Sunday, July 15, 2007

Score One For The Good Guys...

...Or Gals...

"A charge against a Bedford woman, accused of brandishing a firearm at a Bedford police officer, was dismissed in Bedford County Circuit Court last week.

Frances Stinnette, 75, of Bedford was originally charged with felonious assault on a police officer as a result of an incident that occurred at her home in the wee hours of Thanksgiving morning last year. Officer Darren Hogan had come to the house in response to a 911 call that Stinnette made. By the time the case reached circuit court, the charge had been reduced to brandishing a firearm, a Class I misdemeanor. Stinnette pleaded not guilty and requested a bench trial before Judge James Updike."

In a nutshell; officer arrives without sirens or fanfare, approaches a frightened elderly woman who is unaware of his constabulary status. She may or may not have raised a revolver in his direction. He freaks, they charge her with felonious assault to stop him from weeping all the livelong day, then the Judge has a listen and determines the following:

"Judge Updike noted that Officer Hogan did not announce that he was a police officer. Updike said that one would reasonably think that that would be the first thing he would do. He also noted that it was dark, there were no lights and that Hogan was close to Stinnette and there was a flashlight in her face.

"She was entitled to use reasonable force," Judge Updike concluded. "Charge dismissed."

















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