Everything you just said is both false and irrelevant to how the law works.
It was literally determined to be likely enough to proceed with a class 3 charge.
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The only thing in question is whether he deployed the pepperspray unlawfully. There are no charges left relating to personal injury to you or Goad.
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Read the statue: "...and bodily injury results"pic.twitter.com/7CSF2uCVmM
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"CAPABLE of, producing vile or injurious or nauseating odors" no injury or victim is necessary for this charge.
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"AND bodily injury occurs... class 3 felony" It was certified as a Class 3.
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In other words, for the charge to be certified at the level it was, bodily injury is a necessary element. It's ok, that's a subtlety you missed.
End of conversation
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