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Cro-Mags' Harley Flanagan Arrested For Stabbing Mike Couls

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  • #31
    Originally posted by sukebanboy View Post
    It will be interesting to see how this one pans out as it appears (from the evidence so far) that it s a pretty open-and-shut-case....

    The addition of the "three strikes rule" (that never crossed my mind to be honest) means there is a lot more at stake....

    Wonder why they didnt go the "temporary insanity" route.....
    Given the account of what allegedly transpired here, it certainly seems that Flanagan "knew" what he was doing and wasn't acting in the "heat of passion." "Heat of passion" would be something like your daughter comes home and tells you the neighbor raped her and you just loose it right then and there and kill him. This would be the kind of mitigating circumstance that could possibly reduce a first degree murder charge to manslaughter. In essence, you'd have to prove that there wasn't a "cooling off" period.

    Here are the New York state penal codes applicable to assault,
    http://ypdcrime.com/penal.law/article120.htm#p120.00

    Like almost everything in the law, the person's "intent" will be the deciding factor in what they'll eventually be charged with. The DA will need to review the evidence and have to decide whether it's strong enough to warrant a trial. Again, give the foregoing accounts as to what had allegedly transpired, it would seem that Flanagan "knew" what he was doing and had the "intent" to cause harm to another. Now as both of the victims were said to be unarmed, Flanagan certainly can't claim self-defense, unless of course he can prove that he was first physically assaulted. Also, given the rather draconian weapon laws of New York, he wouldn't be able to carry a "hunting knife" legally, so that's another charge right there.

    So it sounds like they'll be able to charge with a weapons violation and some kind of assault. Now the weapons possession charge will compound the assault charge. Plus, if he has any other serious prior convictions, then he'll be in even deeper shit, as they'll be able to show a history of violent/criminal behavior. This the judge can use as a sentencing guideline, assuming he's tried and convicted, meaning he could very well throw the book at him and give him the maximum number of years if he's tried and convicted.

    Honestly though, it sounds like this guy just threw about ten years of his life away, at the very least.

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    • #32
      I'm definitely not a big fan of Harley's, but whether or not he showed up looking to cause trouble....it's admitted that he was invited into the dressing room and then grabbed to be searched for weapons. If I were in Harley's shoes, I may have responded the same way.

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      • #33
        And he could of just left the dressing room too without stabbing anyone.

        Since it doesn't sound like anyone else in the dressing had a weapon and was threatening him with it, it's going to be pretty hard to try and convince a jury he had no other option but to stab and bite two people.

        Of course carry a concealed weapon is probably a felony in NY in and of itself.

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        • #34
          Originally posted by Robert W View Post
          Of course carry a concealed weapon is probably a felony in NY in and of itself.
          I'm pretty sure if you don't have a permit (and let's face it, he probably didn't) it's a felony unless you're in your home or place of business. He was not in his home or his place of business.
          Rock! Shock! Pop!

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          • #35
            Originally posted by Ian Jane View Post
            I'm pretty sure if you don't have a permit (and let's face it, he probably didn't) it's a felony unless you're in your home or place of business. He was not in his home or his place of business.
            Also, unlike firearms, there are no legal provisions for the carrying of knives. In my state for example, I can carry a concealed .44 mag, but it's illegal for me, at the same time, to carry a folding knife in excess of 2.5". Can someone explain that to me?

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            • #36
              Originally posted by Robert W View Post
              And he could of just left the dressing room too without stabbing anyone.

              Since it doesn't sound like anyone else in the dressing had a weapon and was threatening him with it, it's going to be pretty hard to try and convince a jury he had no other option but to stab and bite two people.
              If you're in a room with people that you've been feuding with for years, and they shut the door behind you and grab you attempting to subdue you, you're going to stand there and say "Hey, now, guys, let's talk"? Harley's a hot head. If it went down like he said, Jon Joseph certainly didn't have any right to attempt to detain Harley to "search him for weapons". Forcible confinement is also a criminal charge. Not saying Harley is in the right at all, especially without knowing for sure what happened, but details of his account that seemed far-fetched are being confirmed by Jon's interview.

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              • #37
                And the DA is going to be asking what was he doing in a room with people he was feuding with if not to start trouble.

                Again, I'm just going on what has been posted in this thread, but it sounds like Flanagan went looking for trouble and found it.

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                • #38
                  ..even if he DIDNT go looking for trouble...he was certainly in the right place to find it!!...and his reaction to whatever happened is certainly in the extreme....

                  ...but looks like until he has his day in court,we wont know for sure...and even after THAT it may stil be fuzzy...

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                  • #39
                    You don't show up somewhere with a concealed weapon if you're going there with the best of intentions.
                    Rock! Shock! Pop!

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                    • #40
                      Originally posted by Ian Jane View Post
                      You don't show up somewhere with a concealed weapon if you're going there with the best of intentions.
                      Exactly. And that's just what the DA is going to be hammering home into the jury's heads if this case does end up going to trial.

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                      • #41
                        Harley Flanagan lived in Denmark when he was a kid. Here's a pic of him from a Brats gig in 1978. It's Hank Shermann on stage (later of Mercyful Fate).

                        Jack J
                        Senior Member
                        Last edited by Jack J; 07-17-2012, 02:15 PM.
                        2019: The only blog to survive the nuclear holocaust

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                        • #42
                          That's kind of awesome.
                          Rock! Shock! Pop!

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                          • #43
                            Amazing photo!

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                            • #44
                              and how.

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                              • #45
                                That is indeed an awesome picture. I always loved that Hank had a guitar strap with his name on it.
                                I don't go to church. Kneeling bags my nylons.

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