# Come on, Texas.. you're looking REALLY stupid now

**URL:** <https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102>\
**Category:** The BBQ Pit\
**Created:** [August 15, 2005, 3:23pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102 "2005-08-15T15:23:03Z")\
**Posts on this page:** 20\
**Page:** 5

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**Author:** ![Binarydrone](https://avatars.discourse-cdn.com/v4/letter/b/3da27b/32.png) [@Binarydrone](https://boards.straightdope.com/u/Binarydrone)\
**Post date:** [August 15, 2005, 9:44pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/81 "2005-08-15T21:44:50Z")

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> [@NoClueBoy](#):
>
> …Disagree if you want, but don’t play ignorant.

Not playing ignorant at all. To be honest, Tank boy has not made much of a blip on my radar and so I didn’t know that Texas was a hard-on issue. I got the patriotic zeal vibe from his post earlier, but the rest in news to me.

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**Author:** ![NurseCarmen](https://avatars.discourse-cdn.com/v4/letter/n/5daacb/32.png) [@NurseCarmen](https://boards.straightdope.com/u/NurseCarmen)\
**Post date:** [August 15, 2005, 9:46pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/82 "2005-08-15T21:46:21Z")

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Are you really buying the “just practicing my for Dove season” bullshit? The _ONLY_ reason he was shooting his gun was to scare the shit out of the protestors, and from the reaction seen at the beginning of the CNN video, he had to have been pretty close. If he would have been serious about practicing for dove season, it would have been a box of clays in the bed of his truck rather than a box of brews.

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**Author:** ![minty\_green](https://avatars.discourse-cdn.com/v4/letter/m/f6c823/32.png) [@minty\_green](https://boards.straightdope.com/u/minty_green)\
**Post date:** [August 15, 2005, 9:48pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/83 "2005-08-15T21:48:04Z")

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> [@ExTank](#):
>
> Larry Mattledge is a free citizen, and that means he’s free to kill a fifth of Jack, a case of beer (even something like Keystone :rolleyes: ), and blast away to his heart’s content on his own _private property_, up to the point that no one else is hurt.

Not so. Mattledge could plausibly be charged with violations of [Tex. Penal Code § 22.01(a)(2)](http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000022.00.htm#22.01.00) (assault) or [§ 22.02(a)(2)](http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000022.00.htm#22.02.00) (aggravated assault), given that there’s more than a little evidence that he discharged his firearm for the purpose of threatening the folks on the other side of the road. On his intention to threaten, note his strong statements of disapproval for the protestors, plus this rather telling exchange from the [CNN story](http://www.cnn.com/2005/POLITICS/08/15/bush.neighbor/index.html) on the incident:

> [@](#):
>
> Asked if there was an underlying message to the shots, which he fired harmlessly into the air, Mattlage told a reporter, “Figure it out for yourself.”

Seems pretty clear he’s not too interested in the kinds of doves with wings.

Also, looking a bit further through the Penal Code, it even looks like he could be charged with violating [§ 22.07(a)(1) & (5)](http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000022.00.htm#22.07.00) (terroristic threat).

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**Author:** ![Yeticus\_Rex](https://avatars.discourse-cdn.com/v4/letter/y/a698b9/32.png) [@Yeticus\_Rex](https://boards.straightdope.com/u/Yeticus_Rex)\
**Post date:** [August 15, 2005, 9:49pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/84 "2005-08-15T21:49:18Z")

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> [@](#):
>
> “It is disruptive,” Sheehan acknowledged after Mattlage’s complaints. “But George Bush is the one who caused the disruption, not us.”

I can understand the mother’s plight, but not her logic…I can see Mattlage rapping on Dubya’s front door and say…“Hey George, I got a problem with those guys that you made protest in front of your ranch. Could ya like uh…get them to go home or something?..I gotta weed-wack my ditches and they are blocking it up with their cars.” :rolleyes:

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**Author:** ![NurseCarmen](https://avatars.discourse-cdn.com/v4/letter/n/5daacb/32.png) [@NurseCarmen](https://boards.straightdope.com/u/NurseCarmen)\
**Post date:** [August 15, 2005, 9:49pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/85 "2005-08-15T21:49:56Z")

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> [@Unregistered Bull](#):
>
> I haven’t seen any evidence of him being intoxicated while firing his shotgun either.

View the CNN video again. There are more than just a few brewskis missing from that case.

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**Author:** ![Yeticus\_Rex](https://avatars.discourse-cdn.com/v4/letter/y/a698b9/32.png) [@Yeticus\_Rex](https://boards.straightdope.com/u/Yeticus_Rex)\
**Post date:** [August 15, 2005, 9:53pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/86 "2005-08-15T21:53:20Z")

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I have quite a few brewskis missing from my case, but I haven’t drunk any of them in the last 4 days. :dubious:

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**Author:** ![Duke\_of\_Rat](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Duke\_of\_Rat](https://boards.straightdope.com/u/Duke_of_Rat)\
**Post date:** [August 15, 2005, 9:55pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/87 "2005-08-15T21:55:34Z")

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> [@NurseCarmen](#):
>
> It’s my opinion that this guy was reckless. And I think you are giving him a capital ‘B’ benefit of the doubt if you think that his blood was Keystone Light free.

