Employee Says She Robbed Store to Teach Other Employees a Lesson

Employee Says She Robbed Store to Teach Other Employees a Lesson

The Las Cruces Sun News reports {that a} Subway store was robbed Monday evening by an worker and an confederate, which is unlucky however wouldn’t be information apart from the worker’s rationalization. Police mentioned the worker admitted she was concerned however “indicated she wanted to teach one of the [other] employees a lesson about what could happen late at night in that part of town.”

If the lesson was “you could be robbed by me and an accomplice,” then lesson realized, I suppose.

The report is brief on particulars, however says that the 2 theft academics entered the shop about 7 p.m. (not “late at night,” ruining that a part of the lesson), and “verbally and physically threatened the employees,” ushering them to the again. (One fled, and referred to as police.) There’s no point out of a weapon, and the report says solely that they had been charged with theft, which is “the theft of anything of value” from a person “by use or threatened use of force or violence.” The different would have been “robbery while armed with a deadly weapon,” and below New Mexico legislation “deadly weapon” is outlined fairly broadly:

any firearm, whether or not loaded or unloaded; or any weapon which is able to producing demise or nice bodily hurt, together with however not restricted to any sorts of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which harmful cuts may be given, or with which harmful thrusts may be inflicted, together with swordcanes, and any type of sharp pointed canes, additionally slingshots, slung photographs, bludgeons; or some other weapons with which harmful wounds may be inflicted….

So mainly, below New Mexico legislation, a “deadly weapon” is any weapon that’s lethal. And as we’ve seen, prosecutors have been keen to outline such statutes broadly sufficient to cost somebody with utilizing a “deadly weapon” even if they didn’t have a weapon. See Ninth Circuit Grapples With Whether Bare Hands Are ‘Weapons’” (Mar. 2, 2010) (its conclusion: no). I infer from this that the New Mexicans on this case had been unarmed.

It’s too unhealthy they weren’t armed with poniards, as a result of that might justify this paragraph noting that New Mexico is considered one of solely three U.S. states (congratulations, Indiana and West Virginia) that particularly point out poniards of their statutes. A poniard, as you of course know, is a straight double-edged stabbing weapon that’s longer than a dagger however shorter than a rapier, the type of factor you’d anticipate to see being waved round in Hamlet however not a lot in New Mexico. We may debate that definition, however that is precisely why having these enumerated lists is usually only a massive waste of time. It causes confusion (see, e.g., People v. Castillolopez, 63 Cal. 4th 322 (2016) (concluding {that a} Swiss Army knife isn’t a “dagger”)) though however it provides legal-humor writers one thing to do (see, e.g., Is an Alligator a ‘Deadly Weapon’?” (Feb. 12, 2016) (concluding that it relies upon)). This is presumably why even Texas dropped the “poniard” in 2017, streamlining the legislation and simply going with “knife,” outlined broadly as “any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing….” One of many doubtlessly lethal weapons, in fact.

Anyway, they don’t appear to have been armed with poniards.

They do appear to have been carrying masks, as a result of the report says one of many robbers’ co-workers “identified her by her voice,” which is among the dangers of robbing the place the place you’re employed. An officer responding to the escapee’s name observed a Kia Optima “parked suspiciously in the area,” and perhaps sooner or later we’ll hear extra about how suspicious parking constitutes possible trigger, however in any occasion the Optima turned out to include the 2 suspects.

It was at this level that the robber deployed the “teach them a lesson” excuse. I might price this as above “did it only to research the criminal mind” and “it was a film project” however properly under “would rather go to jail than keep living with my wife.” Again, such enumerated lists should not actually essential however give legal-humor writers one thing to do.

Henry Mitchell

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