...was arrested on suspicion of second degree assault
Why not attempted murder?
Here in Arkansas, you don't see too many people hang-gliding. Ol' Zeek decided to save up and get a hang-glider. He takes it to the highest mountain, and after struggling to the top, he gets ready to take flight. He takes off running and reaches the edge--into the wind he goes!
Meanwhile, Maw and Paw Hicks were sittin' on the porch swing talkin bout the good ol days when maw spots the biggest bird she ever seen!
"Look at the size of that bird, Paw!" she exclaims.
Paw raises up," Git my gun, Maw."
She runs into the house, brings out his pump shotgun. He takes careful aim. BANG...BANG.....BANG.....BANG! The monster size bird continues to sail silently over the tree tops.
"I think ya missed him, Paw," she says.
"Yeah," he replies, "but at least he let go of ol' Zeek!"
Why not attempted murder?
In Colorado for murder you have to show intent to actually kill the guy. That's a bit more involved than assault which just requires intent to cause harm. Now if he'd actually killed him it, because the death arose from a felonious act, that would be murder. Usually in Colorado you file assault charges in parallel with the attempted murder as the latter often doesn't get convicted.
It's only second degree assault because even though he used a firearm, it only resulted in harm rather than serious harm. Even so it's good for 4-12 years and he will be barred from owning firearms for a long time.
Sounds like ultralight man was buzzing the dove field to interfere with their hunt. They shouldnt have shot him, just get him ticketed.
Where did you read that?
The OP cited a story that said the ultralight pilot was flying over his own corn field, checking his irrigation system. The pilot should be complimented for finding a good use for an ultralight.
The ultralight operating rules say that you can only use them for recreation or sport, inspecting your irrigation system is a commercial enterprise.
Would you similarly say that a farmer similarly cannot view fields or cows when flying a Piper Cub under Part 91 because it is commercial? It seems to me that without a customer, passenger, or cargo, it's not commercial flying. But what do I know.
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In Colorado for murder you have to show intent to actually kill the guy. That's a bit more involved than assault which just requires intent to cause harm. Now if he'd actually killed him it, because the death arose from a felonious act, that would be murder. Usually in Colorado you file assault charges in parallel with the attempted murder as the latter often doesn't get convicted.
It's only second degree assault because even though he used a firearm, it only resulted in harm rather than serious harm. Even so it's good for 4-12 years and he will be barred from owning firearms for a long time.