Archive for Monday, April 23, 2012

Man threatened with a chainsaw during argument

April 23, 2012, 10:03 a.m. Updated April 23, 2012, 4:48 p.m.

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A 30-year-old Lawrence man was arrested Sunday accused of threatening another man with a chain saw during an argument.

Sgt. Trent McKinley, a Lawrence police spokesman, said the disturbance occurred around 2 a.m. Sunday at an apartment in the 1300 block of Michigan Way, but police were not notified until about 12 hours later.

McKinley said witnesses allege the suspect, Ryan Shelby Harjo, was angry that the victim would not immediately leave the apartment so the suspect used a chain saw to scare the man. He did eventually leave the apartment. After officers conducted interviews later Sunday, they arrested Harjo on an aggravated assault charge, and Douglas County prosecutors filed a formal aggravated assault charge against him Monday afternoon.

Prosecutors said he had no past criminal history, and Harjo said he was the sole provider for his wife. Pro-tem Judge James George agreed to set his bond at $1,000 cash or surety. He’s due in court again 2 p.m. Wednesday.

Comments

DillonBarnes 3 years, 3 months ago

I guess asking nicely just wasn't cutting it.

LogicMan 3 years, 3 months ago

Was the "victim" a resident of the apartment? If yes, then obviously using a chainsaw is a bad idea. But if not a legal resident (and the "suspect" is), and he (the "victim") refused to leave, then it seems that the home is your castle / stand your ground laws may apply. Calling the cops would have been the more civil approach, but we weren't there.

ksjayhawk74 3 years, 3 months ago

The victim obviously was not a threat to anyone there. You can't shoot someone just because they don't want to leave your home... That would be Murder..

Here is the Kansas version of the "Stand Your Ground" law. It doesn't included letting you attack someone with a chainsaw if you're bothered by them...

"KSA 21-5230: A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person’s ground and use any force which such person would be justified in using under article 32 of chapter 21. (see next statute)

KSA 21-3211: Use of force in defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such force is necessary to defend such person or a third person against such other’s imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person."

thefisherman 3 years, 3 months ago

That complex is terrible. In the last several months there have been 2 incidents with guns and now with a chainsaw. I'd say the owners need to re-evaluate their leasing strategy.

LadyJ 3 years, 3 months ago

Mine is battery operated. Is it still a weapon if it is out of gas or not plugged in?

verity 3 years, 3 months ago

If the suspect was a resident of the apartment and the victim a visitor who refused to leave, wouldn't the resident have a right to defend himself? Or must one defend themselves with an officially recognized weapon? Should we be running a background check on chainsaw buyers?

So many questions, so few answers.

ksjayhawk74 3 years, 3 months ago

You can only defend yourself if you are actually being threatened. You can't attack someone because they are just bothering you and won't leave...

KSA 21-5230: A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person’s ground and use any force which such person would be justified in using under article 32 of chapter 21. (see next statute)

KSA 21-3211: Use of force in defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such force is necessary to defend such person or a third person against such other’s imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.

Read more here: http://www.kansas.com/2012/03/31/2278573/reasonableness-the-key-to-kansas.html#storylink=cpy

verity 3 years, 3 months ago

So, if the ex-boyfriend who is stalking me won't leave, I can't take him out?

No reason for asking.

ksjayhawk74 3 years, 3 months ago

If anyone is in your home and won't leave, you can call the Police and they will take care of it.

BiPolarWookie_w_PhD 3 years, 3 months ago

Wouldnt it trigger other apartment dwellers to call someone if a chainsaw is being used at 2am next door?

BiPolarWookie_w_PhD 3 years, 3 months ago

Maybe only a woodchipper at 2 am triggers a response.

Matthew Herbert 3 years, 3 months ago

chainsaws are much more intimidating in fights than garden tillers. Just sayin'.

Katara 3 years, 3 months ago

And also more intimidating than a weed whacker.

ksjayhawk74 3 years, 3 months ago

My brain hurts when I read comments suggesting that threatening a person who won't leave your house with a chainsaw, or any other weapon is OK because of Stand Your Ground Laws...

You can't threaten and/or kill someone because you are bothered by them... Your life or someone else's life has to clearly be in danger...

Duh... This guy won't leave my apartment... That means I can kill him!!!

No, that means you're a sociopath.

waiting 3 years, 3 months ago

Hey, they didn't arrest the girl down the street that threatened me with a pit bull last week if I tried to enter my own back yard, which she had entered through a closed gate.

somedude20 3 years, 3 months ago

Ya'll gots it wrong!!! Mr. chainsaw man was merely getting ready to play the lead chainsaw solo in The Lumberjack song (and that song blows) http://www.youtube.com/watch?v=A52p9j...

Flap Doodle 3 years, 3 months ago

Just like the final reel of Last House on the Left.

puddleglum 3 years, 3 months ago

I'm stihl shaking. heres my finger....something to poulon did you hear that? was that an echo?

Flap Doodle 3 years, 3 months ago

Coulda wound up with another foot-in-a-bucket situation.

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