Really? Then why was the charge dropped?
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Replying to @EmilyGorcenski
The judge literally spent hours looking at footage and found there was not enough evidence to move forward with your malicious bodily injury charge. Pretty sure he is more qualified to make that call than you are.
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Replying to @DavidOShine3
(psst, that's not what I alleged in my complaint)
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Replying to @EmilyGorcenski
You alleged that you were affected by Cantwell's pepperspray. That could not be proven. End of story.
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Replying to @DavidOShine3
It was literally determined to be likely enough to proceed with a class 3 charge.
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Replying to @EmilyGorcenski
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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Replying to @DavidOShine3
Read the statue: "...and bodily injury results"pic.twitter.com/7CSF2uCVmM
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Replying to @EmilyGorcenski
"CAPABLE of, producing vile or injurious or nauseating odors" no injury or victim is necessary for this charge.
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Replying to @DavidOShine3
"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.
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