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This lady is all over the place, one minute she's daring him to shoot her, allegedly, to blaming him for being "what's wrong with America", all the while admitting to getting mad after a perceived slight by Mixon cutting her off and then flipping him off, which means she had to get next to him to do so.

 

Is she the victim or the initiator of the incident?  

 

 

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Just now, PatternMaster said:

This lady is all over the place, one minute she's daring him to shoot her, allegedly, to blaming him for being "what's wrong with America", all the while admitting to getting mad after a perceived slight by Mixon cutting her off and then flipping him off, which means she had to get next to him to do so.

 

Is she the victim or the initiator of the incident?  

 

 

 

Even if she did initiate the incident with the finger, is that a crime?  I don't think so.  Threatening to shoot someone and showing them a gun may be. 

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Just now, PatternMaster said:

 

But what proof is there that he did that?

 

It's just her word vs his and she seems unbelievable based on her own admissions. 

 

Of that I have no clue.  Just commenting about your prior post. It will depend upon what the judge thinks.

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Always remember: the charge is Aggravated Menacing.  
 

(A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person…

 

In addition to any other basis for the other person's belief that the offender will cause serious physical harm to the person or property of the other person…

 

…the other person's belief may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.

 

——————-

If there was a gun at the scene, and if Joe made it visible to the other person—plus including threatening voice or content—and the other person fears for safety….a good foundation for the case of AM has been laid. 
 

In reading the snipets, there has been no rebuttal (yet anyway) that Joe didn’t have a weapon present and/or made the weapon visible. Will be interested in hearing the defense case when they get to put it on in this regard. 
 

All of the filler used by the defense in trying to get her statements regarding what was said in disarray, is basically irrelevant. It is the manner of threat (gun present and visible) and real/tangible perception of imminent harm by the lady that will be taken into consideration by the judge. 
 

One of those days that it would be good to be in the courtroom listening/observing, as opposed to going off of media sound bites 

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Just now, Jamie_B said:

I'm guessing that the city has surveillance?

 

I doubt they have evidence that shows a gun or that would have been made public by now...you would think. 

 

I'm surprised the prosecutors even took this case, isn't there something more important to do than settle an argument between 2 angry drivers? If Mixon wasn't famous do you think this would be at trial?

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