It is typically better to review the text of a statute ... (Reply #47)

In the discussion thread: "The NMCG just gunned down someone in cold blood at a protest outside the Albuquerque Museum" [View all]

Response to niyad (Reply #36)

Tue Jun 16, 2020, 10:23 AM

PTWB (4,131 posts)

47. It is typically better to review the text of a statute ...

rather than trying to go by what the statute title “sounds like.”

30-3-5. Aggravated battery.

A. Aggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another.

B. Whoever commits aggravated battery, inflicting an injury to the person which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor.

C. Whoever commits aggravated battery inflicting great bodily harm or does so with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.

It appears that in New Mexico, if you shoot someone and injure them (unlawfully), and the prosecutor cannot prove an intent to kill, aggravated battery would be an appropriate charge.

I’m curious what the circumstances were that would warrant such a charging decision. Perhaps he got in an altercation with one person, shot at that person, missed that person and injured some bystander? I really don’t know.

We need every protester who is comfortable with firearms to come to protests armed. Don’t let the right wing militia murder us in the streets under police protection ... “armed friendlies” as the police call these right wingers.

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58 replies	Author	Time	Post
"The NMCG just gunned down someone in cold blood at a protest outside the Albuquerque Museum" [View all]	Dennis Donovan	Jun 2020	OP
😭😭😭 almost every single day.	dewsgirl	Jun 2020	#1
Sounds Like That Police Department Needs A Thorough Cleansing, Sir	The Magistrate	Jun 2020	#2
+1, Sir.	2naSalit	Jun 2020	#3
Amen,	pazzyanne	Jun 2020	#29
Without a question.	marble falls	Jun 2020	#30
The article has it right: "unregulated militia's"	StClone	Jun 2020	#31
No doubt taken into custody without being shot by police	Dread Pirate Roberts	Jun 2020	#4
WTH is the NM CIVIL guard? Are they part of the police, a militia group?	SaveOurDemocracy	Jun 2020	#5
It's a right-wing militia	dalton99a	Jun 2020	#8
Who gave them permission to "police" the streets?	Ilsa	Jun 2020	#10
The "Capt" is...	Happy Hoosier	Jun 2020	#27
Yep, Proud Boys and Boogaloo Bois	dalton99a	Jun 2020	#45
Stunning story	Johnny2X2X	Jun 2020	#6
+1	oasis	Jun 2020	#7
Here's a link:	iscooterliberally	Jun 2020	#9
I added the WaPo story to the OP	Dennis Donovan	Jun 2020	#15
I see where they were "detained"	Liberal In Texas	Jun 2020	#11
What the HELL is that thug carrying? What is that thing around his neck on that chain?	niyad	Jun 2020	#13
That's a good question. Tinfoil covered something hung with swag lamp chain.	Liberal In Texas	Jun 2020	#17
Looks like a gas mask canister	dalton99a	Jun 2020	#23
I'll say -- it that guy looks like FBI or ATF to me.	Captain Zero	Jun 2020	#24
Toilet paper roll was my first thought!	Tipperary	Jun 2020	#48
Is that a roll of toilet paper on a chain from his neck?	keithbvadu2	Jun 2020	#14
We are officially entering the "Brown-shirts" phase, in our Nazi Germany analogy.	bullwinkle428	Jun 2020	#12
Hate crime Felony assault attempted murder	aeromanKC	Jun 2020	#16
"What, have you got to lose"?	czarjak	Jun 2020	#18
APD: Protest shooter arrested, charged - Albuquerque Journal	KY_EnviroGuy	Jun 2020	#19
"Aggravated battery" sounds like he got punched, does not sound like he was SHOT IN COLD BLOOD	niyad	Jun 2020	#36
more like attempted murder!	rainy	Jun 2020	#42
Sounds like these goons are intimidating more than just protesters.	KY_EnviroGuy	Jun 2020	#43
Yeah, not sure I have heard of someone who shot some else being charged with battery	Cosmocat	Jun 2020	#46
I have.	NutmegYankee	Jun 2020	#52
It is typically better to review the text of a statute ...	PTWB	Jun 2020	#47
My guess is that armed protesters will be treated very differently than "armed friendlies".	Crunchy Frog	Jun 2020	#51
Thank you. That was most informative.	niyad	Jun 2020	#56
The FACT that these people can walk around uncontested with "weapons of mass destruction"	Ferrets are Cool	Jun 2020	#20
Don't shoot me, give me a professional courtesy will ya.	safeinOhio	Jun 2020	#21
I can't say what needs to be done.	roamer65	Jun 2020	#22
And who is going to do it?	Tipperary	Jun 2020	#49
Neither can I. nt	Atticus	Jun 2020	#57
"A well regulated militia"	IronLionZion	Jun 2020	#25
We have hundreds of self-appointed militias like this all over the country.	Lonestarblue	Jun 2020	#28
If they are using violence and intimidation for a political agenda	IronLionZion	Jun 2020	#35
The Reich Wing answer to defund the police. Look for Trump to praise them at his rally.	jalan48	Jun 2020	#26
This is what happens when people bring guns. It opens the door for this EXACT situation. nt	Quixote1818	Jun 2020	#32
who appointed these people defacto gaurds? themselves ? glad the fuzz is	AllaN01Bear	Jun 2020	#33
The Wingnuts were "protecting" the Statue of an Hispanic Guy, albeit a White One	Jersey Devlin	Jun 2020	#34
I'm glad to see the WoPo use "unregulated" militia to describe the group. Seems that needs to be the	rainy	Jun 2020	#37
I'm tired of retired cops and family members of cops thinking they are something special. I'm also	dameatball	Jun 2020	#38
Read about this last night, so happy to read the shot protester is expected to survive. Something	iluvtennis	Jun 2020	#39
people of this type	llashram	Jun 2020	#40
I bet no one put a knee in their necks	uponit7771	Jun 2020	#41
The "armed friendlies" were probably taken to Burger King	dalton99a	Jun 2020	#44
Local terrorist organization in league with local authorities. nt	Cognitive_Resonance	Jun 2020	#50
The sad thing is, that any attempt to rein in these groups will be regarded as	Crunchy Frog	Jun 2020	#53
I'll be referring to him as Steve Caca /nt	al bupp	Jun 2020	#54
Civil Guard? Like Francisco Franco's guardia civil?	DBoon	Jun 2020	#55
Domestic terrorists Republican fascists nt	live love laugh	Jun 2020	#58

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