The Reason For the Cheney Coverup: He's Guilty of a FELONY under TX Law!

[berni_mccoy]

According to TX Penal Code, Chapter 22 (http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000022.00.htm#22.01.00)

§ 22.01. ASSAULT. (a) A person commits an offense if
the person:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with
imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical
contact with another when the person knows or should reasonably
believe that the other will regard the contact as offensive or
provocative.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor,...

And the definition of Reckless under TX Law (http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000006.00.htm#6.03.00)

§ 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A
person acts intentionally, or with intent, with respect to the
nature of his conduct or to a result of his conduct when it is his
conscious objective or desire to engage in the conduct or cause the
result.
(b) A person acts knowingly, or with knowledge, with respect
to the nature of his conduct or to circumstances surrounding his
conduct when he is aware of the nature of his conduct or that the
circumstances exist. A person acts knowingly, or with knowledge,
with respect to a result of his conduct when he is aware that his
conduct is reasonably certain to cause the result.
(c) A person acts recklessly, or is reckless, with respect
to circumstances surrounding his conduct or the result of his
conduct when he is aware of but consciously disregards a
substantial and unjustifiable risk that the circumstances exist or
the result will occur. The risk must be of such a nature and degree
that its disregard constitutes a gross deviation from the standard
of care that an ordinary person would exercise under all the
circumstances as viewed from the actor's standpoint.
(d) A person acts with criminal negligence, or is criminally
negligent, with respect to circumstances surrounding his conduct or
the result of his conduct when he ought to be aware of a substantial
and unjustifiable risk that the circumstances exist or the result
will occur. The risk must be of such a nature and degree that the
failure to perceive it constitutes a gross deviation from the
standard of care that an ordinary person would exercise under all
the circumstances as viewed from the actor's standpoint.

And it gets worse since the victim was over 65 (http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000022.00.htm#22.04.00):

§ 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR
DISABLED INDIVIDUAL. (a) A person commits an offense if he
intentionally, knowingly, recklessly, or with criminal negligence,
by act or intentionally, knowingly, or recklessly by omission,
causes to a child, elderly individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury;
or
(3) bodily injury.
(b) An omission that causes a condition described by
Subsections (a)(1) through (a)(3) is conduct constituting an
offense under this section if:
(1) the actor has a legal or statutory duty to act; or
(2) the actor has assumed care, custody, or control of
a child, elderly individual, or disabled individual.
(c) In this section:
(1) "Child" means a person 14 years of age or younger.
(2) "Elderly individual" means a person 65 years of
age or older.
(3) "Disabled individual" means a person older than 14
years of age who by reason of age or physical or mental disease,
defect, or injury is substantially unable to protect himself from
harm or to provide food, shelter, or medical care for himself.
(d) The actor has assumed care, custody, or control if he
has by act, words, or course of conduct acted so as to cause a
reasonable person to conclude that he has accepted responsibility
for protection, food, shelter, and medical care for a child,
elderly individual, or disabled individual.
(e) An offense under Subsection (a)(1) or (2) is a felony of
the first degree when the conduct is committed intentionally or
knowingly. When the conduct is engaged in recklessly it shall be a
felony of the second degree.

Cheney COMMITTED A SECOND DEGREE FELONY!

The punishment for such an offense is min 2 max 20 years (http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.003.00.000012.00.htm#12.33.00):

§ 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An
individual adjudged guilty of a felony of the second degree shall be
punished by imprisonment in the institutional division for any term
of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged
guilty of a felony of the second degree may be punished by a fine not
to exceed $10,000.

[Viva_La_Revolution]

1. add it to the list...

:cry:

[Dunvegan]

2. Timeline and Other Pertinent Law in Cheney / Whittington Shooting

From the Texas Parks and Wildlife Website:
http://www.tpwd.state.tx.us/publications/annual/hunt/general/

Legal Shooting Hours for all Game Animals and Nonmigratory Game Birds: from one-half hour before sunrise to one-half hour after sunset.

Was the timeline correct? Or, was Cheney and party shooting after the legal time of day for hunting?

[berni_mccoy]

5. One half-hour after sunset at that ranch is 6:56 pm CST

So he'd have to be shot after 6:56pm for it to be illegal hunting.

[Phoebe Loosinhouse]

6. Why the 1 hour delay in the transport to the hospital?

What was going on from 5:30 to 6:30? I assume that's a long time to wait to decide to transport a gunshot victim.

[Brotherjohn]

3. I think that's a stretch. Hunting with someone hardly qualifies as...

... assuming "care, custody, or control of a child, elderly individual..." on the part of the "actor" (Cheney).

Not that I wouldn't love it to be true.

[MADem]

4. But he will LIE and his witnesses will SWEAR to it

They've already swiftboated Lawyer "Pepperpot" Whittington--see, the old geezer had the balls to come up behind the VeePee and well, he NEEDED shootin'!!! He jumped in the WAY, see....no reckless intent or willfulness there, see....it's all the fault of that geezer lawyer, see....!!!!!

