Felony Menacing?

[SNAFU]

Never said he was,and he was an idiot any way. He should have been charged with trespassing.

All I said was by his own statement he did not see a big black stick till on the way out.

[gnihcraes]

I'll see if I can verify the original story.

[Irving]

Never said he was,and he was an idiot any way. He should have been charged with trespassing.

All I said was by his own statement he did not see a big black stick till on the way out.

I'm sorry, I misinterpreted your post. You quoted me, so I thought you were trying to make the opposite point.

[theGinsue]

.... Did they observe this menacing during their stakeout?

I'm certain that, if I had had a firearm in my possession on Tuesday morning (even if it had been holstered, while in my own yard), I WOULD have been arrested for Felony Manacing - just based on a phone call from "someone who drove by and felt threatened".

[theGinsue]

Definitely not Felony Menacing. Maybe flat out Menacing which is a misdemeanor but I am thinking more Disorderly Conduct. Everything fits but the venue.

Not Felony Manacing? Read this: http://www.colorado-criminal-lawyer.com/felony_cases/menacing.html

According to this information, just standing there can get you arrested, prosecuted, and convicted of Felony Manacing.

I especially love this:
"Believe it or not, it is not even necessary for the person to be aware of the threat! You can be found guilty of menacing a sleeping person. The District Attorney would have to prove that you knew that your actions, if discovered (if the person woke up), would place the person in fear."

[newracer]

Here is the CRS

18-3-206. 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.

I think it would be pretty hard for a DA to prove you knew you were placing another person in fear of imminent serious bodily injury.

[Ah Pook]

I used to do real estate appraisal for different counties assessor's offices. We had a badge and out vehicles were registered with local and county LE. The first thing we did was hit the door and ask for permission to be on the property. 99% agreed. We did our job and left. If we were denied access or told to leave, we did. Our last statement before leaving is that this is mandated by the state and that we will return with local law enforcement support and perform the property review then. I was never denied access to a property.

There are quite a few cabins, houses, yurts and other structures in the mountains without physical addresses. Five cabins on one property probably shared one address.

Was "Mr. SKS" the property owner? My question is why the census worker didn't leave when asked.