etyotx

Now, let's assume what Colerbule said is what happened (and ALL THAT HAPPENED). So, Colerblue, I'm asking you some questions:

1-How does what Hooks did equal burglary and assault?

2-Why weren't the waterballoon tossers likewise charged?

3-Why would So'oto be suspended?

I'm glad that Hooks was willing to defend the girl, but I wish he hadn't responded like that.

These facts, unfortunately, do likely constitute burglary, assault, and criminal mischief.

Assault:
UCA 76-6-102

1) Assault is:
(b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another.

Burglary:
UCA 76-6-202

(1) An actor is guilty of burglary if he enters or remains unlawfully in a building or any portion of a building with intent to commit:
(a) a felony;
(c) an assault on any person;

Criminal Mischief:

UCA 76-6-106
(2) A person commits criminal mischief if the person:
(c) intentionally damages, defaces, or destroys the property of another.

Assault is a misdemeanor in all cases and criminal mischief is likely a misdemeanor in this case (unless that was a very, very expensive door). Burglary, however, is a felony here. Still, I would be surprised, even if these facts are true, to see the burglary charge. Prosecutors rarely will go after that in provocation situations like this.

timmyboy

etyotx

Now, let's assume what Colerbule said is what happened (and ALL THAT HAPPENED). So, Colerblue, I'm asking you some questions:

1-How does what Hooks did equal burglary and assault?

2-Why weren't the waterballoon tossers likewise charged?

3-Why would So'oto be suspended?

I'm glad that Hooks was willing to defend the girl, but I wish he hadn't responded like that.

These facts, unfortunately, do likely constitute burglary, assault, and criminal mischief.

Assault:
UCA 76-6-102

1) Assault is:
(b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another.

Burglary:
UCA 76-6-202

(1) An actor is guilty of burglary if he enters or remains unlawfully in a building or any portion of a building with intent to commit:
(a) a felony;
(c) an assault on any person;

Criminal Mischief:

UCA 76-6-106
(2) A person commits criminal mischief if the person:
(c) intentionally damages, defaces, or destroys the property of another.

Assault is a misdemeanor in all cases and criminal mischief is likely a misdemeanor in this case (unless that was a very, very expensive door). Burglary, however, is a felony here. Still, I would be surprised, even if these facts are true, to see the burglary charge. Prosecutors rarely will go after that in provocation situations like this.

I'm sure you know this already but BYU and Provo are notorious for overcharging people so that they can plea down to something later. The charges seem to rarely have anything to do with the actually offense.

http://www.sltrib.com/ci_5627453

Facts revealed...

Sorry this is the lawyer in me... but if both the assault and criminal mischief were misdemeanors, there would be no burglary because there is not intent to commit a felony... because there is no other felony. Just a thought. Let's wait and see what the prosecutors charges them with before charging them ourselves.

These guys broke into someone's apartment because their buddy got hit with a water balloon???


Outstanding! Grow up fellas.

Airwolf84

These guys broke into someone's apartment because their buddy got hit with a water balloon???

You have zero integrity and no character. Laughing at others' misfortunes is just cowardly. You do not deserve membership on this site. I have always thought you were welcome here, despite not being a BYU fan-I no longer believe so. You have sunk to your lowest low. One who seeks to hurt others is not a good person.

EDIT: If I get booted or temporarily banned for a personal attack, then Airwolf84 deserves much worse.