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    Post: PTSD Defense to Malicious Mischief

    Posted by Rick on 10/29/07

    Charge: Malicious Mischief in the 3rd Degree (WA State)

    Subjective Findings:

    Defendant was a passenger in a vehicle that had recently
    merged off the freeway onto an offramp where traffic
    merged from 3 directions. The defendant merged into the
    center lane, and eventually into the leftmost lane. A
    private tourbus was behind the defendant, and according to
    the defendant, the tourbus attempted to pass the defendant
    on the lefthand shoulder while stuck in traffic, which
    resulted in the tourbus forcing the defendant's vehicle
    into the righthand lane of the road, nearly causing an
    accident. The defendant claims he was afraid for his
    safety as well as the safety of the driver, and the
    vehicle. As the tourbus continued to merge into the
    vehicle the defendant left the vehicle, and hit the side
    window of the tourbus in an attempt to gain the attention
    of the driver so that an accident would not occur. The
    side window of the tourbus broke as a result of the
    defendant hitting it. The defendant went back to the his
    vehicle. The tourbus operator stopped his vehicle ahead,
    and allowed one passenger out of the vehicle to come back
    towards the defendants vehicle. The defendant again left
    his vehicle, again afraid for his safety. Upon exiting his
    vehicle 6 more passengers were let off the tourbus and
    allowed to approach the defendant. The defendant and the 7
    passengers shouted at each other, until the passengers and
    the defendant got back into their respective vehicles.

    The defendant called the police to make a report
    immediately. The tourbus continued to drive, until they
    could stop and make a report to local police. Local police
    arrived and took a statement. Upon boarding the bus, the
    police noted many beer cans within the tourbus, as the
    passengers were drinking and heading to a football game.

    The defendant has a medical hx of PTSD as a result of
    being in Iraq with the Army.

    The question is, is it possible to get this case
    dismissed, using diminished mental capacity for PTSD?. Or,
    is there an easier way that might be an option based on
    the circumstances? The defendant didn't have knowledge
    that he would cause damage to the vehicle, neither did he
    have malicious intent as he was scared for his well being,
    and attempting to gain the attention of the motorcoach

    Posts on this thread, including this one
  • PTSD Defense to Malicious Mischief, 10/29/07, by Rick.

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