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Barisone Criminal Case Update

A person I was talking to after the last thread closed said that CPS workers take dog bites very seriously and that she would not be surprised if CPS said that the dog must be removed from the property. She used to do that job but not in NJ.

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RC Sorry, fixed it

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Hard to follow a thread when random quotes are being stated like fact and thrown into them from old threads?

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Well, it seems like it was a fact when the statements echo the now independently reported statements without the spin


If the thread survives
I’ll post it later so everyone can see just how similar “non fact” these statements in fact are



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But the conversation isn’t in this thread so it really makes 0 sense when you are reading this thread
very confusing

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Sorry, do not mean to be confusing. In the day prior to the shooting, the dog was said to have bit RC when she was posting the notices from the zoning people. I assume that is a fact but I do not know the circumstances surrounding the bite.
It could be relevant to the shooting as CPS was there the day of the shooting and supposedly still there when the shooting occurred.

Some have speculated that the dog may have been a reason for MB having the gun with him. Again, speculation which is why I indicated it as such.

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Thanks for this news and opening a new thread @3PonyFarm !

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You are welcome! I thought I would give you a break from having to do it. I appreciate your efforts to keep us updated throughout this case.

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@Sdel

I don’t see anything in the article about MB locking the gun in his office. But that may be what happened. Do you know that from elsewhere?

If true, on the face of it, taking the one known gun on the property out of a truck and locking it up is a smart move on a property where tempers are rising. Too bad it didn’t stay locked up. And I guess the act of letting someone else lock it up equates to giving them possession of it, which is illegal whether or not anything bad happens.

Whatever the facts, it is also a way for the prosecution to coerce RC into testifying against her friend.

More generally, I think it is nonsense trying to piece together anything from the victim’s very conflicting stories.

To me it’s the kind of American tragedy that unrolls because people have access to guns and can reasonably believe other people do too. Incidents that might otherwise be shouting and swearing or a few pushes and shoves escalate fast.

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I have another question for the brilliant legal peeps that have generously contributed their legal knowledge to those of us who do not have any.

I am told there are different types of possession possible in a criminal case. I am paraphrasing what I was told so please correct me if I am incorrect on any of these terms.

One was actual possession, one was constructive possession, joint possession, fleeting possession. I am probably missing one. Also, there are different elements to prove in each type.

What would be a likely charge of possession if two people are in the presence of a weapon but not actually holding in their hand at the time of arrest. What elements might the prosecution have to prove? I am assuming the presence of GSR and witness statements come into play but with the info we have so far based on news reports, it seems multiple types might be a possibility in this case.

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As I recall from earlier discussion these are the kinds of laws that are written differently in each state.

I assume that if Person A brings a weapon and assaults Person B, and Person B grabs that weapon, Person B does not get charged with possession of a weapon.

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The constructive possession charge was confusing to me as my understanding was that it was possible for a person to be charged with a gun charge in a crime even if their fingerprints were not on the weapon but they were considered to be in control of the weapon. I could be wrong in my explanation but I was hoping someone with knowledge might be able to clarify for us.

Edited for correction-possession in a gun charge. Its all the definitions of possession and how they apply in different circumstances.

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I am curious as to why the police or zoning people (whoever was legally responsible for posting the notice) would allow someone else to do it. If the enforcement people allowed someone to post the notice, wouldn’t they bear some responsibility if the notice was posted incorrectly?

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Oh you mean like I plan a bank robbery and then give a gun to the actual robber while I drive the getaway car?

It sounds like RC was not considered to be actually involved in the shooting, her charges were about letting the gun out of her control and she was basically given probation and charges will be dissmissed after a certain time. But she has to testify for the prosecution. The way her Court case played out it does not sound like she was involved in the shooting in any way at all.

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I agree with respect to RC gun charge as she did not take part in the shooting. I was curious if the cops find two people in proximity to the gun, how is the type of possession charge determined? Do they take one person’s word for it. I think the previous comments about the gun missing are throwing me off too. The owner, RC would know who she gave it to. If a comment was made that it was missing that other people were aware of, it seems that MB was no longer in possession of it and its location was unknown.

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And you won’t! Sdel literally just made that up. Now 30 post into it
 we have “mb locking the gun up for safety”, and why “RC was so persistent on getting into the house”! Absolutely nothing that resembles information in this article or any other. The article actually states that RC gave the gun to MB. But let me guess
 random post 621 said it so “its known fact”. I’m starting to think @Sdel is on MB’s payroll. Simply to twist facts and see if it will go anywhere. Maybe this is where all that money MB is panhandling in jail goes. MB stated that he had some bombshell info that was going to come out in court, so stay tuned and send more money. :laughing: I wonder if this was it? His friends turning on him and explaining exactly how he had the gun! Now please explain how MB asking to see the gun days prior to the shooting doesn’t scream premeditated.

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@3PonyFarm

Well, MB has admitted from the start that he took the gun and shot a person. That has never been in dispute or doubt. He has never tried to claim that he wrestled the gun away from one of the victims, for instance. So yes, if both the shooter and victim agree that the shooter arrived with the gun the police do tend to accept that as a basic fact.

I don’t know who was talking about a gun being missing. The victims here have said a lot that doesn’t hold up and make lots of innuendos. I would not bother going down any rabbit holes they open up.

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I didn’t realize he admitted to bringing the gun.

I probably did not state my original question very well which was more of the different types of possession and how they might fit into this case. It was intended more as a request for more insight into the differences of possession rather than to challenge any evidence.

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@JumpinQueen

I’m not sure what you are referring to. Has MB been crowdsourcing legal fee donations or something? This has not been mentioned here previously so perhaps you could explain.

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No, I don’t recall MB admitting to anything. Where have you seen that as fact?

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