[dhmartens]

I analyzed the still photos and looked at the definition of assault.

http://www.greengonzo.com/dictionary/Asault.html

"A violent onset or attack with physical means, as blows, weapons, etc.; an onslaught; the rush or charge of an attacking force; onset; as, to make assault upon a man, a house, or a town.
A violent onset or attack with moral weapons, as words, arguments, appeals, and the like; as, to make an assault on the prerogatives of a prince, or on the constitution of a government.
An apparently violent attempt, or willful offer with force or violence, to do hurt to another; an attempt or offer to beat another, accompanied by a degree of violence, but without touching his person, as by lifting the fist, or a cane, in a threatening manner, or by striking at him, and missing him. If the blow aimed takes effect, it is a battery.
An intentional threat, show of force or movement that causes a reasonable fear, or an actual physical contact.
(fencing) A non-competitive combat between two fencers"

I further analyzed the photos and can clearly see a reflection of BobK standing motionless with both hands on the camera in a non threatening way.

The paraglider instructor was kiting without a helmet. This is fine when there is no chance of launching and no solid aircraft in the air.

The paraglider instructor turned towards BobK and ran at him as if he(instructor) was possessed by Quetzalcoatl (an Aztec God that feeds on human sacrifice).

[wingspan33]

DH,

What you found is all well and good, except, . . .

The Legal definition is actually more mild than almost all of your references. Assault can actually involve only verbal elements and/or physical posturing that can be taken (by a reasonable person) to seem or appear to be threatening in nature. And Battery too, can only involve unwanted physical contact - no fists need to be thrown - or make impact. A chest butt is a perfect example. If unwanted, it is an example of criminal Battery.

As I understand what's on Bob K's video - and seen in the still images - the elements of both crimes, Assault and Battery (against Bob K) are in evidence.

I too love the subtle but clear evidence in the Sun Glass lens reflection. You get to see Bob peacefully holding the camera, with his other hand in his pants pocket - while chaos ensues around him.

[eagle]

Who is Mr. X____________________.
Who is Liable, Accountable and HIDING ...
Will the Real Persons Responsible For All the BS at Torrey Pines Glider Port.
The So called "True" Leaseholder/Flight Director that is Allowing this to Happen....

~ Please Step Forward and take the Stand ~

Who is It .jpg (51.55 KiB) Viewed 4389 times

[Bill Cummings]

Court depositions are referred to and relied upon heavily. If a defendant is at the mercy of the legal system, it is incumbent upon the defendant to read the depositions carefully, looking for errors within the transcribing.

Judges, lawyers, prosecutors, defense attorneys, jurors and court reporters, are all subject to human error. Human error, by itself, can get in the way of justice for a defendant. Prosecutorial misconduct can further load the deck against a defendant.

While reading the pretrial depositions to the lawsuit filed against John McAfee and John Q. Olson (Ole), posted at http://learntohangglide.com/home.html I noticed an error in the transcription.

Mr. Olson was asked, by the prosecuting attorney, “What is ‘Life Support Aircraft‘ ”?

I’ve observed that people usually form opinions based on what they already know, though they’re hearing something new. Most people have thought processes that are trapped within a paradigm. Their paradigm of thinking actually hinders their grasp of new concepts, phrases, words, and, thereby, their understanding.

It was obvious to me, that someone, somewhere within the chain of discovery, had mistakenly transcribed the actual term, “Light Sport Aircraft,” to read “Life Support Aircraft”.

Ole’ probably was counseled by his attorney to keep his responses brief and to the point. He wasn’t required to assist the prosecuting attorney’s derailed train of thought in order to get it back on its tracks. The prosecuting lawyer, thus, tripped on his premise and scrawled on the, now-missing, point of his conclusion. I’d be willing to bet that any prosecutor hates it when that happens.

More important than the derailment, was the fact that the different prosecution witnesses were contradicting each other, a fact that was only noticed through careful reading, and rereading, of the transcripts.

[eagle]

Oh My GOD ~ Better Even Yet
Who's Making the Money and has Something to Loose
Please Sign Here :

The Money Man X_________________________ .

& Speak UP.jpg (29.3 KiB) Viewed 4371 times

[dhmartens]

Correction: Both hands on the camera?

If you look at picture untie_64.jpeg it appears he may have both hands on the camera. After photo analysis it is inconclusive but there is a distortion. Not that it matters. Police are masters of body language and I am just looking for any threatening body language.

Bob has displayed maturity and restraint where the other party is guilty of unsportsmanlike conduct.

The other issue is "Stand your ground laws" or known in California as Castle law.
A “stand your ground” law states that a person may use deadly force in self-defense without the duty to retreat when faced with a reasonable perceived threat.

http://www.clickorlando.com/news/stand- ... e/27240580
"note not in California"
A man accused of shooting and killing another man in the parking lot of a Walmart in Marion County will not face any charges.
On July 9, Colt Thriemer shot and killed Thomas "TJ" Brown after the two got into a fight in the parking lot of the Walmart in Silver Springs Shores.
In a new report, prosecutors say Brown had been threatening to kill Thriemer for months, so when Thriemer was confronted outside the store, he was justified, via the state's "stand your ground" law, in using deadly force, officials said.

5 Things To Know About ‘Stand Your Ground’ In California
http://ww2.kqed.org/news/2013/07/22/5-t ... california

This situation could be much worse and and a very negative for the sport.
I hold the USHPA competition committee as being negligent in their duties by not suspending the aggressor 7 days and a $50 fine.

http://www.ushpa.aero/forms/Sanctioning_Manual.pdf
Must follow the Competitors Code of Conduct (See relevant USHPA Rulebook).

Since the gliderport lease is offerred in competition by the city of San Diego this falls under the jurisdiction of USHPA competition committee.

[eagle]

~ Everybody's Watching & They Don't Look So Happy ~

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[Bob Kuczewski]

Around midnight .... my van's alarm started sounding. I ran outside and found the passenger sliding door wide open.

Everything seemed to be in order, but that door didn't open itself.

[SamKellner]

[wingspan33]

Bob,

If it wasn't hours ago I would tell you - Immediately call the police! If something was stolen from (or placed in) your van, you have a record of a police response AND a record of illegal entry into your vehicle. Could be that somebody would love to get you pulled over for a bag of "substance" hidden under your passenger seat - that was put there last night.

BTW - Was your van locked? In day light is there any sign of forced entry? At times (thieves and) Police carry those car lock popping tools. Two seconds and they can have your door open - with no key.

I'd say - Better safe than sorry!

Police could also tell you if other similar vehicle break-ins have happened recently in the area.

Around midnight .... my van's alarm started sounding. I ran outside and found the passenger sliding door wide open.

Everything seemed to be in order, but that door didn't open itself.