Wednesday, September 7, 2016

Re: [gatortalk] [gatornews] [SUN]: With Massey out for season, Gators get help with return of suspended players

It was always a little sketchy for this to be a felony charge.

Shooting a firearm into a residence is a felony, but the Florida Statutes are clear that a BB gun is not a firearm. (F.S. 790.001(6)).

So, it falls under the "missile" into a dwelling, which covers rocks, bricks, BB pellets, etc. That's a misdemeanor.

The other way that it could be a felony is if the objects vandalized had a value about $1,000. According to the news report, they broke the glass in a door as well as the glass on either side of the door. I'm not positive what those things are called, sidelights perhaps.

Given that a whole new door with side windows included is $650 at Home Depot, it seemed a stretch to claim that the three panes of glass alone had a value in excess of $1,000.

Thankfully, the State Attorney saw through the B.S. and filed the appropriate charges. The question no one is discussing is why Gainesville Police tend to overcharge football players. Barking at the police dog remains my favorite.

-Zeb


On Sep 6, 2016, at 12:25 PM, Oliver Barry <barryo@realtracs.com> wrote:

Tyrie Cleveland and Rick Wells have been reinstated after being suspended from the opener for firing a BB gun on campus in July.
 
Ok, so how do you get reinstated after being charged with a felony?  That's what the charge was described as.
I guess they paid for the damages, got suspended for a game, and promised never to bring a bb gun to campus again?
 
Oliver Barry, CRS, GRI

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