poptart wrote:Did Terry actually say
assault charges against Cheney...?
What an incredible dumbass.
Uhhh, next time you might want to let the lawyers discuss this.
I don't practice in Texas, so I'm not familiar with their laws (Lawman does practice there, but unfortunately, he's MIA). Where I do practice, in New York, if Cheney's conduct were found to be reckless, Cheney would be guilty of Assault in the Second Degree, a Class D Felony.
A person is guilty of assault in the second degree when:
. . .
4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; . . .
I don't think there's any question that Whittington's heart attack meets the threshold condition for "serious physical injury" (although, of course, the prosecution would need medical testimony to prove causation), and while Cheney's bird gun might not be a "deadly weapon," it most certainly would qualify as a "dangerous instrument," given that there is caselaw holding that a kitchen knife qualifies as a "dangerous instrument."
Assuming the prosecutor properly dotted his i's and crossed his t's, the only remaining question would be whether Cheney's conduct was reckless, or merely negligent.