Antifa attacks senior citizen. He responds to threat with a display of his firearm, he gets arrested by Salem Police Department who was present seeing all the events but did nothing to avoid it.
Breaking: #Antifa smash up a man’s truck at the Oregon state Capitol in Salem. He pulls out a gun and is arrested by responding police. #AntifaRiots pic.twitter.com/H4LTseLllo
— Andy Ngô (@MrAndyNgo) March 28, 2021
Maybe defunding the police is not such a bad idea. If they are going to be Antifa’s bitches. they should get their funding from them and stop milking the taxpayer.
Dear police:
Don’t do this. Seriously. I don’t care what the retards calling themselves ‘police chief’ and ‘mayor’ tell you.
You know that nervous feeling you get when you’re in the inner city, how everyone’s watching you and nobody’s your friend?
Imagine that, but everywhere.
If those treasonous subhuman animals didn’t want to be considered enemies of the people, maybe they shouldn’t go around actively supporting violent terrorists who have repeatedly committed acts of premeditated murder.
Although there is one good thing to come out of this, it’s shown former Blue Lives Matter folks like me how horrifically misguided we were being.
What, Are these idiot cops Thinking?
Every damn day, is another episode of the Twightlight Zone.
He is officer Justin oxenrider and a member of antifa.. The enemy..
Disgusting.
(Insert IANAL warning here.)
In fairness to the officer, Oregon law doesn’t authorize deadly force in defense of property except for occupied dwellings, and then only if someone is trying to forcefully enter — i.e. break in. (There’s another exception for someone using destructive means such as explosives or Molotovs, but that doesn’t apply here.)
So on one hand, if he pulled his gun because antifa was throwing paint at his truck, sorry, he’s out of bounds. (Some more context on this situation would be nice.)
On the other hand, arresting him right there — and presumably leaving his truck there for antifa to trash at their leisure until the tow truck arrives — was a d!ck move by the officer. Throwing paint at a moving vehicle (as the guy was in the traffic lane and there were cars behind him, it’s safe to assume he was driving and stipped) is recklessly dangerous, so antifa bears some culpability, too.
And on the shooting hand, if he was driving and some antifa punk threw paint, or even if they threw rocks or tried to hit his truck, the right move is to keep driving and report it later. There’s no sense in putting yourself in additional danger by stopping and getting out to confront the violent mob.
So fault all around, but he’s the only one going to prison. There’s a lesson here for the rest of us.
Just my $0.02.
We need to check in Oregon law the use of pepper spray, I would not be surprised if it raises to a felony. And I bet if you spray a cop, they will respond with deadly force.
(Reiterate IANAL warning. Just reading the statutes.)
Pepper spray, tear gas, and mace are considered “physical force”. Not deadly force, doesn’t cause serious physical injury.
Assuming we’re looking at charging the antifa punks and not the driver:
One person using pepper spray on someone is at most assault in the fourth degree, a Class A misdemeanor that can rise to a Class C felony under certain circumstances (none of which apply here). There’s also an “unlawful use in the second degree” statute for stun guns, pepper spray, tear gas, or mace, but it’s also a Class A misdemeanor.
However, they might make the case that the person/people spraying was/were being aided by other people, which makes it assault in the third degree, a Class C felony. (There are clauses to up it to a Class B felony, but not for this case.) That “2nd degree unlawful use” statute applies here, too.
But to answer your question, the rules change if it’s a police officer being pepper sprayed. “Assault of a public safety officer” is its own statute, a Class C felony, and that “unlawful use” becomes “1st degree” if the victim is a police officer, another Class C felony. So pepper spraying an officer is at least two felonies.
And of course, deadly force is authorized to stop or prevent a felony, so if you pepper spray a cop, they probably will shoot back…
… unless you’re antifa/blm, in which case even police officers can’t defend themselves against chemical and physical force — even deadly physical force — issued by a politically-favored mob.
(As a side note, the Legislature, in their infinite wisdom, is about to significantly expand where a CHL holder may not carry AND drastically increase the penalty for violations, so stepping or driving over those updated invisible lines will be a Class C felony … just as if you pepper sprayed a cop while not-antifa. Because public safety, or something. *smh*)