If, hypothetically speaking, he was near the protesters and fired away from them, would you consider this reckless? I haven’t seen anything that suggested he fired at the protesters, or toward the protesters. Only near the protesters.

If, while shooting at the range with your professional shooting buddies, you are standing behind them, do you feel threatened? Isn’t behind them the safe place to stand? Do you feel threatend standing perpendicular to another shooter, say 3 stations over? He is shooting near you, yet in a direction that is not aiming at you. Why would it be any different than this guy shooting a shotgun in a direction that was not toward the protesters? You can be near and not threatened.

Where is the statement by either local law enforcement or Secret Service indicating he had been drinking? Do you feel that they are not trained properly to detect the presence of alcohol on his breath? They must have viewed him as potentially deadly, especially the SS, and alcohol would have elevated the threat.

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**Author:** ![Unregistered\_Bull](https://avatars.discourse-cdn.com/v4/letter/u/3da27b/32.png) [@Unregistered\_Bull](https://boards.straightdope.com/u/Unregistered_Bull)\
**Post date:** [August 15, 2005, 9:58pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/88 "2005-08-15T21:58:33Z")

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The beer case on top of the cooler seems like a set up shot IMO. If law enforcement had believed that he was intoxicated, they could charged him. No matter how you cut it; it doesn’t appear that he shot in an unsafe direction.

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [August 15, 2005, 10:00pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/89 "2005-08-15T22:00:44Z")

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Thanks for fighting my ignorance.

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**Author:** ![NurseCarmen](https://avatars.discourse-cdn.com/v4/letter/n/5daacb/32.png) [@NurseCarmen](https://boards.straightdope.com/u/NurseCarmen)\
**Post date:** [August 15, 2005, 10:01pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/90 "2005-08-15T22:01:44Z")

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Sheesh, it’s become an argument of the obtuse.

Answer this. What was Mister Fucknugget’s intention when he fired into the air?

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**Author:** ![Yeticus\_Rex](https://avatars.discourse-cdn.com/v4/letter/y/a698b9/32.png) [@Yeticus\_Rex](https://boards.straightdope.com/u/Yeticus_Rex)\
**Post date:** [August 15, 2005, 10:05pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/91 "2005-08-15T22:05:49Z")

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To hit the sky for all I know.

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**Author:** ![Unregistered\_Bull](https://avatars.discourse-cdn.com/v4/letter/u/3da27b/32.png) [@Unregistered\_Bull](https://boards.straightdope.com/u/Unregistered_Bull)\
**Post date:** [August 15, 2005, 10:05pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/92 "2005-08-15T22:05:50Z")

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> [@NurseCarmen](#):
>
> Sheesh, it’s become an argument of the obtuse.
> 
> Answer this. What was Mister Fucknugget’s intention when he fired into the air?

Maybe to irritate the protestors, but as the Sheriff said, he did nothing illegal.

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**Author:** ![AncientHumanoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ancienthumanoid/32/278_2.png) [@AncientHumanoid](https://boards.straightdope.com/u/AncientHumanoid)\
**Post date:** [August 15, 2005, 10:09pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/93 "2005-08-15T22:09:01Z")

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> [@Binarydrone](#):
>
> Not playing ignorant at all. To be honest, Tank boy has not made much of a blip on my radar and so I didn’t know that Texas was a hard-on issue. I got the patriotic zeal vibe from his post earlier, but the rest in news to me.

Ah… I had seen you in many of the same Pit threads I was opening and assumed you were in the know about all the hot topics. My apologies and glad I could help clear things up.\* I used to jump on some of the same button pushing bullshit but lately I figure it isn’t much worth it. Just make an observation and let it go (usually).

\*a very small amount from the looks of where this thread is heading…

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**Author:** ![Duke\_of\_Rat](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Duke\_of\_Rat](https://boards.straightdope.com/u/Duke_of_Rat)\
**Post date:** [August 15, 2005, 10:15pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/94 "2005-08-15T22:15:50Z")

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> [@NurseCarmen](#):
>
> Sheesh, it’s become an argument of the obtuse.
> 
> Answer this. What was Mister Fucknugget’s intention when he fired into the air?

About the same as walking up behind somebody and popping a balloon or a paper bag… BOOM!!! That’s not illegal, either.

As for the case of beer. Sheesh. It’s August in Texas. If the beer was OUTSIDE the cooler, I doubt it was being consumed. Also, just because there WAS beer gone from the case, does this mean he drank any BEFORE he fired his shotgun? No chance he might have went to irritate the protesters and then went back and had a few cold ones? And if they were out side the cooler, they weren’t even cold ones.

