Originally Posted by Philthys Lawyer

Dear Mr. MRC:

Please let this post serve as confirmation that you, as an alleged member of the Bayonne Police Department, (albeit your "secondary" job), are in dire need of a refresher with regard to the New Jersey Criminal Code, informally referred to as Title 2C of the Code.

You alleged in a prior post under a different thread that you would arrest (under your alleged 24 hour statewide police powers) Philthy for your belief that he violated NJSA 2C:12-3. The aforementioned statute is entitled "Terroristic Threats" and states as follows:

"a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred."

Where did Philthy commit any of the above? Nowhere in any of his posts did he threaten to:
i. cause evacuation of a building etc.
ii. cause a serious public inconvenience
iii. or commit an act in reckless disregard of the risk of causing such a terror or inconvenience.

I respectfully suggest that not only has he not committed such an act but certainly, assuming arguendo that he did, it was not during a period of govt'al emergency. Therefore, if you could properly fill out a "green sheet", I suggest that you don't charge my boy under subsection A of the statute. I will have that matter summarily dismissed at a probable cause hearing. You do understand the concept of probable cause, don't you?

"b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out."

No where in any of Philthy's public or private posts did he threaten to kill you nor did he make any statement that would reasonably cause "imminent fear of death ...." . Philthy's worst statement is as follows: "Do yourself a favor and bring your gun - you call me those names on Friday to my face and I'm laying your a$$ out! Count on IT!" I challenge you to find the immediacy of threat of death in the foregoing statement. At worst, it is a conditional statement - if you (MRC) does X, I (Philthy) will do Y. Where, I ask you, is the immediacy in that statement? It's conditional, you must act first.

You, as an alleged officer of the law, should know that you have to be very careful when out in the public eye. Further, when you are acting in your civilian capacity, you should be doubly certain that you do not overstep your bounds by, for example, threatening a private citizen with arrest for what you (wrongly) perceive to be a violation of Title 2C. Can you say "Abuse of Process"? Also, I would suggest that you speak to your Union Delegate and/or Union Counsel as I think you do not have the protection of the Union and/or your shield if you, off duty, attempt to flex a little muscle from behind your tin (or your keyboard) all in the name of "public safety".

I should advise you that Philthy did forward me a couple of posts and PMs exchanged by and between the two of you. He told you he would like to come to the shop and talk to you about your misconceptions regarding his tuner. No where in that public statment did he threaten you but, apparantly you took it as such when you authored a PM wherein you wrote: "Anyone who comes to my place of business with ill intentions and want to cause me harm, will leave with a bullet in their a$$..Simple really.. No threat, simply a warning..Obviously does not apply if you were in deed not threatening me. " As you have already misinterpreted Philthy's desire to come to the shop and speak to you therefore, must he assume that if he walks through your shop doors you will put a "bullet in their (Philthy and Don's a$$(es)."? I am so comforted by the fact that the City of Bayonne saw it fit to utilize city, county and state tax dollars to train you, arm you, pay you all so you can abuse your position and utilize your weapons and training to harm the people you are empowered to protect all because you misconstrued their actions. Look before you leap. A bullet expelled from the front of a weapon is tough to take back - you might not like the outcome.

Needless to say, I shall put you on warning of the following:

A. My intention to advise the Bayonne Police Department, Department of Internal Affairs of your wrongful and malicious activity all under the guise of "just doing your job". Additionally, you have made several posts about "kills" on the road (your Honda F&F story). I think your superiors would love to know that you freely admit to racing on the public roads (i.e the NJ GSP) on a public forum. Not too smart. Never let your personal problems flow over into your professional life and vice versa - just a little life lesson I think you need.

B. I intend to either be at the track on Friday or near by. I trust that you will behave accordingly and, for your personal knowledge, I have already put track personnel on notice of your threats to Philthy and your intention to utilize firearms to protect yourself. I trust that they will search your car accordingly. Any other altercations by and between you and Philthy will be resolved by me, either in person or telephonically. Suggestion - leave your irons at home, Cowboy.

Any problems, PM me and leave me your contact information. I would love to speak to you about any and all of the above. Better yet, I suggest that you (and Philthy) stop talking smack and take it to the track. That way, you won't make any further stupid comments that might end up getting you a psych evaluation, a temporary desk job and/or a temporary or permanent vacation (with or without pay).

Guide your actions accordingly.

Originally Posted by Sharif@Forged

LOL...
In before the thread deletion.

