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· Slightly Opinionated
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234 Posts
when the guy turned the aisle I slammed him into the aisle...
:eek:

I really really hope you didn't mean you literally slammed him against an aisle for following you. That's called battery and is illegal in all 50 states. In most states it goes to a felony level if you are armed. There is nothing wrong with following someone and to "slam them into the aisle" can and should send a person to jail.
 

· Slightly Opinionated
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234 Posts
Even if stalking is illegal (and store security following someone is NOT stalking) getting physical with someone when they have not presented any danger to you is not legal in any state I am aware of.

Just given the facts posted above, in this state that would have been battery. IC 35-42-2 "A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a class B misdemeanor." with various subsections defining how it can go higher.
 

· Slightly Opinionated
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234 Posts
@Sarabian: See emphasis. Hope that answers your question.
Actually, the cart is an extension of you in this case since it is in your direct control and if (emphasis on the "if" and in no way saying you did) it is proven that you did this on purpose (not easy to prove) battery still holds.
 

· Slightly Opinionated
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234 Posts
W. Va. Code § 61-2-9a. Stalking; harassment; penalties; definitions. (2008)
(a) Any person who repeatedly follows another knowing or having reason to know that the conduct causes the person followed to reasonably fear for his or her safety or suffer significant emotional distress, is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than one thousand dollars, or both.[/FONT]
http://www.ncvc.org/src/main.aspx?dbID=DB_WestVirginia454

In West Virginia, following someone ISN'T always legal and there CAN be something wrong with it.
Now you have to prove that this was not only stalking (you have to demonstrate how this made you fear for your safety or suffer some sort of emotional distress AND that this person was actually following you and not just shopping in the same areas), but that you were justified in taking aggressive physical action against that person. Having someone simply follow you is not grounds to get physical. Still battery so far (clarifications in other responses notwithstanding).

Edit: Forgot about the word "repeatedly" in the quoted law. Can you demonstrate repeat occurrences?

This is getting fun :)
 

· Slightly Opinionated
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234 Posts
I was having fun with this, but upon listening to the sarcasm drip and having myself being painted the fool I'll just leave you alone. Nice moderation.
 

· Slightly Opinionated
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234 Posts
Me? I personally would have turned with the cart between us and asked him why he was following me without making physical contact and would have done it with distance to keep him back. From what you typed it wouldn't have been hard to wait until you were in a main aisle, or even near the employee area in electronics to confront him peaceably and with some distance. My gun side would have been away from him in the event it was needed.

My only point was in how you originally stated it you made it sound like you shoved him against a shelf and demanded to know why he was following you. I was simply cautioning people against making physical contact. Take it however you like, but based on what you said you committed battery, even if it can't be proven in court. You said you intentionally blocked him in with the cart and made physical contact while doing it. B misdemeanor here. If he had so much as a red mark from a shelf or hook, that would have satisfied injury in this state and you could have been jailed on an A misdemeanor. Want me to cite case law? Not gonna happen. If I was called to a Wal*Mart and this story was shown to me on the security cameras and I saw a mark, I would have made the arrest. Have fun with the defense.

Any other LEOs want to give a viewpoint from their jurisdiction? I'd be interested to hear.
 

· Slightly Opinionated
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234 Posts
I'm still waiting for a single LEO to say I'm in error. Just one. I'll hold comments until that happens.
 

· Slightly Opinionated
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234 Posts
No I didn't.

red*
 

· Slightly Opinionated
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234 Posts
:D At least we can still have some fun.
 

· Slightly Opinionated
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234 Posts
BTW, what is the statute of limitations on this?

I can get you the info on the Walmart in question, and the date and time it happened (in 2004), and maybe you can arrange for me to be arrested (good luck with that) and we'll see what happens in court.
What say you?
Do me a favor and stop intimating that I am trying to get you arrested, ok? I'm not and never said I was. You invented that so knock it off, ok? You got called out and don't like it so now you're turning things to make it look like I'm being a fool. Show me where I said I wanted to have you arrested and I'll apologize.

Can't? Didn't think so.
 

· Slightly Opinionated
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234 Posts
I studied a little bit of legal and law in high school few years back but at that point there is np issue with slamming someone to a shelf or the ground all you have to say is that they never identified themselves and they were following you for an unknown reason and u feared for your life. I can honestly say if someone followed me like that it would bot turn into a slam it would be a string right hook or uppercut. Lol
Hope you never need to take that to court. Good luck if you do.
 

· Slightly Opinionated
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234 Posts
If I was to do that and go to court, it would be asked why I had the action I had and all id have to say is I was being followed and felt like my life could have been in harm I took action to stop that before it happened. I suppose tlyou could turn and ask why your being followed but lets face it most people don't follow you by coincidence
I would wish you luck in court. You would need it.
 

· Slightly Opinionated
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Maybe where you are but not where I am. Honestly its ridiculous here, its almost a act first then ask deal and as long as it doesn't result in death normally its over quickly. Plus the fact that a similar situation did happen and store security was hit for following someone around and the customer even said can I help you, you've been following me for 10 minutes. Security guy walked away and CANE BACK the customer said warned you once and dropped him with a quick left hook.
Where are you?
 
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