Kensington man convicted of criminal threatening with a knife, held at his side

[Jacobus]

This was linked to from the lewrockwell.com blog:

http://www.seacoastonline.com/articles/20091112-NEWS-911129979

[Pat McCotter]

You should have used the  LRC title!

"Guilty" of Scaring Undercover Tax-Feeders

[Pat K]

Good thing he did not turn around and yell BOO!
They would have pissed themselves.

[mvpel]

It would appear that under the switchblade bill now under consideration in the legislature, if the knife he was holding was one of the specified types, he'd be facing a second, consecutive-sentence misdemeanor charge.

[KBCraig]

He clearly didn't break that law.

http://www.gencourt.state.nh.us/rsa/html/lxii/631/631-4.htm

Relevant part cited, bold added:

631:4 Criminal Threatening. –
    I. A person is guilty of criminal threatening when:
       (a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or

Keeping a 2" blade straight down beside your leg while whirling around to ask what they're doing, just doesn't fulfill the statute.

If anyone could be charged here by the letter of the law, it would be the cops.

[John C]

http://www.seacoastonline.com/articles/20091112-NEWS-911129979


PORTSMOUTH — A Kensington man was found guilty of criminal threatening for holding an open pocket knife at his side while asking two people who were walking behind him at midnight, "Why are you following me?"

The pair walking behind Dustin Almon, 28, of 27 Wild Rose Lane, were state Liquor Enforcement cops, both in plain clothes without any indicators that they were members of law enforcement, according to testimony during a Thursday Portsmouth District Court trial. Both were also carrying concealed handguns and Tasers, they testified.

One of them, Officer Anthony Cattabriga, said he was walking behind Almon on Chapel Street on Nov. 8, 2008, when Almon turned around three times to look at him and a new officer he was training. It was dark and Almon was twenty feet away when he displayed a knife with a two-inch blade the third time he turned around, said Cattabriga.

"He pointed it down by his side," the liquor officer testified, while demonstrating with Almon's seized pocket knife.
When he responded by yelling "police," Almon folded the knife, clipped it to his belt and complied with all subsequent police orders, Cattabriga testified.

Almon was initially arrested on a charge of disorderly conduct, but the charge was later upgraded to criminal threatening with a dangerous weapon.

"I feared for my safety," Cattabriga said from a District Court witness stand.

Cattabriga's trainee, whose name was not entered into the trial record, corroborated her partner's testimony and said the entire event lasted two to three minutes.

Almon's attorney, Patrick Devine, described his client's actions as self defense.

"A crime was not committed," he told the court. "He was protecting himself against unknown people following him."

Judge Sawako Gardner examined the knife before finding Almon guilty of the class A misdemeanor.

"It doesn't matter who was behind you," the judge said, while explaining that Almon was guilty of the charge for placing another person in fear of bodily injury.

Noting no previous criminal record, the judge sentenced Almon to 30 days in the Rockingham County House of Corrections, with all of it suspended pending a year of good behavior. He was also fined $500 with half suspended pending the same good behavior.

Devine notified the court that he intends to appeal the decision to a higher court.

[KBCraig]

Thread already started:

http://nhunderground.com/forum/index.php?topic=19570.0

[Lloyd Danforth]

The guy lived on Wild Rose Lane!

[Kat Kanning]

Merged the two topics on this.

[KBCraig]

The guy lived on Wild Rose Lane!

[Giggan]

At least that's what it sounds like. WTF is going on here?

http://concordmonitor.com/apps/pbcs.dll/article?AID=/20091114/NEWS01/911140370

Man guilty of threatening officers
The Associated Press
November 14, 2009 - 7:22 am

A 28-year-old Kensington man has been found guilty of criminal threatening for holding an open pocket knife at his side while he was being followed at midnight by two plain-clothed police officers.

The pair walking behind Dustin Almon in Portsmouth last year were state Liquor Enforcement officers in plain clothes.

The Portsmouth Herald says Almon held the knife at his side after he turned around for the third time and asked "why are you following me?"

After the two identified themselves as police Almon put the knife back in his pocket.

Almon's attorney described the actions as self defense.

A judge says Almon was guilty of the misdemeanor for placing another person in fear of bodily injury.

Almon was given a suspended sentence.

[KBCraig]

Previous thread:

http://nhunderground.com/forum/index.php?topic=19570.0

[Giggan]

My b. Mods, feel free to delete this thread.

[mvpel]

He clearly didn't break that law.

He was convicted, so clearly he did break that law, regardless of the letter of the law, according to the final arbiter of that question: the judge and jury.

That's what's kind of uncomfortable about adding various kinds of knives to RSA 159:19-a.  Two to fourteen years in prison will turn on what somebody decides the word "purposely" means.

[MaineShark]

...according to the final arbiter of that question: the judge and jury.

Did he have a jury trial?

Joe