Ex Sheriff's deputy Charged W/ Felony Menacing

This is a discussion on Ex Sheriff's deputy Charged W/ Felony Menacing within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Ok I read this in the Colorado Springs Gazette the Point I'm trying to make is how little it took for him to be charged. ...

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Thread: Ex Sheriff's deputy Charged W/ Felony Menacing

  1. #1
    Ex Member Array Treo's Avatar
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    Ex Sheriff's deputy Charged W/ Felony Menacing

    Ok I read this in the Colorado Springs Gazette the Point I'm trying to make is how little it took for him to be charged.

    Basics Ex El Paso County Sheriff's Deputy working as a private investigator gets into an argument W/ a client according to the Paper "He placed his hand on his right hip indicating that there was a gun there." When the police arrived, the suspects coat flopped open the cop saw the gun and arrested him. Now I'm sure the paper didn't get all the details. But it sure didn't seem to take a whole hell of a lot to get this guy 3 years in prison & his RKBA as well as his livelihood taken away. Some thing to think about next time some one <upsets you> while you're carrying.


    The link is probably dead so here's the story as printed in the Gazzette

    August 4, 2008 - 11:53PM

    A former El Paso County sheriff's deputy appeared in court last week on a felony charge alleging he threatened someone with a gun.

    Shawn Moncalieri, 33, was fired from the Sheriff's Office last year after two internal affairs investigations in seven months: one related to a questionable officer-involved shooting and the other involving possible wrongful arrests.

    Colorado Springs police officers allege Moncalieri flashed his .40-caliber Glock (please note said Glock never came out of the holstrer) at business owner Larry Salas in April. Moncalieri faces a felony menacing charge, which carries a maximum three-year prison sentence.

    Moncalieri, who works as a private investigator, went to Salas' Prince of Battle silk-screening business at 513 W. Colorado Ave. with disgruntled customer Ricardo Wong, according to an arrest affidavit. Wong and Salas exchanged words after Wong was ordered to leave the store. Salas called police when Moncalieri "placed his right hand on his right hip, indicating the presence of a firearm under his coat," the affidavit states. When a police sergeant arrived, he saw "suspect flop the right side of his coat backward to reveal a handgun in a holster." The sergeant took the loaded gun as evidence. Moncalieri told officers Salas threatened him with a knife.

    Moncalieri declined comment Monday.

    A 4th Judicial District Court judge ruled this year that the El Paso County Sheriff's Office had to hand over the two internal affairs investigations on Moncalieri to The Gazette. A Gazette reporter asked in February and March 2007 to review the files, but was refused. El Paso County Sheriff's officials have appealed the judge's ruling, saying internal affairs reports are not subject to disclosure as criminal justice records.

    One report deals with an incident in which Moncalieri shot at a fleeing burglary suspect who allegedly tried to run him over. The 4th Judicial District Attorney's Office, which investigated the August 2006 incident, determined the shooting was questionable, although not criminal.

    The second incident involves a possible wrongful arrest involving two Fountain men that resulted in the county secretly paying each $20,000. The Colorado Court of Appeals has not ruled on the sheriff's appeal.

    Moncalieri is scheduled to stand trial on the menacing charge Oct. 27. He has pleaded not guilty and remains free on bond.

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  3. #2
    Member Array Alf87's Avatar
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    The Menacing law for Colorado is below. Basically as it was explained to me here where I work, El Paso County Sheriff's Office, if a person feels threatened by any means from another, the offender can be charged with Menacing. This is a law that my CCW instructor, an EPSO Deputy, pounded into our heads because he said it could be easy for a CCW holder to get charged with this law if someone felt threatened by us due to seeing our weapon.

    Menacing (18-3-206)
    1.A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
    (a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
    (b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

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    Distinguished Member Array razor02097's Avatar
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    He got a felony menacing charge for brandishing a holstered firearm?

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    VIP Member Array 9MMare's Avatar
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    He still has to be convicted.

    I have to say that tho, by the current story, it sounds like he was trying to intimidate. They were asked to leave.
    Fortune favors the bold.

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    Member Array torgo1968's Avatar
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    Quote Originally Posted by 9MMare View Post
    He still has to be convicted.

    I have to say that tho, by the current story, it sounds like he was trying to intimidate. They were asked to leave.
    Yep, I agree. We carry to defend ourselves and loved ones from death or serious bodily harm, not to intimidate people. When we are carrying them, our firearms should not see the light of day unless they need to be fired, nor should they be referred to to make a point.

    I'm willing to listen to anyone who thinks that the punishment is too harsh, but from the information presented, the charge itself is necessary and deserved in this case.

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    This 'ex' deputy already lost his original job because of faulty judgement and questionable tactics...what goes around, comes around.
    Maybe it's his turn for delayed justice...there's got to be more to the story.
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    Member Array mitocondriac's Avatar
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    Sounds like intimidation to me, even if he was threatened with a knife in this mans place of business after he was asked to leave. He makes the rest of us look like amateurs and hula-gins i hope he gets what he is deserved.

    Its to defend myself in a situation i didnt put myself in not to finish a fight i started.

    Defense Offense there is a difference.

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    Quote Originally Posted by retsupt99 View Post
    This 'ex' deputy already lost his original job because of faulty judgement and questionable tactics...what goes around, comes around.
    Maybe it's his turn for delayed justice...there's got to be more to the story.
    I agree... Sounds like he was trying to intimidate someone... I'm sure his attitude improved after being fired...
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    Member Array Alf87's Avatar
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    Trust me, there is more to the story, it just cant be released.

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    Ex Member Array Treo's Avatar
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    Originally posted by Razor 02097 He got a felony menacing charge for brandishing a holstered firearm?
    He used the gun to threaten somebody

    BTW the business mentioned is also a knife shop

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    Member Array mitocondriac's Avatar
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    Quote Originally Posted by Alf87 View Post
    Trust me, there is more to the story, it just cant be released.
    I dont care what is not mentioned he showed his gun in someone elses place of business. there is no excuse for this. Now maybe if it was his place of business then i might see the argument.

    If you feel threatened after taking yourself into someones business leave when they tell you to leave.

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    Member Array Alf87's Avatar
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    When I said there is more to the story, it wasnt meant to say it was ok to brandish a gun on a civilian. The statement is only made to those who are speculating that yes there is more to the story. I'm glad he was fired and was charged. Enough said.

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    Ex Member Array Treo's Avatar
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    Originally posted by Alf87 When I said there is more to the story, it wasnt meant to say it was ok to brandish a gun on a civilian. The statement is only made to those who are speculating that yes there is more to the story. I'm glad he was fired and was charged. Enough said.
    It's kind of a given isn't it?

    My point in posting this is that all it took was a momentary lapse of judgement to cost this guy his RKBA and freedom

    I see people here asking (in essence) "Can I show my gun to back some one down?" here and thought this story was germane

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    Quote Originally Posted by Treo View Post
    It's kind of a given isn't it?

    My point in posting this is that all it took was a momentary lapse of judgement to cost this guy his RKBA and freedom

    I see people here asking (in essence) "Can I show my gun to back some one down?" here and thought this story was germane
    Looking at the guys track record, I'd say it was more than a momentary lapse of judgment. He sounds more like a time bomb waiting to go off.
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    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by razor02097 View Post
    He got a felony menacing charge for brandishing a holstered firearm?
    No. There is no mention of "brandish" in the Colorado Revised Statutes. He was charged per the last line in post #2 above by Alf87.

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