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State police decline to charge couple who brandished gun at protesters in Kinderhook

Aug 02, 2020 6:33 am
Nora Mishanec reports for Columbia-Greene Media that state police said July 29 that the couple who brandished a gun at protesters in Kinderhook on July 11 did not threaten anyone. The state police said the couple on Rothermel Lane would not be charged with second-degree menacing, which is intentionally placing or attempting to place another person in reasonable fear of physical injury or death by displaying a deadly weapon. Brandon Nelmes, an organizer of the Black Lives Matter march said he wanted charges filed. “They pulled a gun on a bunch of teenagers and it is not fair," Nelmes said. Greg Lubow, a former Greene County public defender, explained the legal concept of menacing. “The classic example is someone pulling back their shirt to show a gun in their waistband,” Lubow said. “Is that menacing? Probably not. There has to be reasonable fear of physical injury. If someone takes a gun out and points it, that could create reasonable fear.” Hudson Mayor Kamal Johnson witnessed the incident. “The husband yelled for his wife to get his gun and she came out waving the gun at the crowd,” he said. A.J. Hicks, public information officer for state Police Troop K, said the investigation is still open, and that anyone with information should contact them. Read more about this story at HudsonValley360.com.
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