You guys better still race.....

Originally Posted by Kenk2

LMAO @ Philthys Attorney

Originally Posted by Philthys Lawyer

Dear Mr. MRC:

Please let this post serve as confirmation that you, as an alleged member of the Bayonne Police Department, (albeit your "secondary" job), are in dire need of a refresher with regard to the New Jersey Criminal Code, informally referred to as Title 2C of the Code.

You alleged in a prior post under a different thread that you would arrest (under your alleged 24 hour statewide police powers) Philthy for your belief that he violated NJSA 2C:12-3. The aforementioned statute is entitled "Terroristic Threats" and states as follows:

"a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred."

Where did Philthy commit any of the above? Nowhere in any of his posts did he threaten to:
i. cause evacuation of a building etc.
ii. cause a serious public inconvenience
iii. or commit an act in reckless disregard of the risk of causing such a terror or inconvenience.

I respectfully suggest that not only has he not committed such an act but certainly, assuming arguendo that he did, it was not during a period of govt'al emergency. Therefore, if you could properly fill out a "green sheet", I suggest that you don't charge my boy under subsection A of the statute. I will have that matter summarily dismissed at a probable cause hearing. You do understand the concept of probable cause, don't you?

"b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out."

No where in any of Philthy's public or private posts did he threaten to kill you nor did he make any statement that would reasonably cause "imminent fear of death ...." . Philthy's worst statement is as follows: "Do yourself a favor and bring your gun - you call me those names on Friday to my face and I'm laying your a$$ out! Count on IT!" I challenge you to find the immediacy of threat of death in the foregoing statement. At worst, it is a conditional statement - if you (MRC) does X, I (Philthy) will do Y. Where, I ask you, is the immediacy in that statement? It's conditional, you must act first.

You, as an alleged officer of the law, should know that you have to be very careful when out in the public eye. Further, when you are acting in your civilian capacity, you should be doubly certain that you do not overstep your bounds by, for example, threatening a private citizen with arrest for what you (wrongly) perceive to be a violation of Title 2C. Can you say "Abuse of Process"? Also, I would suggest that you speak to your Union Delegate and/or Union Counsel as I think you do not have the protection of the Union and/or your shield if you, off duty, attempt to flex a little muscle from behind your tin (or your keyboard) all in the name of "public safety".

I should advise you that Philthy did forward me a couple of posts and PMs exchanged by and between the two of you. He told you he would like to come to the shop and talk to you about your misconceptions regarding his tuner. No where in that public statment did he threaten you but, apparantly you took it as such when you authored a PM wherein you wrote: "Anyone who comes to my place of business with ill intentions and want to cause me harm, will leave with a bullet in their a$$..Simple really.. No threat, simply a warning..Obviously does not apply if you were in deed not threatening me. " As you have already misinterpreted Philthy's desire to come to the shop and speak to you therefore, must he assume that if he walks through your shop doors you will put a "bullet in their (Philthy and Don's a$$(es)."? I am so comforted by the fact that the City of Bayonne saw it fit to utilize city, county and state tax dollars to train you, arm you, pay you all so you can abuse your position and utilize your weapons and training to harm the people you are empowered to protect all because you misconstrued their actions. Look before you leap. A bullet expelled from the front of a weapon is tough to take back - you might not like the outcome.

Needless to say, I shall put you on warning of the following:

A. My intention to advise the Bayonne Police Department, Department of Internal Affairs of your wrongful and malicious activity all under the guise of "just doing your job". Additionally, you have made several posts about "kills" on the road (your Honda F&F story). I think your superiors would love to know that you freely admit to racing on the public roads (i.e the NJ GSP) on a public forum. Not too smart. Never let your personal problems flow over into your professional life and vice versa - just a little life lesson I think you need.

B. I intend to either be at the track on Friday or near by. I trust that you will behave accordingly and, for your personal knowledge, I have already put track personnel on notice of your threats to Philthy and your intention to utilize firearms to protect yourself. I trust that they will search your car accordingly. Any other altercations by and between you and Philthy will be resolved by me, either in person or telephonically. Suggestion - leave your irons at home, Cowboy.

Any problems, PM me and leave me your contact information. I would love to speak to you about any and all of the above. Better yet, I suggest that you (and Philthy) stop talking smack and take it to the track. That way, you won't make any further stupid comments that might end up getting you a psych evaluation, a temporary desk job and/or a temporary or permanent vacation (with or without pay).

