Empty Threats

This wikilog article is a draft, it was not published yet.

by: Ryan • April 4, 2011 • no comments

One day, I will find a reason to use this quote, either in support of a special jury instruction, or a written MJOA, or paraphrased for closing argument.

The only direct evidence that Jimison stole the guns with a felonious purpose was Hecker's testimony that Jimison "said something about he was going to go Rambo." Taking Hecker's vague recollection at face value and assuming that "going Rambo" implies turning to gun violence, Jimison's offhand comment lacks sufficient specificity to establish that he formed a firm intent to shoot it out with police. Most of us make empty statements out of frustration from time to time- a parent learns that his kid got into trouble again and exhales, "I'm going to wring his neck"; a driver gets cut off in traffic and yells out the window, "I'll beat you to a bloody pulp"; one of the 12 Angry Men screams "I'll kill him." These exclamations are part of our everyday parlance and don't generally connote any intent to commit violence. This is especially true when the statement is made as a result of agitation or emotional distress, as was the case here. Suppose a husband learns that his wife has been cheating on him and blurts out that, if he sees the paramour, he will "blow her head off." Without further evidence, we wouldn't consider this comment sufficient to conclude that the husband formed a firm intent to harm the home-wrecker.

US v. Jimison (2007)