Monday, December 1, 2014

Fruitdale, CO man charged with "menacing" after pointing a banana at Mesa County CO Deputy Bunch (I'm seriously)... / Michael A. Haber, Esq. **ARRESTED / **305DUI

Meet 27 y/o Nathan Rolf Channing, a Fruitdale, CO resident.  That's him below:

Just before Thanksgiving, on Wednesday, November 26th, 2014,Channing was arrested for "menacing" two Mesa County Colorado Deputies, one of whom was named Joshua Bunch, after he had pointed a banana at them.  (Yes, a banana, like one of those in the "bunch" below...)

I know that I wasn't there and that I did not witness the event but I really hope that there is video footage of the incident because I neither have context nor imagination sufficient to comprehend this arrest.  Mesa County must be near South Park, CO because...

Per Deputy Bunch's arrest affidavit he and his partner, Deputy Donald Love, feared for their lives even though the object being pointed at them was yellow.  Deputy Bunch swore that he had seen handguns in many shapes, sizes and colors, and a simply Google images search reveled the following:

My understanding of the CO crime of "menacing" is that it is the functional equivalent of "assault" in FL (In FL an “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.)  Apparently CO's "menacing" is also a misdemeanor but can be bumped up to e felony if it is "aggravated" (in most cases by using a deadly weapon).  Upon information and belief (I am not 100% certain about CO - I am 100% certain about FL law - but my limited research suggests that) in both States what turns out to be a non-deadly weapon can still be the basis of bumping a "simple" menacing/assault to a felony charge where the presumed deadly weapon is handled in such a manner as to create the requisite fear in the victim.  

That said I don't know whether Channing faces misdemeanor or felony menacing charges for his banana pointing stunt, but I do know that his explanation for his actions (that he was "doing a trial run for a planned YouTube video" and that he thought that it would "lighten the mood") is reason # 147 why you should INVOKE and not try to explain yourself to the police.  

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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