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Thread: Another Candidate for Jury Nullification

  1. #1

    Another Candidate for Jury Nullification

    I generally don't post articles, but this was worth an exception. I REALLY can empathize with this guy.

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    Angry Milwaukee man allegedly shoots lawn mower

    Fri Jul 25, 3:26 PM ET

    MILWAUKEE - A Milwaukee man was accused of shooting his lawn mower because it wouldn't start. Keith Walendowski, 56, was charged with felony possession of a short-barreled shotgun or rifle and misdemeanor disorderly conduct while armed.
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    According to the criminal complaint, Walendowski said he was angry because his Lawn Boy wouldn't start Wednesday morning. He told police quote, "I can do that, it's my lawn mower and my yard so I can shoot it if I want."

    A woman who lives at Walendowski's house reported the incident. She said he was intoxicated.

    Walendowski could face up to an $11,000 fine and six years and three months in prison if convicted.

    A call to Walendowski's home went unanswered Friday morning.

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    Like he said, his property, his lawn mower, his business! A nosy neighbor and God damned intrusive government, and this is what happens.

    I really doubt he gets 6 years and a $11,000 fine, though. There's got to be at least one member of any jury who considers what he did somewhere between justified and not worth prosecuting/harrassing him about.

  2. #2
    Sorry, they're gonna have to get the jury to stop laughing long enough to hear the case.
    "Greatness is not an act... but a habit.Greatness is not an act... but a habit." -Greg Jennings

  3. #3
    Postal Rat HOFer Joemailman's Avatar
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    To make matters worse:

    Dick Wagner of Wagner's Garden Mart, 6075 N. Green Bay Ave., said shooting the mower didn't help Walendowski's odds of getting it repaired.

    "Anything not factory recommended would void the warranty," he said.
    Ring the bells that still can ring
    Forget your perfect offering
    There is a crack, a crack in everything
    That's how the light gets in - Leonard Cohen

  4. #4

    Re: Another Candidate for Jury Nullification

    Quote Originally Posted by texaspackerbacker
    She said he was intoxicated.
    there's a shocker

  5. #5
    Some of you guys (and gals) apparently have never pulled and pulled and pulled the damn rope and had the piece of crap mower not start.

    For all my defense of gun rights, I don't own one. If I did, I might well have shot several lawn mowers over the years. And I don't drink either.

  6. #6
    Indenial Rat HOFer bobblehead's Avatar
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    I am a gun fanatic, but the dude had no right to fire a round off, while drunk, in city limits for that purpose. What if the bullet fragmented/ricocheted or whatever, it was a fucking stupid thing to do and he should plea out a fine and move on with his life. Not saying I never do dumb things, I just don't try and justify them by saying my lawnmower, my yard. With rights come responsibility and he displayed a lack thereof.
    I don't hold Grudges. It's counterproductive.

  7. #7
    Senior Rat HOFer the_idle_threat's Avatar
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    Quote Originally Posted by bobblehead
    I am a gun fanatic, but the dude had no right to fire a round off, while drunk, in city limits for that purpose. What if the bullet fragmented/ricocheted or whatever, it was a fucking stupid thing to do and he should plea out a fine and move on with his life. Not saying I never do dumb things, I just don't try and justify them by saying my lawnmower, my yard. With rights come responsibility and he displayed a lack thereof.
    Well said. In all seriousness, irresponsible crap like this is bad for responsible gun owners. Even though I admit I laughed when I first read this story the other day.

  8. #8
    Quote Originally Posted by the_idle_threat
    Quote Originally Posted by bobblehead
    I am a gun fanatic, but the dude had no right to fire a round off, while drunk, in city limits for that purpose. What if the bullet fragmented/ricocheted or whatever, it was a fucking stupid thing to do and he should plea out a fine and move on with his life. Not saying I never do dumb things, I just don't try and justify them by saying my lawnmower, my yard. With rights come responsibility and he displayed a lack thereof.
    Well said. In all seriousness, irresponsible crap like this is bad for responsible gun owners. Even though I admit I laughed when I first read this story the other day.
    The "my lawn mower/my yard" stuff has to do the the abhorrent propensity of the God damned government on ALL levels to stick its nose in and interfere in our lives. Bobblehead, I would think a libertarian like you would be leading the charge against crap like that--but no, you only seem to mind when the government spends, NOT when it regulates.

