Simple Assault Case in Adams County

[djturnz]

Did anybody see this article?

http://www.eveningsun.com/ci_12700165?source=rss_viewed

A Hanover man accused of drawing an unloaded semi-automatic handgun on two people is going to trial in Adams County court.
Timothy A. Cusimano, 25, is set for jury selection Aug. 3. He faces charges of simple assault and harassment.

According to court documents, the victims, Bruce L. Hoffman and Donna L. Kessler of Thomasville, drove in the traffic circle in Abbottstown on Feb. 7 when they were cut off by a green Subaru.

The Subaru pulled into the Altland House restaurant, located along the traffic circle. They followed the car into the parking lot.

Hoffman then got out of his car and approached the driver, later identified as Cusimano's brother, Charles M. Cusimano Jr. He told Hoffman to leave.

Timothy Cusimano, who was in the passenger seat, got out of the car with his brother and allegedly pointed an unloaded, .22-caliber semi-automatic handgun at Hoffman's chest.

The brothers then walked into the restaurant to make reservations, according to court documents.

They came out of the restaurant a few minutes later and left. Hoffman wrote down their license plate number and called police.

Timothy Cusimano later told Eastern Adams Regional Police that he drew the weapon because he feared for his and his brother's lives. Charles Cusimano told police he did not know his brother had the gun, according to court documents.

I have some opinions, but I'll with hold them for now. Of course, who knows how accurate the article is. Or what will come out in court.

[larrymeyer]

The brothers are inbred. If there is no threat there is no reason to pull a gun. Lucky the other guy didn't have a loaded gun

[Robert Kayland]

Following another car after the fact and confronting the driver about cutting you off is seldom a wise decision... absolutely nothing good can come of it.

[cigarmanpa]

this is why Americans shouldn't use round abouts

[Adam-12]

The whole encounter is a mess.

The "victims" initiated a confrontation by following the guy that cut them off, so any claim of self-defense would be nullified--unless a sympathetic DA and/or jury chose to overlook their pursuit, or to (improperly) interpret the cutting-off as initiating the confrontation.

It was also pretty darn stupid. What if the idiot in the other car had a gun? Oh, wait--he did. They're lucky it wasn't loaded, or the moron that cut them off might have also been the moron that killed them.

The defendant, if the report is right, obviously did commit assault. He had no reasonable belief that he was in immediate danger of death or grave bodily harm. He's pretty damn lucky the people he threatened weren't carrying, or he'd probably be dead now. And he would deserve it, regardless whether the victims successfully claim self-defense.

Of course it's not a crime to chew someone out, or even follow him to do it. It wrecks any claim of self-defense, but as long as nobody gets hurt it's really a judgment call. Getting the license plate and reporting the assault was definitely the right thing to do.

[djturnz]

I just don't think that the "life was in danger" plea works here. No Desparity of force with two on one. [apparently] no life threatening remarks made.

I don't know how this will turn out, but I think it won't be good for the gun weilder.

Why carry an unloaded 22?

[cigarmanpa]

Why carry an unloaded 22?

needed a paper weight

[dlclarkii]

needed a paper weight

Or he ran out ammo and like the rest of us can't find any

[Gunny1969]

Who reported it was unloaded, the accused? I also wonder if he had a LTCF?

[Bug44]

Who reported it was unloaded, the accused? I also wonder if he had a LTCF?

Sound like the shit between his ears was unloaded as well...