They needed 22 hours to get the story straight--it's why the FIRST THING out of the hostess's mouth to the reporter after almost a DAY of silence was that WHITTINGTON SCREWED UP. They had to lay that groundwork; that was more important, over the long term, than being TIMELY with the release.

It's also why they wouldn't let the cops do any pesky interviewing--no interviews until everyone MEMORIZES THE SCRIPT.

[Dr. Jones]

7. You would have to prove Cheney acted recklessly.

His defense is that he simply made a mistake, not acted recklessly. However, if it were proven that Cheney was drunk and shooting up the place at random, then yes, that would be reckless. Question is, who would be willing to go against the second most powerful man in our government and give that kind of testimony.

[berni_mccoy]

11. I'd be willing to put it to a jury.

When you are wielding a shotgun that can do serious bodily injury, you must take reasonable precautions that someone isn't in your line of fire. The results of not taking reasonable precautions could be death, so the risk warrants the precaution. The fact that Cheney shot somone is evidence that he didn't take that precaution.

A jury would be required to make that call.

[Hobarticus]

16. Witnesses would have to corraborate claims of recklessness....

...and Cheney surrounds himself with sycophants and favor-seekers, I'm sure.

[berni_mccoy]

18. As long as they corraborate that Cheney actually shot him

Then reckless isn't that hard to prove under Texas law.

See my posts #11 and #15. I'd be willing to put it to a jury.

[Hobarticus]

26. Not that simple...

The fix is in. The WH has already taken the position that it's the victim's fault. That's a CLEAR signal to the other hunting party members to toe the line.

These people are close to Cheney and the administration for a reason. They'll do as they're told. They're not unbiased witnesses off the street. I guarantee you that anyone connected to the witnesses knows the score already, and will keep their pieholes shut.

It took the property owner to finally call for help. The damn Secret Service didn't even lift a finger. What side of the law do you think this will fall on?

In another post, you use a car backing over a child as an example of recklessness. If I see one driver speed out of the driveway in a hurry without looking and hit a child in plain view, or I see another driver look carefully and proceed with caution but still hit a child who darted into his path, and I call them both reckless, then who's to say I'm right or wrong? Now it's up to you to decide what's reckless, but you weren't there so you have to rely on my account, and I can alter my account to fit the outcome I desire. It's totally objective. Unless you yourself were there, and the witnesses will never turn over. Just running over a child doesn't prove recklessness.

Believe me, I wish it were as you propose, but this will go nowhere.

[druidity33]

33. here you go...

Was the safety on or off? If it was off, he was reckless... ask any hunting/gun safety expert. Drunk or no, that would be heresay at this point. Also i've been told, always aim so that the sight is over the horizon (unless hunting rabbit/crawly critters)... and never fire when you haven't accounted for all members of your party. Seems like he ignored all basic safety rules, didn't have the right permit and wasn't out at the right time of day... sounds kinda reckless to me.

[Toucano]

8. He ain't guilty until a court says he's guilty.

And that ain't gonna happen in Texas.

[berni_mccoy]

19. True. But don't sell Texans short...

[mom cat]

51. Any of ya'll think that ole Ronnie Earle'd be intrusted?

He could bag an even bigger bird than Delay!

[Hobarticus]

9. Hunting accidents happen all the time around my neck of the woods....

and I've never heard of anyone getting charged with anything, even in the most ridiculous-sounding circumstances.

Strange, you can get charged for being involved in a car accident, but get in the middle of a hunting accident and you get bupkus.

I'd love to see it, but I doubt this will come to anything.

[SteppingRazor]

10. Given the legal definition, how is it Cheney acted recklessly?

Just playing devil's advocate here.

[berni_mccoy]

15. Is injuring someone with a vehicle reckless? Say backing up over a child?

I would think that it is. Same rules apply here.

[Texasgal]

32. Good luck with that...

I just got my ass handed to me earlier this morning.

[ShockediSay]

43. if he were drunk...............n/t

[Dunvegan]

12. By the way, according the the police report, Cheney's gun was this:

...the 28 Gauge Perazzi Brescia:

[Vickers]

28. What a fancy weapon!

I bet the average hunter who voted for Bush/Dick has a much plainer shotgun. :eyes:

[Lasher]

36. That's a $6,000.00 shotgun

So you are certainly right about that.

[Gruenemann]

38. An ITALIAN gun?????

Why does he HATE AMERICA?????

[Mike Daniels]

13. I would think the victim also needs to press charges

and since that's highly unlikely......

[BrotherBuzz]

25. The District Attorney, not the victim, decides in a criminal case

Victim can choose to pursue a civil case

[Mike Daniels]

30. Attorney still needs cooperation of the witness

All it takes is for the witnesses to say, "OOP'S", can't remember..." and it's all over.

[BrotherBuzz]

31. It's possible to make a case without witnesses...

especially if the physical evidence is compelling. Point being, the DA makes the decision not the victim.

