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Longtime Louisville Lawyer says: it's not a great look for
Posted on: May 17, 2024 at 15:41:59 CT
KCT-BoneTiger MU
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the police department in terms of civil liability to have released somebody on the spot who allegedly committed this assault in the second degree on a police officer. If he's really this dangerous madman, why are you releasing him?
Is the way Scheffler was arrested and booked normal?
I do the civil side of cases like these and I've had a lot of them, and one of the things I'm always going to look at is that this is a felony, and they released him quickly. That's unusual. If a reviewing judge believed he'd seriously assaulted a police officer, he's probably not going to make his morning tee time.
Let's talk about the charges. The most serious is the assault charge. Can you explain that one?
So assault in the second degree is a felony charge, it's a Class C felony, and felonies in Kentucky are any crime that's punishable by a year or more in jail. The lowest level felony is Class D, and this is a step above that. It's a special category of assault that's elevated because a police officer was involved, and the penalties are more serious that can carry a sentence of 5-10 years. And this is just so bizarre, and it's sad all around.
If you read the statute, the only way you get intent, my assumption is they're going to allege that his car was a dangerous instrument, which no doubt a car can be, right?
From what I understand, it sounds like B, under the statute, the only one I can see they could be trying for is that he caused physical injury to a police officer and did it on purpose. And that seems like a real stretch.
At worst, it sounds like he was confused about where to go. Again, it's dark, it's raining, there are these really distracting flashing lights. It's very difficult to see, and I don't know whether he heard the officer yelling, or whether he understood the directions, it's hard for me to say.
I can just tell you again that when we were there, I took special notice because this is my work, and it seems unsafe. I turned and looked back for a few more seconds, and I saw a police officer holding up a hand to stop traffic, and they didn't stop. Four or five cars came through, and the officers just looked at each other like, what can you do?
What are the range of outcomes here?
The prosecutor can go with the police officer and say, no, we're not amending this. We're not lowering it, we're not going to do a deal or a plea agreement. That could go to trial. You can't say that it won't. Odds are against it, and statistically I'd say very much against that actually happening, but it's possible.
But I think they'll be looking really close at, what's the intent here? I would say you don't charge somebody with a felony because they make a mistake and they're confused. Did he really mean to hurt somebody? And it looks to me like a case where they charged him with a felony because he had been cuffed, and you better charge somebody with something if you're going to put them in handcuffs.
I don't want to read between the lines or put words in your mouth, but is it the case that you don't think the felony will stick?
As far as predicting it, that's hard to say. But again, the idea of it going to trial, odds are against
http://www.golfdigest.com/story/pga-championship-scottie-scheffler-legal-expert
Is the way Scheffler was arrested and booked normal?
I do the civil side of cases like these and I've had a lot of them, and one of the things I'm always going to look at is that this is a felony, and they released him quickly. That's unusual. If a reviewing judge believed he'd seriously assaulted a police officer, he's probably not going to make his morning tee time.
Let's talk about the charges. The most serious is the assault charge. Can you explain that one?
So assault in the second degree is a felony charge, it's a Class C felony, and felonies in Kentucky are any crime that's punishable by a year or more in jail. The lowest level felony is Class D, and this is a step above that. It's a special category of assault that's elevated because a police officer was involved, and the penalties are more serious that can carry a sentence of 5-10 years. And this is just so bizarre, and it's sad all around.
If you read the statute, the only way you get intent, my assumption is they're going to allege that his car was a dangerous instrument, which no doubt a car can be, right?
From what I understand, it sounds like B, under the statute, the only one I can see they could be trying for is that he caused physical injury to a police officer and did it on purpose. And that seems like a real stretch.
At worst, it sounds like he was confused about where to go. Again, it's dark, it's raining, there are these really distracting flashing lights. It's very difficult to see, and I don't know whether he heard the officer yelling, or whether he understood the directions, it's hard for me to say.
I can just tell you again that when we were there, I took special notice because this is my work, and it seems unsafe. I turned and looked back for a few more seconds, and I saw a police officer holding up a hand to stop traffic, and they didn't stop. Four or five cars came through, and the officers just looked at each other like, what can you do?
What are the range of outcomes here?
The prosecutor can go with the police officer and say, no, we're not amending this. We're not lowering it, we're not going to do a deal or a plea agreement. That could go to trial. You can't say that it won't. Odds are against it, and statistically I'd say very much against that actually happening, but it's possible.
But I think they'll be looking really close at, what's the intent here? I would say you don't charge somebody with a felony because they make a mistake and they're confused. Did he really mean to hurt somebody? And it looks to me like a case where they charged him with a felony because he had been cuffed, and you better charge somebody with something if you're going to put them in handcuffs.
I don't want to read between the lines or put words in your mouth, but is it the case that you don't think the felony will stick?
As far as predicting it, that's hard to say. But again, the idea of it going to trial, odds are against
http://www.golfdigest.com/story/pga-championship-scottie-scheffler-legal-expert
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Longtime Louisville Lawyer says: it's not a great look for - KCT-BoneTiger MU - 5/17 15:41:59