Quote:
Originally Posted by Kevin
The defendant is disputing the existance of the rifle because the presence thereof goes to the heart of the case -- if the plaintiffs felt free to leave the scene, their rights and liberties were never effected, end of case. That's going to be a question for the jury, hence the trial.
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Have you checked for the current docs on PACER? Because it appears the Times story uses very old information - currently, there is no argument between the parties that the defendant carried and brandished a handgun at the scene, but instead as to whether the use of the handgun constitutes assault and/or an imprisoning gesture.