Brandishing a Tire Iron

[funkymonkey1111]

https://kdvr.com/news/local/arvada-man-jailed-after-aiming-rifle-at-security-guard/

This story has plenty of idiocy going on. A man was arrested for driving by a party he had been kicked out of for what appears to be pointing a tire iron (from a vehicle) at the party's security guard. The security guard thought it was a rifle, so he fires 11 shots at the tire iron-wielding man.

Colorado's menacing statute prohibits placing someone in fear of serious bodily harm, but does pointing a tire iron from inside a vehicle rise to that level of menace?

[hollohas]

I'm skeptical he even pointed the tire iron. Does anyone have any evidence he pointed a tire iron? Doesn't sound like it.

Get report of gun. Search car for gun. Find no gun. But do find something EVERYONE has in their car. Charge him with gun anyway.

This security guard needs to go to jail.

[mb504]

But do find something EVERYONE has in their car. Charge him with gun anyway.

Mine is under the hood with the jack.... I don't think many people keep it in their front seat, unless they just changed their tire.

[encorehunter]

Mine is under the front seat of the truck, where it and the jack are mounted. It is where the manufacturer put it.

[hollohas]

Mine is under the front seat of the truck, where it and the jack are mounted. It is where the manufacturer put it.Mine too.

Plus the one that comes with every car sucks, so I have an aftermarket one in the cab too.

Nobody needs two tires irons. ;)

[TEAMRICO]

My wife’s car has run flats……

[eddiememphis]

I wonder if his tire iron had a high capacity clip magazine?

Those are super extra menacing.

[hollohas]

It's probably an assault lug wrench with extra deadly collapsible thingy.

https://uploads.tapatalk-cdn.com/20220823/3ab75bb399629a3857eeb2314eddb02a.jpg

[sbgixxer]

Common sense tire-iron laws now!!! [panic]

[fitz19d]

I'm skeptical he even pointed the tire iron. Does anyone have any evidence he pointed a tire iron? Doesn't sound like it.

Get report of gun. Search car for gun. Find no gun. But do find something EVERYONE has in their car. Charge him with gun anyway.

This security guard needs to go to jail.

Guy wrecks his truck in Denver more than an hour away from the party claiming he was running from the party. (How drunk/high) Refuses to speak with the police at all when he easily could have been crying victim. Funny that you want to believe the scuzzball first over the guard. (Dont get me wrong plenty of history of bad guards doing dumb shit) But there's plenty to this story making the guy sound like he was a dirt bag doing dirtbag things. Given the time to get to denver he could have easily ditched a gun if he ever had one.

[hollohas]

Guy wrecks his truck in Denver more than an hour away from the party claiming he was running from the party. (How drunk/high) Refuses to speak with the police at all when he easily could have been crying victim. Funny that you want to believe the scuzzball first over the guard. (Dont get me wrong plenty of history of bad guards doing dumb shit) But there's plenty to this story making the guy sound like he was a dirt bag doing dirtbag things. Given the time to get to denver he could have easily ditched a gun if he ever had one.

Oh, for sure, he could have easily ditched it. And I certainly don't "believe" him. But arresting someone for brandishing a firearm without evidence of an actual firearm...that's wrong, dirt bag or not. Perhaps there are more witnesses that weren't mentioned. But the fact they admit that a tire iron may have been mistaken as a weapon means they don't have much to go on and I'd put money the charges don't stick.

Rent-a-cop mag dumping a moving vehicle because he thinks he may have seen something scary, that's 100% illegal and incredibly dangerous.

Based on available information, IMO, the rent-a-cop is the worst offender in this case.

[eddiememphis]

But arresting someone for brandishing a firearm without evidence of an actual firearm...that's wrong, dirt bag or not.

He was charged with Felony Menacing.

https://www.colorado-criminal-lawyer.com/felony_cases/menacing.html#:~:text=Menacing%20can%20be%20charge d%20as,if%20the%20weapon%20is%20real.

"Menacing can be charged as a Class Three Misdemeanor (M3), or as a Class Five Felony (F5) in Colorado. It becomes a felony when it involves the use of a Deadly Weapon. It does not matter if the weapon is real. You can commit menacing with a toy gun, if you handle it in such a way that you make the person believe it is real. You do not have to point the weapon (real or not) at someone to be found guilty, simply holding it "in a manner that causes the other person to fear for his safety" will suffice."

[Oscar77]

Eddie:
You beat me to it................. FWIW and not taking a side here.........................

CRS 18-3-206 Felony Menacing:
(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

[FoxtArt]

Yeah not taking a side.

Both sides have incentive to grossly misrepresent the truth depending on what happened. Haven't dug in though, if there was security footage maybe it would be more determinative.

[Oscar77]

Yeah not taking a side.

Both sides have incentive to grossly misrepresent the truth depending on what happened. Haven't dug in though, if there was security footage maybe it would be more determinative.

Yes, that and sometimes they release some of the arrest paperwork which details the story.
I doubt they will on this one though, noone cares about some drunk nonsense in Weld County.