Ducks Attack Message Board Forum

ICamel wrote:Per Eugene Register-Guard;
"Desmond (DJ) James, 20, and Jamal Hill, 20, were each charged Tuesday morning with two misdemeanor counts of reckless endangering and disorderly conduct, and one count of unlawful discharge of a firearm, which is a Class C felony in Oregon"
"Eugene Municipal Court records showed neither person had entered any plea on the charges as of Tuesday afternoon. They are scheduled for a hearing with a judge on Sept. 8."

Unlawful discharge of a firearm is not a felony crime that exists in Oregon. That is erroneous. I bet this is a mere code violation, which is not in the same realm of severity as a felony. It’s a fine that is less than getting caught doing 75 through Coburg.

Very poor and/or lazy reporting by the R-G. No one ever pursues libel but I would be upset if I had never been charged with a felony but a large newspaper said I was.

Based on the charges actually filed this is much less serious than it appeared. It’s still a crime meriting punishment, but considering the circumstances it appeared much worse for Hill and James.

GoDucksTroll wrote:

ICamel wrote:Per Eugene Register-Guard;
"Desmond (DJ) James, 20, and Jamal Hill, 20, were each charged Tuesday morning with two misdemeanor counts of reckless endangering and disorderly conduct, and one count of unlawful discharge of a firearm, which is a Class C felony in Oregon"
"Eugene Municipal Court records showed neither person had entered any plea on the charges as of Tuesday afternoon. They are scheduled for a hearing with a judge on Sept. 8."

Unlawful discharge of a firearm is not a felony crime that exists in Oregon. That is erroneous. I bet this is a mere code violation, which is not in the same realm of severity as a felony. It’s a fine that is less than getting caught doing 75 through Coburg.

Very poor and/or lazy reporting by the R-G. No one ever pursues libel but I would be upset if I had never been charged with a felony but a large newspaper said I was.

Based on the charges actually filed this is much less serious than it appeared. It’s still a crime meriting punishment, but considering the circumstances it appeared much worse for Hill and James.

If I remember correctly it’s either city or county specific.

https://oregon.public.law/statutes/ors_166.220

(3) Unlawful use of a weapon is a Class C felony. [Amended by 1975 c.700 §1; 1985 c.543 §1; 1991 c.797 §1; 2009 c.556 §5]


What am I missing? It kinda seems like the reporting was correct.

GoDucksTroll wrote:

ICamel wrote:Per Eugene Register-Guard;
"Desmond (DJ) James, 20, and Jamal Hill, 20, were each charged Tuesday morning with two misdemeanor counts of reckless endangering and disorderly conduct, and one count of unlawful discharge of a firearm, which is a Class C felony in Oregon"
"Eugene Municipal Court records showed neither person had entered any plea on the charges as of Tuesday afternoon. They are scheduled for a hearing with a judge on Sept. 8."

Unlawful discharge of a firearm is not a felony crime that exists in Oregon. That is erroneous. I bet this is a mere code violation, which is not in the same realm of severity as a felony. It’s a fine that is less than getting caught doing 75 through Coburg.

Very poor and/or lazy reporting by the R-G. No one ever pursues libel but I would be upset if I had never been charged with a felony but a large newspaper said I was.

Based on the charges actually filed this is much less serious than it appeared. It’s still a crime meriting punishment, but considering the circumstances it appeared much worse for Hill and James.

Well according to the ORS 166.220 (3) it is in fact a Class C felony as the RG described. As another already alluded to it will be plead down.

https://www.oregonlegislature.gov/bills ... rs166.html (ctrl-f -> 166.220)

Duck07 wrote:

GoDucksTroll wrote:

ICamel wrote:Per Eugene Register-Guard;
"Desmond (DJ) James, 20, and Jamal Hill, 20, were each charged Tuesday morning with two misdemeanor counts of reckless endangering and disorderly conduct, and one count of unlawful discharge of a firearm, which is a Class C felony in Oregon"
"Eugene Municipal Court records showed neither person had entered any plea on the charges as of Tuesday afternoon. They are scheduled for a hearing with a judge on Sept. 8."

Unlawful discharge of a firearm is not a felony crime that exists in Oregon. That is erroneous. I bet this is a mere code violation, which is not in the same realm of severity as a felony. It’s a fine that is less than getting caught doing 75 through Coburg.

Very poor and/or lazy reporting by the R-G. No one ever pursues libel but I would be upset if I had never been charged with a felony but a large newspaper said I was.

Based on the charges actually filed this is much less serious than it appeared. It’s still a crime meriting punishment, but considering the circumstances it appeared much worse for Hill and James.

Well according to the ORS 166.220 (3) it is in fact a Class C felony as the RG described. As another already alluded to it will be plead down.

https://www.oregonlegislature.gov/bills ... rs166.html (ctrl-f -> 166.220)

My googling has failed me. Everything I found had air softs listed as replicas. I am not asking you to waste time researching this, but do you know offhand if firing a replica is covered under Unlawful Discharge or have airsofts been reclassified?

