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Charges Dismissed

7K views 49 replies 34 participants last post by  Ohio Rusty 
#1 ·
I've been following this story since March of 2008

A guy on bike asks speeding driver to slow down

Driver says OK he will
BUT Passenger jumps out of truck & attacks guy on bike

Guy on Bike has CCL

Rest of the Story
 
#4 ·
From the sounds of the article, the victim and the attacker both had previous criminal charges/convictions against them. I'm somewhat surprised it well this well for the victim. Attorneys have a way of making the good guy look bad if it pays. Glad to see due process work the way it was intended for once.
 
#5 ·
The defender's criminal past is probably WHY he was charged in the first place. In my county and general region, in Texas, it is unlikely a defender with a clean past would have been charged in the first place, in my opinion.

I am glad it worked out OK for the defender. FWIW, I am almost the same age as the defender, have a minor infirmity in my formerly "strong" arm, and am a bicyclist.
 
#8 ·
Man, you just really gotta be a scumbag when your best friend gives the statements this guy did against the deceased.

Excellent call by the judge.

All turned out well!
 
#10 ·
As other's have mentioned, the following concerns me,"
Article said:
Podany was charged with misdemeanor battery in 1994 and felony aggravated assault with a weapon in 1999. He pleaded no contest to the assault charge and adjudication was withheld, records show
Would anyone from FL like to expand on this, before I insert my foot in mouth? What does "adjudication" mean, and how did someone with this type of criminal past obtain a firearm, much less a CCW?
 
#11 ·
you can have a ccw with a felony beef in the past in florida? did I miss something here?

although Mr. P seems justified in using lethal force, why put oneself in such a situation? even police officers are at risk when they do a traffic stop; does one think that a civilian would get better respect or treatment?

I do wish that we have the castle doctrine in CT; we still have to make the effort to "RETREAT". yut.
 
#12 ·
"He pleaded no contest to the assault charge and adjudication was withheld, records show"
Withholding adjudication means the court failed to make a judgment, yes? Perhaps an attorney could explain that one.
 
#15 ·
I am not an attorney and just my opinion...

St. Petersburg Times Article said:
Podnay charged with misdemeanor battery in 1994 and felony aggravated assault with a weapon in 1999. He pleaded no contest to the assault charge and adjudication was withheld.
I'm guessing that the other party was at least equally to blame for the altercation and the felony was "set aside". While "No Contest" is essentially the same thing as pleading guilty, it's my understanding that there are some administrative differences from being convicted.

Just my non-lawyer take on the whole thing.

I'm sure if he had obtained his CCW under fraudulent circumstances, the judge wouldn't have dropped the charges on this latest incident!

Bear in mind... Florida is an exceedingly "gun friendly" State! I know those who live there appreciate it too!
 
#17 ·
49 an "old man " ?????????
 
#19 ·
I wish I was an old man...:yup:

To the OP...this drunk jumped out looking trouble and I guess he found it.:hand10:
 
#27 ·
Precisely the Reason I Carry
(But I don't try to "Police the Neighborhood" when I do)
Agreed.

I think the shooting was justified, but the shooter should've gotten a license plate number and called the police, instead of trying to play traffic cop himself.

The fact that he was trying to "police the neighborhood" is most likely the reason he got charged in the first place.
 
#22 ·
Hiker, I think you misread the article.

St. Petersburg Times Article: said:
Aguayo, 21, told investigators that Landes, (Aquayo's drunk friend who got shot) was the aggressor in the confrontation and that Podany (The victim/shooter) never hit back.

"You never saw (Mr. Podany) take a swing at him?" a sheriff's detective asked Aguayo.

"Never," Aguayo responded, adding, "Not one time. Not one single swing."
I added the Bold highlights to clarify which party was which.
 
#24 ·
The keyboard was "smokin" :rofl:
 
#26 ·
in regards to "adjudication", Florida has a process by which someone accused of certain felonies, can, with the court's approval, get a form of probation which if completed without further incident, results in a dismissal of the charge and a clean record. If not completed successfully, it acts as a guilty plea to the original charge and sentencing for the first charge is immediate.
 
#29 ·
Charges Dismissed
That sure sounds like the right call. Never should have gone to court in the first place, IMO, based on the circumstances.

Castle Law & Stand-Your-Ground state; minding his own business in a place he has every right to be; attacked by a much larger/stronger criminal; then the victim (attacked) stops the crime. Pretty basic, particularly given the criminal was drugged up, the driver knew of the attacker's feelings about how cool it would be to beat up on an "old" man, and the fact that they acted in concert to slam on the brakes then exit the car to take out the one who "dissed" them.

Good decision to call that criminal and to call the dead man what he was.

If he's got a license to carry the gun then … his right as an American is to carry that … gun. … He probably felt in fear for his life, man.
See? Even criminals understand right from wrong. They may be dumb, but they're not stupid. :yup:

"I said, 'Well, I'm sorry sir. We won't do it again. Forgive me,' " Aguayo told detectives.
NOW, he certainly "won't do that again." As for the dip driver, who can say? I'll just bet he's got the "bug" and would attack others in the future. Time will tell.
 
#34 ·
I'm no legal expert or anything of the sort, but I've read Florida Firearms, Law Use and Ownership by Jon Gutmacher. If you live in Florida, get the book.

Going by what the book says, an adjudication is the same as a conviction. Withholding adjudication would mean a final answer of guilty or not guilty has not been reached so you're basically placed on probation for three years. If after three years nothing has happened, then you may apply for the conceal permit and if approved you may carry.
 
#35 ·
Thanks cz75luver...

Like I said earlier, I can't imagine him obtaining a ccw under fraudulent pretense and not getting gigged for it after this incident.

So his past incidents never bothered me much. I figured he had been cleared or at least satisfied the state in regards to getting his ccw permit.

What I do find interesting is, if I remember what I read correctly in the article, it sounds like he went out on his bicycle with the intent of finding speeders in the neighborhood in order to chastise them.

Now that, at least to me... comes dangerously close to going out and looking for trouble!

What are your opinions on that perspective?
 
#37 ·
Well sure, one could say he went out to find trouble and he found it. But I think that is the wrong slant to put on it; I mean, is it asking too much to demand that people not speed through your neighborhood? And while it's true that the cops can handle that, we all know what speeders do -- slow down when there are cops around -- and speed right back up later. I think the guy did good.
 
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