[mzmolly]

14. Much as I'd like to believe this the word "reckless" is a bit iffy.

;)

[berni_mccoy]

17. See my posts #11 and #15 above

I'd be willing to put it to a jury. We'd have to hear the evidence/testimony first of course, but it sounds pretty reasonable to me.

[onenote]

21. I'm sure you'd like to put it to a jury, but it won't happen

And not just because this case involves the VP. Incidents where people get hurt, whether hunting, driving, doing construction, and a million other ways, happen all the time and people are not charged with anything. The standard is a lot higher than you think or want it to be.


PS - No one is "guilty" of anything until they're charged, tried and convicted, so you're subject heading is simply an expression of what you wish.


onenote

[berni_mccoy]

23. I hear you...

If I had titled it: "Cheney could be guilty" or "Is Cheney Guilty?" then no one would have responded... that's a simple fact here... I put it out for controversy.

And you are right, I don't expect this to go anywhere, but it sure does give motive for the delay in the story...

[Tyler Durden]

20. It's the FAILURE TO PROMPTLY REPORT THE INCIDENT....

...That is the actual CRIME.

It doesn't matter whether or not the victim files charges, you have to REPORT THE INCIDENT TO AUTHORITIES, IMMEDIATELY.

At least here in Michigan: I called the cops to ask.

[Hobarticus]

27. Now this angle has some legs...

I'd expect nothing less from Tyler Durden.

[TX-RAT]

40. Not here.

The hospital is the only one required to notify LE, if a gunshot wound comes in.

[berni_mccoy]

47. He refised an interview with police...

I think that falls under the category of evasion which as another poster in this thread pointed out IS ILLEGAL in Texas Penal Code.

[donheld]

22. These people never seem to pay for their crimes

Seems to be a separate rule of law for them.

[berni_mccoy]

24. More support toward recklessness:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x414595

[AndyA]

29. 24 Hours to report a crime?

Was this reported in 24 hours? I don't know if this applies in this particular case, but a lot could have happened in the first few hours after the incident. A sobering up period, for one. Getting the story straight, for two.

[Dunvegan]

34. Hiding your mistress = #3

[Ganja Ninja]

35. You may have missed a couple

Here’s one:

§ 38.04. EVADING<0> ARREST OR DETENTION. (a) A person
commits an offense if he intentionally flees from a person he knows
is a peace officer<0> attempting lawfully to arrest or detain him.

and this:

§ 38.05. HINDERING APPREHENSION OR PROSECUTION. (a) A
person commits an offense if, with intent to hinder the arrest,
prosecution, conviction, or punishment of another for an offense
or, with intent to hinder the arrest, detention, adjudication, or
disposition of a child for engaging in delinquent conduct that
violates a penal law of the grade of felony, he:
(1) harbors or conceals the other;
(2) provides or aids in providing the other with any
means of avoiding arrest or effecting escape; or
(3) warns the other of impending discovery or
apprehension.


http://www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=BOHZMCOMYLIQ&CQ_QUERY_HANDLE=124156&CQ_CUR_DOCUMENT=24&CQ_TLO_DOC_TEXT=YES

[berni_mccoy]

42. And those are so very important parts of this case.

Thank you.

[berni_mccoy]

37. If Whittington Dies, it's manslaughter

2nd degree felony, 2-20 years.

http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000019.00.htm#19.04.00

§ 19.04. MANSLAUGHTER. (a) A person commits an
offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second
degree.

[TX-RAT]

39. I will repeat, one more time.

As long as all in the party agree it's an accident, especially the victim. then it's nothing more than an incident report, as far as Law-Enforcement is concerned. With that said, he could come back and sue Cheney for negligence.

[berni_mccoy]

41. What happens in a case when a victim dies

and there are no other witnesses? Is the case just dropped?

[Ganja Ninja]

45. But local law enforcement may not have the last say in this case.

For now it's an incident but if a County or state prosecutor decides the incident warrants a closer look they could check into Cheney's behavior before and after the shooting. They could gather testimony from people who did not witness the shooting itself but may have seen the party drinking in a public place before the incident. At that point whatever the parties involved say may not matter especially if one of the parties is dead.

[berni_mccoy]

46. Very good point.

[debbierlus]

44. A most excellent post!

[Wilms]

48. K&R n/t

[cascadiance]

49. High Crimes and Misdemeanors! IMPEACH!

[berni_mccoy]

50. LOL! Nice pic!

[Nothing Without Hope]

52. Good find. I'll add to COMPILATION of threads on Cheney shooting - LINK:

I will continue to update - I'd love it if you all would too:

In General Discussion:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x411916
thread title (2-14-06 GD): Thread COMPILATION on Cheney shooting/Fuddgate - including VIDEOS:

In the Research Forum:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=358x3133
thread title (2-14-06 RESEARCH FORUM): Compilation of threads on 2/06 Cheney shooting incident, including videos

[cascadiance]

53. Perhaps Cheney will now start hunting this way in Texas...

So he doesn't have to be bound by Texas law if he has another accident. Not sure if there are laws covering "internet" shootings/murder though...

http://www.msnbc.msn.com/id/6507424/