Quote Originally Posted by kap
I feel bad for all parties involved. Seems like it escalated fast and not one person in the whole group was thinking clearly. In response to Beth29, "the threat of of harm is not a criminal offense." Actually it is, at least in IL it is. The White family could have had Cicciaro and his friends arrested for causing him to be "alarmed and disturbed." You can not threaten people and get away with it.

One more fatality resulting from Myspace.
I was threatened with harm and the police said they couldn't do anything about it until the person actually did something. The police said they couldn't intervene or pursue the individual on the presumption he was going to follow through on his threat to me. That you can't arrest someone because they MIGHT do something.

My lawyer also said due to a few things specific to the "event" he also could not pursue the person under a civil case and that physical harm to my person or property had to happen for criminal pursuit.

I've had to live with my rights being violated (everyone agreed they were violated).
I've had to live with the continued threat to my safety from this individual.
And to this day there is nothing I can do because the person walks that fine line where he is unreachable both criminally and civilly (each having their own criteria of what is needed to pursue a case).

Threat of harm has to be imminent I think.

Then there is the issue of jurisdiction
county - state - federal

Which code - ordinance - tort - or whatever.

My situation was a complicated one with no confusion over the obvious wrong doing of the individual but whether or not he could be pursued and who that would be. Certain parties involved would not assist because they weren't legally bound to - when their direct involvement could have ended or at least reduced the situation significantly. It was loophole city.

I exhausted all my avenues and was headed toward the FBI when the guy sudden stopped the majority of his threats so maybe he got wind. Now he only reappears every once in a while but the threat is always there.

In any case - it's an uneasy feeling all the time.

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And I agree, had the White family called the police instead of killing the boy, the news would be about the White's litigating against the Cicciaro family.

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I think I would have swatted at the gun to reduce the threat of it being at my face. So was Daniel's hand injured with the gun shot as well? If the contact of Daniels' hand toward the gun was significant enough, then the shot to the face should have been less direct. So does any news article offer the angle in which the bullet hit the boy's face? [to see if it could have been accidental in a struggle type thing]

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Never point a gun at a living being without the intent of shooting them
Never put your finger on the trigger without the intent of pulling the trigger

There are better ways of saying those two statements but they are good rules to live by if you own a gun or are in contact with one.