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**Author:** ![NurseCarmen](https://avatars.discourse-cdn.com/v4/letter/n/5daacb/32.png) [@NurseCarmen](https://boards.straightdope.com/u/NurseCarmen)\
**Post date:** [August 15, 2005, 10:19pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/95 "2005-08-15T22:19:26Z")

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Balloons and paper bags are not deadly weapons. See Minty Green’s post above.

The guy was discharging his firearm to scare the people.

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**Author:** ![NurseCarmen](https://avatars.discourse-cdn.com/v4/letter/n/5daacb/32.png) [@NurseCarmen](https://boards.straightdope.com/u/NurseCarmen)\
**Post date:** [August 15, 2005, 10:23pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/96 "2005-08-15T22:23:24Z")

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> [@NurseCarmen](#):
>
> The guy was discharging his firearm to scare the people.

With the added side benefit of putting Sheehans withering news interest story back into the limelight.

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**Author:** ![minty\_green](https://avatars.discourse-cdn.com/v4/letter/m/f6c823/32.png) [@minty\_green](https://boards.straightdope.com/u/minty_green)\
**Post date:** [August 15, 2005, 10:31pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/97 "2005-08-15T22:31:12Z")

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> [@Duke of Rat](#):
>
> About the same as walking up behind somebody and popping a balloon or a paper bag… BOOM!!! That’s not illegal, either.

It certainly could be. See my post and link on “assault” above. See also, e.g., _Redfern v. State_, 738 S.W.2d 28 (Tex. App.-Texarkana 1987, pet. ref’d):

> [@](#):
>
> An assault may be accomplished through the use of an animate or inanimate object . . . A threat to release snakes into a person’s residence, whether or not the snakes are stated to be poisonous, is calculated to raise a reasonable apprehension of bodily harm on the part of the person threatened.
> 
> It is the threat of harm–not the threat of a sterile act–that consitutes the offense. . . The threat need not be in any particular form or even words at all, but may be made by acts, innuendo, or suggestions. . . . The test is what is reasonably communicated to the victim.

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**Author:** ![Duke\_of\_Rat](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Duke\_of\_Rat](https://boards.straightdope.com/u/Duke_of_Rat)\
**Post date:** [August 15, 2005, 10:43pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/98 "2005-08-15T22:43:25Z")

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> [@NurseCarmen](#):
>
> Balloons and paper bags are not deadly weapons. See Minty Green’s post above.
> 
> The guy was discharging his firearm to scare the people.

> [@](#):
>
> § 22.01. ASSAULT. (a) A person commits an offense if  
> the person:  
> (1) intentionally, knowingly, or recklessly causes  
> bodily injury to another, including the person’s spouse;  
> (2) intentionally or knowingly threatens another with  
> imminent bodily injury, including the person’s spouse; or  
> (3) intentionally or knowingly causes physical  
> contact with another when the person knows or should reasonably  
> believe that the other will regard the contact as offensive or  
> provocative.

So was it assault per 1, 2, or 3??

He caused no bodily injury. So I guess 1 is out.

He didn’t threaten bodily injury (I’ll shoot you if you don’t get off my road!). So I guess 2 is out.

Didn’t cause physical contact. No 3.

So it was innuendo that, by shooting a shotgun in their proximity, that the next time he was going to level the gun at them? Is this the assault? Dove season opens in about 2 weeks. Will dove hunting also be considered assault now that he is a known discharger of firearms in the presence of peace protesters?

Makes me want to go down and set up a trap range in his goat pasture. Not because I’m against what Sheehan is doing, I think she’s doing exactly the right thing, but because “evil guns” just drive some people nuts.

PS To NurseCarmen. Not a bad weapons cache you have accumulated.

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**Author:** ![ShibbOleth](https://avatars.discourse-cdn.com/v4/letter/s/848f3c/32.png) [@ShibbOleth](https://boards.straightdope.com/u/ShibbOleth)\
**Post date:** [August 15, 2005, 10:45pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/99 "2005-08-15T22:45:48Z")

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> [@lieu](#):
>
> The boy’s jumpin’ the start of Rightwing Dove season a tad, ain’t he?

Did you just stop off at Oxymorons-R-Us or have you been mishearing Stevie Nicks lyrics again?

_Just like a rightwing dove… sings a song… sounds like he’s singing…_

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**Author:** ![audreyayn](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@audreyayn](https://boards.straightdope.com/u/audreyayn)\
**Post date:** [August 15, 2005, 10:47pm UTC](https://boards.straightdope.com/t/come-on-texas-youre-looking-really-stupid-now/317102/100 "2005-08-15T22:47:18Z")

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> [@ExTank](#):
>
> Maybe he doesn’t speak with a “Tofu, Sperm, & Rap” accent typical of Californicators;

I’ve never heard this term before, but I tell you it does not make the accent sound bad, which I assume is your intention. It makes it sound interesting and conjures mental images of homoerotic tofu wrestling to loud music. Any accent that gives you those ideas is worth hearing.

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