Quote:And how does the man know how long she was gone for? For all he knew, she was in there for an hour.
That responsibility is on the person damaging the window.
You can't go around breaking windows on suspicions. It'd be no different than if Person A was defending himself from Person B when Person C attacked Person A because he didn't know Person B attacked him first. Person C is trying to do the right thing, but it doesn't matter what his intent was in that scenario just like it didn't matter what the Veterans intent was on this one.
Quote:You can't expect people to live their lives worrying about passing out at the wrong time, else no one would drive.
You missed my point. It wasn't specifically about risks of medical conditions and how they should affect your life. The woman could have been detained for a myriad of reasons. It is just not responsible to leave an animal or person in a hot car with the windows up for any reason. We're having this discussion fresh off of the conviction of a man who left his daughter in a car while he went inside to retrieve a cell phone charger. I'm guessing he would take my advice now on this one.
Quote:You missed my point. It wasn't specifically about risks of medical conditions and how they should affect your life. The woman could have been detained for a myriad of reasons. It is just not responsible to leave an animal or person in a hot car with the windows up for any reason. We're having this discussion fresh off of the conviction of a man who left his daughter in a car while he went inside to retrieve a cell phone charger. I'm guessing he would take my advice now on this one.
Maybe you explain how that's possible because I don't see any reason, given the known circumstances, how the dog's owner could have been arrested.
Georgia law for Animal Cruelty (O. C. G. A. 16-12-4) says that you must cause "unjustifiable pain and suffering". Not just pain but unjustifiable pain. You, as the hypothetical arresting person, must be able to articulate "unjustifiable", and I don't think you can do that if the dog was simply in there for 5 minutes. Remember, at that time span, it's no different than the dog just standing outside on a hot day.
As far as I'm concerned this was blown way out of proportion. Should the guy that broke the windows been arrested? No. Given a citation perhaps, but not an arrest. He accepted responsibility for his actions and was only doing what he thought was the right thing to do in the situation.
On the other side, any idiot that leaves an animal and/or human being in a hot car during this time of year should suffer some kind of punishment.
Quote:As far as I'm concerned this was blown way out of proportion. Should the guy that broke the windows been arrested? No. Given a citation perhaps, but not an arrest. He accepted responsibility for his actions and was only doing what he thought was the right thing to do in the situation.
I wish that were possible, but the DA has to designate Criminal Trespass as a citable offense for that to be legal. I don't know of any agencies that have done that. Criminal Trespass is in the 16-code section which they are almost exclusively not allowed to write tickets.
Quote:I wish that were possible, but the DA has to designate Criminal Trespass as a citable offense for that to be legal. I don't know of any agencies that have done that. Criminal Trespass is in the 16-code section which they are almost exclusively not allowed to write tickets.
However, should the man have been arrested for Criminal Trespass? Did his actions and intent fit the definition?
Quote:Maybe you explain how that's possible because I don't see any reason, given the known circumstances, how the dog's owner could have been arrested.
Georgia law for Animal Cruelty (O. C. G. A. 16-12-4) says that you must cause "unjustifiable pain and suffering". Not just pain but unjustifiable pain. You, as the hypothetical arresting person, must be able to articulate "unjustifiable", and I don't think you can do that if the dog was simply in there for 5 minutes. Remember, at that time span, it's no different than the dog just standing outside on a hot day.
I didn't make the argument that she should arrested at all. I'm guessing you inferred that by my mention of a different case. I did use the word conviction, and while not untrue, I should have just mentioned that his daughter is dead. I brought that case up only as an example that the "only a few minutes" thought can certainly lead to tragedy.
Quote:However, should the man have been arrested for Criminal Trespass? Did his actions and intent fit the definition?
Technically, yes.
He intended to damage the window without the consent of the owner. He violated the code section to the letter. While his intent was good, it was reckless nevertheless (in my opinion).
Quote:Technically, yes.
He intended to damage the window without the consent of the owner. He violated the code section to the letter. While his intent was good, it was reckless nevertheless (in my opinion).
While I don't doubt your knowledge regarding such things, in my mind what will end up happening is that the charges will either end up getting dropped or a plea deal to a lesser charge. At the very most this guy should have to pay for damages to the person for the broken window, and maybe a bit extra for the inconvenience of having to get the window repaired. I personally don't feel that this guy should have a criminal record for the rest of his life based on the situation.
Quote:While I don't doubt your knowledge regarding such things, in my mind what will end up happening is that the charges will either end up getting dropped or a plea deal to a lesser charge. At the very most this guy should have to pay for damages to the person for the broken window, and maybe a bit extra for the inconvenience of having to get the window repaired. I personally don't feel that this guy should have a criminal record for the rest of his life based on the situation.
I agree. They wont drop the hammer on him, and I don't think he's a criminal-type, either.
The issue I have is that this happens all the time. People want to be internet heroes. They record themselves doing this stuff all the time, and it will often turn out bad for them. Their intent is good, but they have to be sure before stepping up to the plate. If I were the victim, I'd want him arrested too.
Unless, of course, he immediately compensated me for the window. Otherwise, I'd have to spend time and money suing him. Now the victim only needs to wait for the judge's decision which will likely include compensation.
Criminal charges dropped against vet who saved dog
ATHENS, Ga. — Authorities
dropped charges against a veteran who broke a window to free a dog from a hot car, a prosecutor said Monday.
Michael Hammons, 46, who fought in Iraq during the first Iraq war, jumped into action May 9 when he saw a dog inside of a rapidly heating Mustang at a Athens-area shopping center. He broke the window of the car with a piece of his wife's wheelchair to free the dog.
http://www.wusa9.com/story/news/nation/2.../27546059/
Ever seen the results of dog versus car interior during a fatal overheating event?
The guy did less damage to the car than the dog would have.
Quote:Criminal charges dropped against vet who saved dog
ATHENS, Ga. — Authorities dropped charges against a veteran who broke a window to free a dog from a hot car, a prosecutor said Monday.
Michael Hammons, 46, who fought in Iraq during the first Iraq war, jumped into action May 9 when he saw a dog inside of a rapidly heating Mustang at a Athens-area shopping center. He broke the window of the car with a piece of his wife's wheelchair to free the dog.
http://www.wusa9.com/story/news/nation/2.../27546059/
In a related story, the man's wife suffered heat stroke as she was unable to navigate her broken wheelchair to shade while her husband rescued the dog.
Quote:Never let your guard down. Cats are the devil.
Cats are the devil. My wife's cat always walks all over my car right after I wash it.