartment and not been brandished, there would have been no arrest. I'm virtually certain having a loaded gun in your glove compartment is legal in FLA. But lying to the officer about it was double stupid and could be a separate crime in FLA. Either you keep your mouth shut altogether or you tell the truth. Lying to the officer gets you arrested if the officer hasn't made up his mind yet and will be introduced at trial as knowledge of guilt.

* SUMMARY: If the Post reporting is accurate, the only issues are:

(1) whether Dumervil flashed his firearm at the lady,
(2) if he did, was he in fear of death or serious bodily injury, and
(3) If (1) and (2) are true, did Dumervil provoke the incident by jumping out of his car and heading for the lady's car?

From what the Post reports, (2) and (3) are deadbang losers for Dumervil. So it will all turn on the credibility of the witnesses who say they saw Dumervil flash a gun.

SAUTO 07-16-2012 11:11 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744371)
https://twitter.com/dmac1043

Steinberg is going to use the conflicting police reports against them. Also there is no way that the Victorias Secret witness could see if Elvis flashed a gun or not. Elvis could walk without this thing going to court.
what makes you say that?

Frazod 07-16-2012 11:13 AM
Quote:
Originally Posted by DaFace (Post 8744206)
Will you please stop? I personally find this interesting, and you're doing what you always do - shit all over the thread until it results in nothing but you going "OMG THIS IS NO BIG DEAL" and everyone else saying "OMG LOOK AT HIM HE'S SO DUMB." Christ, don't you like to actually discuss things reasonably from time to time?
It's sort of like trying to discuss KU with Wickedson.

Actually, it's exactly like trying to discuss KU with Wickedson.

Bob Dole 07-16-2012 11:19 AM
Quote:
Originally Posted by DaFace (Post 8744374)
Solid post from the OrangeMane about it:

http://www.orangemane.com/BB/showthr...64#post3620264
He lost Bob Dole with the "I know of no state where you can defend property by pulling a gun..."

Perhaps he should familiarize himself with Texas Penal Code - Section 9.42. Deadly Force To Protect Property

;)

Quesadilla Joe 07-16-2012 11:19 AM
Quote:
Originally Posted by JASONSAUTO (Post 8744376)
what makes you say that?
Either the witness was facing Dumervil or Dumervil had his back to them. The car would be blocking the witness' view from the front and Dumervil's back would be blocking the witness' view from the other vantage point.

DaFace 07-16-2012 11:23 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744371)
https://twitter.com/dmac1043

Steinberg is going to use the conflicting police reports against them. Also there is no way that the Victorias Secret witness could see if Elvis flashed a gun or not. Elvis could walk without this thing going to court.
That's because DMAC can't read. The last two pages of the PDF are about Aguste - not Dumervil. Dumervil was in the Land Rover, and Aguste was in the Mercedes. They found one gun behind the driver's seat of the Mercedes and another in the glove box of the Land Rover.

SAUTO 07-16-2012 11:23 AM
Quote:
Originally Posted by Cassel>Manning (Post 8744397)
Either the witness was facing Dumervil or Dumervil had his back to them. The car would be blocking the witness' view from the front and Dumervil's back would be blocking the witness' view from the other vantage point.
how do you know that?

notorious 07-16-2012 11:24 AM
Quote:
Originally Posted by DaFace (Post 8744407)
They found one gun behind the driver's seat of the Mercedes and another in the glove box of the Land Rover.
Is Florida the new Wild West? JFC


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