Author Topic: Teen's Life Ruined Over Pocketknife  (Read 3789 times)

cassandra and sara's daddy

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Re: Teen's Life Ruined Over Pocketknife
« Reply #25 on: March 17, 2014, 12:02:37 PM »
heres a place to get a feel for the kid
https://www.youtube.com/user/ArmyRescue2?feature=watch

and remember  kid can say anything he wants  school is not allowed to say anything till it gets to court
another quirk is he was held in jail 13 days before bonding out. i have friends who stabbed someone and bonded out.  there is more than meets eye here.  it is possible its all on the school side though
It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


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MillCreek

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Re: Teen's Life Ruined Over Pocketknife
« Reply #26 on: March 17, 2014, 12:04:35 PM »
Chris, I am not familiar with the Ohio case law, but I would assume that any reasonably competent prosecutor can establish that just about any knife is a deadly weapon under both parts of the definition.
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Ben

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Re: Teen's Life Ruined Over Pocketknife
« Reply #27 on: March 17, 2014, 12:14:51 PM »
Interesting information Chris.

I agree that this could go either way, depending what info is out there and accurate. However even if the kid is 100% in the right, and completely exonerated, it sounds like just the arrest record will have hosed him for the paths he wanted to take. Unless he gets the record expunged I guess, but the financial burden would be on him for that (unless he wins a lawsuit or something).
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T.O.M.

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Re: Teen's Life Ruined Over Pocketknife
« Reply #28 on: March 17, 2014, 12:28:06 PM »
Chris, I am not familiar with the Ohio case law, but I would assume that any reasonably competent prosecutor can establish that just about any knife is a deadly weapon under both parts of the definition.

Ohio law is a mess on the knife as a deadly weapon thing.  City of Columbus v. Dawson (1986), 28 Ohio App.3d 45 held that a knife is not presumed by law to be a deadly weapon.  To prevail on a CCW charge involving a knife, or something like the case in the OP, the State must prove beyond a reasonable doubt, either: “1) that the knife was designed or specifically adapted for use as a weapon or 2) that the defendant possessed, carried, or used the knife as a weapon.”  State v. Cathel (1998),127 Ohio App.3d 408, 412.

Sounds good so far, but then it gets kind of murky.  A judge in Pickaway County was quoted saying "The record is devoid of any evidence which demonstrates beyond a reasonable doubt that this knife was designed or adapted for use as a weapon. It was neither a switch or other spring-loaded blade, nor a gravity blade capable of instant one-handed operation, and differs only in its somewhat greater length from the familiar type of clasp knife carried as a useful tool by thousands."  State v. Ratcliff (Oct. 26, 1983), Pickaway App. No. 82 CA 13.  This sounds good, unless you are carrying a Spyderco, or an assisted opening knife.  It worries me a bit.  

IMHO, the best bet would be for counsel to argue that the knife was with rescue/medic gear, but at the same time file a motion in limine to exclude the two airsoft guns also found in the car, as well as the stun gun found in the car.  The prosecutor might try to get all of that in as circumstantial evidence that the boy was carrying "weapons."
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T.O.M.

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Re: Teen's Life Ruined Over Pocketknife
« Reply #29 on: March 17, 2014, 12:29:30 PM »
Interesting information Chris.

I agree that this could go either way, depending what info is out there and accurate. However even if the kid is 100% in the right, and completely exonerated, it sounds like just the arrest record will have hosed him for the paths he wanted to take. Unless he gets the record expunged I guess, but the financial burden would be on him for that (unless he wins a lawsuit or something).

I need to double-check this, but I believe that the record may be immediately sealed and expunged if he is acquitted or the charges are dismissed.
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Perd Hapley

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Re: Teen's Life Ruined Over Pocketknife
« Reply #30 on: March 17, 2014, 09:06:59 PM »
i suspect that some school admin got their thong twisted over seeing him pose with guns and once the "find something" juggernaut got momentum they had to get him or look like fools. the mentality is devoid of the ability to take a realistic appraisal of its actions

I would guess that's probably how it started.
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T.O.M.

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Re: Teen's Life Ruined Over Pocketknife
« Reply #31 on: March 19, 2014, 09:52:56 AM »
This kid had bond set at $500,000.  I've got a guy coming in on a child custody case this morning.  He's in jail for Agg. Robbery, Fel. Assault, Weapons under Disability, and 2 gun specifications for an incident in which a guy was shot and robbed.  His bond is $250,000...

Yeah, something stinks in that kid's case.
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a.k.a. "our resident Legal Smeagol."...thanks BryanP
"Anybody can give legal advice - but only licensed attorneys can sell it."...vaskidmark