    Acknowledged about the stupidity and irresponsibility of what the guy did, but I say we have the right to be just as God damned stupid and irresponsible as we damn well please on our own property--as long as nobody gets hurt ...... and maybe even then if the person hurt doesn't belong there.

  9. #9
    Indenial Rat HOFer bobblehead's Avatar
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    Oh, I laughed pretty hard too.

    Tex, I don't know all the circumstances obviously, but I don't think this guys "yard" is like yours might be in texas. His neighbor is probably like 100 ft. away. If my chiild were in my garage when he decided to pop a round into his lawnmower I woulda been way pissed. I might have gotten my pistol and removed the threat to my child. You know, right to protect my family and all.

    The guy got drunk and frustrated and did a stupid thing, he should plea out, pay a fine and apologize, not try and justify it or claim it was an allright thing to do.

    I do believe in gov't regulation...its one of the main purposes of gov't, its over regulation where I have an issue, but having a law saying you can't fire rounds at a lawnmower where people might get hurt is kinda reasonable.
    I don't hold Grudges. It's counterproductive.

  10. #10
    Isn't it usually a "city limits" local ordinance, though?
    "Greatness is not an act... but a habit.Greatness is not an act... but a habit." -Greg Jennings

  11. #11
    I'd plead him out with a small fine too, but this felony crap is ridiculous.

  12. #12
    Redneck Rat HOFer Little Whiskey's Avatar
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    I had a bird that was building a nest in my gutter......guess what happens when a robin talks to the business end of a 12 gauge. I did wait until after the robin was off the house. my house my yard.

  13. #13
    Quote Originally Posted by Little Whiskey
    I had a bird that was building a nest in my gutter......guess what happens when a robin talks to the business end of a 12 gauge. I did wait until after the robin was off the house. my house my yard.
    That works for me. I suppose you are so far out in the boondocks that it doesn't make any difference, though.

  14. #14
    Senior Rat HOFer oregonpackfan's Avatar
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    If the guy had bought a lawnmower with a Briggs & Statton engine(made in Milwaukee, WI) in the first place, his lawnmower would have started! He would not have lost his temper and he would not have had to shoot the engine.

    I have been a big advocate of Briggs & Statton engines my whole life. They have been reliable as any small engine around. To this day, my lawnmower has a B & S engine. It starts first pull almost every time.

    When I had to replace my lawnmower about 12 years ago, I went to Home Depot. The salesperson tried tried to sell me a lawnmower with another engine and other features. I ignored his advice and bought the one with the Briggs & Stratton engine.

    More impressively, after a winter of inactivity, my lawnmower with a Briggs & Stratton engine usually starts with the first pull. You can't expect anything better than that.

  15. #15
    Quote Originally Posted by texaspackerbacker
    I'd plead him out with a small fine too, but this felony crap is ridiculous.
    Why is it ridiculous? The felony is for a short barrelled shotgun or rifle.

    The law is the law. Except when you conservatives don't like it..then it is ridiculous.

  16. #16
    Quote Originally Posted by Tyrone Bigguns
    Quote Originally Posted by texaspackerbacker
    I'd plead him out with a small fine too, but this felony crap is ridiculous.
    Why is it ridiculous? The felony is for a short barrelled shotgun or rifle.

    The law is the law. Except when you conservatives don't like it..then it is ridiculous.
    The law is the law. THAT is exactly why I titled the thread ..... JURY NULLIFICATION. Jury nullification means the person is clearly guilty by the letter of the law--usually some incipid law designed by and for God damned liberals and aimed at decent normal Americans. However, the Constitutional right to a trial by a jury of one's peers enables a sympathetic defendant to be acquitted just because 12 good normal people--or even one stubborn good normal person damn well feel like it.

    Ain't America wonderful--oh yeah, Tyrone, I know you don't think so. Tough shit about that!

    BTW, it ain't great Briggs & Stratton engines in most cases that is the problem. It is the cheap plastic carburetors that Murray and many cheap brands use that is the culprit--even with a Briggs & Stratton engine.

  17. #17
    Yeah..it is really going to trial.

  18. #18
    Indenial Rat HOFer bobblehead's Avatar
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    Quote Originally Posted by texaspackerbacker
    I'd plead him out with a small fine too, but this felony crap is ridiculous.
    I agree with that, but his apology and sincere understanding that what he did was stupid might help in a plea.
    I don't hold Grudges. It's counterproductive.

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