(i found 166.210.3 as "“Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.")

No one ever pursues libel but I would be upset if I had never been charged with a felony but a large newspaper said I was.

Just FYI, a court will only find a journalist/journalistic organization guilty of libel when previous attempts to correct mistakes are ignored. (i.e. corrections and/or retractions.) Also, public figures can't win libel suits against the media without proving actual malice -- which basically means you can't knowingly publish lies. The libel law is designed as it is to prevent the government from chilling the media in order to avoid potentially negative scrutiny.

Papers don’t even have the money to pay someone if they lose anyways. They are all about 15 years away from extinction.

pezsez1 wrote:

No one ever pursues libel but I would be upset if I had never been charged with a felony but a large newspaper said I was.

Just FYI, a court will only find a journalist/journalistic organization guilty of libel when previous attempts to correct mistakes are ignored. (i.e. corrections and/or retractions.) Also, public figures can't win libel suits against the media without proving actual malice -- which basically means you can't knowingly publish lies. The libel law is designed as it is to prevent the government from chilling the media in order to avoid potentially negative scrutiny.

A US court will never find anyone guilty of libel because it’s not a crime but a civil matter.

You are correct that public figures must show malice. The question becomes if a relatively unknown college football player is considered a public figure. If they’re not then then they just need to show negligence, and you are correct they have to ask for a retraction first. I wasn’t suggesting that as a serious means, no matter how frustrating it is.

Duck07 wrote:

GoDucksTroll wrote:

ICamel wrote:Per Eugene Register-Guard;
"Desmond (DJ) James, 20, and Jamal Hill, 20, were each charged Tuesday morning with two misdemeanor counts of reckless endangering and disorderly conduct, and one count of unlawful discharge of a firearm, which is a Class C felony in Oregon"
"Eugene Municipal Court records showed neither person had entered any plea on the charges as of Tuesday afternoon. They are scheduled for a hearing with a judge on Sept. 8."

Unlawful discharge of a firearm is not a felony crime that exists in Oregon. That is erroneous. I bet this is a mere code violation, which is not in the same realm of severity as a felony. It’s a fine that is less than getting caught doing 75 through Coburg.

Very poor and/or lazy reporting by the R-G. No one ever pursues libel but I would be upset if I had never been charged with a felony but a large newspaper said I was.

Based on the charges actually filed this is much less serious than it appeared. It’s still a crime meriting punishment, but considering the circumstances it appeared much worse for Hill and James.

Well according to the ORS 166.220 (3) it is in fact a Class C felony as the RG described. As another already alluded to it will be plead down.

https://www.oregonlegislature.gov/bills ... rs166.html (ctrl-f -> 166.220)

In another shocking development, I was correct. The RG amended their story as did The Oregonian. $140 is the presumptive fine up to $500.

Editor's note: An earlier version of this story incorrectly classified the unlawful discharge of a weapon. It's a Eugene ordinance violation.

https://www.registerguard.com/story/new ... 575160001/

I see why there is a difference. Air Soft Drive By is how you get shot by a real gun though and their actions were idiotic.

Duck07 wrote:I see why there is a difference. Air Soft Drive By is how you get shot by a real gun though and their actions were idiotic.

Not only that but what if they'd caused a heart attack etc. This is worse say than punching Byron Hout for being a douchbag.

Yep agreed.

Sadly there was a similar case in Cleveland about 5 years ago where a 12 year old was shooting people in a park with an air soft gun. He then pointed it at the cops who showed up and was shot. There's no way for anyone who has a gun pointed at them in a split second to know if it's a toy or a real gun and they absolutely put themselves at risk for someone to shoot at them in a split second "self defense".

I mean, what if they shot a guy, he slipped and fell into traffic, causing a huge pile up. Then a tire got thrown from a car, rolls across the road and knocks out Thibs for the year. We can play the what if game all day, but it’s the what really happened game that matters. And it wasn’t enough to keep them out for any longer. They are back!

buckmarkduck wrote:I mean, what if they shot a guy, he slipped and fell into traffic, causing a huge pile up. Then a tire got thrown from a car, rolls across the road and knocks out Thibs for the year. We can play the what if game all day, but it’s the what really happened game that matters. And it wasn’t enough to keep them out for any longer. They are back!

This^


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buckmarkduck wrote:I mean, what if they shot a guy, he slipped and fell into traffic, causing a huge pile up. Then a tire got thrown from a car, rolls across the road and knocks out Thibs for the year. We can play the what if game all day, but it’s the what really happened game that matters. And it wasn’t enough to keep them out for any longer. They are back!

So by your logic, a player gets a DUII but doesn’t hurt him/herself or someone else he/she should be able to role into practice the next day….