Articles Posted in The Bird

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Regular Juice readers know that use of the bird has consequences. Here’s the latest installment of “The Bird” as reported by TCPalm.com:

St. Lucie County sheriff’s deputies went to an address in the 200 block of Camino Del Rio and spoke to the 70-year-old man. The man told deputies he was standing outside when he saw [Stephanie Maria] Mayerson [age 58] and her husband driving by. He said he “shot them the ‘middle finger,'” an affidavit states. Asked why he did so, the man said, “I do not like them for my own reasons.”

Hmm.

The man said the vehicle stopped, and Mayerson’s husband got out. The two started arguing, and the man said he called Mayerson an inappropriate name to her husband’s face.

Pretty ballsy 70-year-old. Maybe not too smart, but ballsy.

That, he said, is when Mayerson got out and punched him in the face. The man said he got knocked to the ground, scratching his wrist.

And that was the last word, at least for now.

Mayerson declined to speak with investigators.

The charges?

… felony battery on a person 65 years of age or older.

You can find the source, including a mug shot of Ms. Mayerson, here.

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Maybe this guy and the Niceville police officers are all regular Juice readers? While this is unlikely (The Juice aspires, but is realistic about his current reach), their behavior is indicative of the knowledge of a regular reader. As reported by The Northwest Florida Daily News:

On Oct. 17 officers were called to a Natheny Street residence to enforce an emergency injunction against a man, who was told to stay away from a woman and her son.

He gathered his personal belongings from a back bedroom, then put them back in the room he gathered them from.

As he was leaving, the woman and her son asked that he take his copy of the injunction with him. “The defendant laughed as he vacated,” the officer wrote. “I stepped to the door and verbally advised him, ‘Do not come within 500 feet of this residence,’ and the defendant’s reply was, ‘F— you.’ “

As he was crossing a nearby church parking lot, “he displayed his middle finger towards us as we passed. (The Bird),” the officer wrote.

An f-bomb and a bird, but no arrest – at least not for that.

The man returned to within 372.5 feet of the residence as measured by laser before stopping and challenging police to measure his distance.

Doh!

He was charged with violation of an injunction and has a Nov. 13 court date.

You’ll find the source here.

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Why should police officer read Legal Juice? If they did, they would know, as all regular Juice readers do, that the Constitution allows folks to flip them off, and to cuss. Sure, they can make an arrest, but in the end, the flipper or cusser will be walking away with some cash. (For example, see this recent Juice post.) Until Legal Juice is required reading for all police officers, The Juice has no doubt that this will happen over and over again. The most recent example was reported by The Marietta Daily Journal.

Amy Barnes, a member of the Occupy movement, says she flipped off police and cussed at them as she was on her bike on Austell Road near her Marietta home. Two Cobb Police officers had teenagers stopped outside a store as Barnes showed her displeasure from the moving bike.

A two-fer – flipping and cussing. Whether she was disrespectful or not is irrelevant. The First Amendment applies regardless. So what happened next?

Police followed and arrested her couple of blocks away.”They told me I shouldn’t be presenting a lewd gesture in front of children,” said Barnes.

The children!

Police charged Barnes with disorderly conduct. She says she spent 23 hours in jail — six in solitary confinement. The misdemeanor is still making its’ way through the courts, but Barnes’ attorney, Cynthia Counts, says police violated Barnes’ constitutional rights.

“It’s infringing speech; the government cannot just chase down a citizen and arrest them when they speak their mind,” said Counts.

Yes, it is. Now stop wasting everyone’s time, dismiss the criminal case, and pay the lady. And next time, as difficult as you may find it, just walk away. Here’s the source. (Image via Thirteen-Fifty/Shutterstock.com)

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Regular Juice readers know that you have a first amendment right to flip off a police officer. That doesn’t mean you won’t be arrested and thrown in jail. It just means that ultimately you will prevail. Any way, the same does NOT hold true for Judges, as this gent learned. As reported by NewsLeader.com (Springfield, Missouri):

David Hernandez, 31, was arrested Wednesday at about 3 p.m. while in the audience of a court proceeding. According to the judge’s docket sheet, Hernandez disrupted the court three times.

“Upon Mr. Hernandez’s departure from the courtroom, in direct view of Judge (Todd) Thornhill, (defendant) flails his arms and then lifts both arms in the air and extends the middle finger of each hand in utter disrespect and contempt of court,” the docket sheet reads.

Hernandez was asked if there was any reason he should not be held in contempt and produced none, the docket sheet says. The court then found Hernandez in contempt and ordered him to jail until August 23. [a 30-day sentence]

A police incident report indicates Hernandez was booked without incident.

To his credit, Mr. Hernandez learned from his mistake, unlike this gent, or this one, or this one. Here’s the source.

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While many police officers in the United States will arrest you for flipping them off, the courts have consistently held that doing so is protected by the First Amendment. There is nothing offering one such protection in Dubai, as an Iranian woman found out. As reported by gulfnews.com:

A businesswoman was sentenced to a month in jail for flashing her middle finger at two policemen after dining out with friends in a five-star hotel.

They said she had been drinking too. Her defense?

N.I. pleaded innocent claiming that she bit her nails and scratched her finger due to a skin disease that she suffers from when the policemen “confusingly thought she flashed her finger in their face”.

… and

The defendant claimed that she didn’t drink liquor and alleged that the food she had at the hotel was cooked in liquor.

Okay. Your evidence?

Sources close to the case told Gulf News that N.I. provided the court with a medical report confirming that she suffers from psoriasis.

The report said she remains under treatment because she suffers itchiness in her hands and legs.

And the prosecution?

Records said the policemen spotted N.I. jumping into the backseat of a car and flashed her middle finger in their face.

The policemen chased the vehicle that carried the defendant for two kilometres then asked the driver to follow them to the nearest police station.

N.I. was sent for examination. She tested positive for liquor.

Ma’am?

When asked about the findings, she said: “The liquor in my blood must have been there because the food at the hotel was cooked in liquor.”

What’s cooked is her goose. In addition to the 30 days in jail …

The court also fined N.I. Dh3,000 for consuming liquor and she will be deported after serving her term.

You’ll find the source here.

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Yes, folks, this bird is protected by the Constitution, as the City of Pittsburgh learned the hard way. Back in 2006, David Hackbart (of Butler, Pennsylvania) flipped off a cop, and got a disorderly conduct citation. He fought it, hard. Per the Pittsburgh Tribune-Review:

Pittsburgh City Council initially approved today a $50,000 settlement for a lawsuit filed by a Butler County man who gave the middle finger to a motorist and a police officer in 2006.

The officer cited him for disorderly conduct. The county eventually dropped the charge, but Hackbart sued to recover the cost of defending himself. U.S. District Judge David S. Cercone ruled in March that the officer violated Hackbart’s First Amendment right to free speech.

You can read more bird-flipping stories here, here, here, and here

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Australian Christian Marchesani has unambiguous contempt for speed cameras. Well, aside from the above photo, per the Australian Broadcasting Corporation:

… in January Marchesani sat on the fuel tank of his motorbike and rode past a speed camera twice with his thumbs up, reaching speeds of up to 130 kilometres an hour in a 70 zone.

The birds?

In March, he rode past another camera at 117 kilometres an hour while kneeling on his fuel tank and making obscene gestures [think middle fingers].

Maybe he just had a bad few months?

At the time of the offences he was riding under suspension and serving a suspended prison sentence for similar driving offences.

Um. Nevermind. Mr. Marchesani was sentenced to 10 months in jail. Here’s the source.