Guide your actions accordingly.

Originally Posted by Philthys Lawyer

Dear Mr. MRC:

Please let this post serve as confirmation that you, as an alleged member of the Bayonne Police Department, (albeit your "secondary" job), are in dire need of a refresher with regard to the New Jersey Criminal Code, informally referred to as Title 2C of the Code.

You alleged in a prior post under a different thread that you would arrest (under your alleged 24 hour statewide police powers) Philthy for your belief that he violated NJSA 2C:12-3. The aforementioned statute is entitled "Terroristic Threats" and states as follows:

"a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred."

Where did Philthy commit any of the above? Nowhere in any of his posts did he threaten to:
i. cause evacuation of a building etc.
ii. cause a serious public inconvenience
iii. or commit an act in reckless disregard of the risk of causing such a terror or inconvenience.

I respectfully suggest that not only has he not committed such an act but certainly, assuming arguendo that he did, it was not during a period of govt'al emergency. Therefore, if you could properly fill out a "green sheet", I suggest that you don't charge my boy under subsection A of the statute. I will have that matter summarily dismissed at a probable cause hearing. You do understand the concept of probable cause, don't you?

"b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out."

No where in any of Philthy's public or private posts did he threaten to kill you nor did he make any statement that would reasonably cause "imminent fear of death ...." . Philthy's worst statement is as follows: "Do yourself a favor and bring your gun - you call me those names on Friday to my face and I'm laying your a$$ out! Count on IT!" I challenge you to find the immediacy of threat of death in the foregoing statement. At worst, it is a conditional statement - if you (MRC) does X, I (Philthy) will do Y. Where, I ask you, is the immediacy in that statement? It's conditional, you must act first.

You, as an alleged officer of the law, should know that you have to be very careful when out in the public eye. Further, when you are acting in your civilian capacity, you should be doubly certain that you do not overstep your bounds by, for example, threatening a private citizen with arrest for what you (wrongly) perceive to be a violation of Title 2C. Can you say "Abuse of Process"? Also, I would suggest that you speak to your Union Delegate and/or Union Counsel as I think you do not have the protection of the Union and/or your shield if you, off duty, attempt to flex a little muscle from behind your tin (or your keyboard) all in the name of "public safety".

I should advise you that Philthy did forward me a couple of posts and PMs exchanged by and between the two of you. He told you he would like to come to the shop and talk to you about your misconceptions regarding his tuner. No where in that public statment did he threaten you but, apparantly you took it as such when you authored a PM wherein you wrote: "Anyone who comes to my place of business with ill intentions and want to cause me harm, will leave with a bullet in their a$$..Simple really.. No threat, simply a warning..Obviously does not apply if you were in deed not threatening me. " As you have already misinterpreted Philthy's desire to come to the shop and speak to you therefore, must he assume that if he walks through your shop doors you will put a "bullet in their (Philthy and Don's a$$(es)."? I am so comforted by the fact that the City of Bayonne saw it fit to utilize city, county and state tax dollars to train you, arm you, pay you all so you can abuse your position and utilize your weapons and training to harm the people you are empowered to protect all because you misconstrued their actions. Look before you leap. A bullet expelled from the front of a weapon is tough to take back - you might not like the outcome.

Needless to say, I shall put you on warning of the following:

A. My intention to advise the Bayonne Police Department, Department of Internal Affairs of your wrongful and malicious activity all under the guise of "just doing your job". Additionally, you have made several posts about "kills" on the road (your Honda F&F story). I think your superiors would love to know that you freely admit to racing on the public roads (i.e the NJ GSP) on a public forum. Not too smart. Never let your personal problems flow over into your professional life and vice versa - just a little life lesson I think you need.

B. I intend to either be at the track on Friday or near by. I trust that you will behave accordingly and, for your personal knowledge, I have already put track personnel on notice of your threats to Philthy and your intention to utilize firearms to protect yourself. I trust that they will search your car accordingly. Any other altercations by and between you and Philthy will be resolved by me, either in person or telephonically. Suggestion - leave your irons at home, Cowboy.

Any problems, PM me and leave me your contact information. I would love to speak to you about any and all of the above. Better yet, I suggest that you (and Philthy) stop talking smack and take it to the track. That way, you won't make any further stupid comments that might end up getting you a psych evaluation, a temporary desk job and/or a temporary or permanent vacation (with or without pay).

Guide your actions accordingly.