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Court Rules Man's 'Gunlike Hand Gesture' Was A Criminal Act

News 23 Hours Ago
Newsweek


A Pennsylvania man has been found guilty of disorderly conduct after making a "gunlike gesture" towards his neighbor.

Stephen Kirchner, 64, of Manor Township, appeared before Pennsylvania Superior Court on Tuesday to hear the verdict for a disorderly conduct case based on a 2018 incident.

According to WGAL, in June of that year Kirchner got into an argument with his neighbor while walking with another woman from the area on the sidewalk. The two exchanged words and then Kirchner "stopped, made eye contact with [the male neighbor] and then made a hand gesture at him imitating the firing and recoiling of a gun," according to the court record.

Other neighbors saw the interaction and one was so concerned that they called 911. Police reported to the scene, took down statements from witnesses and issued a citation to Kirchner for summary disorderly conduct.

Kirchner and the neighbor had an acrimonious relationship for some time. He obtained a no contact order against the woman who was walking with Kirchner in 2018 and installed six security cameras to monitor the exterior of his house.

In court, he argued that he had pointed his finger at the neighbor after the man flipped him the double bird. After reviewing the arguments and the camera footage, the judge found him guilty.

Kirchner and his attorney weren't satisfied with a verdict, and appealed the case to the Superior Court of Pennsylvania.

The district attorney's office released a statement reading, in part, "Kirchner argued on appeal that the gesture did not cause a hazardous or physically offensive condition, that he did not intend to cause public alarm, and that there essentially was no harm done to the victim or society."

The judge disagreed. He upheld the sentence, stating that Kirchner's gesture "served no legitimate purpose, and recklessly risked provoking a dangerous altercation." He was ordered to pay a $100 fine and court costs.

Kirchner's attorney stated that he would not be appealing the charge any further.

The man is not the first to go to court over hand gestures. In 2017, a case went all the way to California's Supreme Court after a gang member named Mario Gonzales made a gun hand gesture at an off-duty police officer who was eating in a restaurant.

Gonzales was arrested for making criminal threats, but his lawyer argued that California's Penal Code §422 only applies "with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat," and hand gestures could not be included. The trial court agreed and dropped the charges, but the state appealed.

In appeals court, the judge reversed the decision and ruled that Gonzales could be charged under the code. The state Supreme Court then reversed that ruling, leaving the man free to go.

It must have been an assault gun gesture. Did he pretend like he had the thing that goes up in the back?



.

I am sure that diminished the conflict between the two juveniles. Judge is an idiot. I am in favor of creative sentencing, like requiring the two idiots to cooperate and complete a task together. You know the kind of stuff teachers make kindergarten students do when they misbehave. What a waste of time and energy.

^^^
First thing I thought of.

Present a more acceptable gesture next time

“Just fire the shotgun through the door” Gun advice from : Joe Biden.

Those assault fingers with high capacity are dangerous.

All kidding aside, I think context is everything here.

From what the OP posted, that gesture constituted a threat of physical violence.

Due to the increasing threat of hand gestures, California recently passed a law requiring everyone to wear mittens at all times.

This message has been edited. Last edited by: Eponym,

quote:

Originally posted by Hound Dog:
All kidding aside, I think context is everything here.

From what the OP posted, that gesture constituted a threat of physical violence.

That is exactly how I'd perceive it. Think about in the movies, that gesture is always the bad guys move to scare someone.

I did not see what the sentence was. Where did I miss it?

quote:

Originally posted by Skins2881:

quote:

Originally posted by Hound Dog:
All kidding aside, I think context is everything here.

From what the OP posted, that gesture constituted a threat of physical violence.

That is exactly how I'd perceive it. Think about in the movies, that gesture is always the bad guys move to scare someone.

As do I. But, here's the thing.

The court ruled (and argued to some degree) that the finger gun "served no legitimate purpose, and recklessly risked provoking a dangerous altercation.". But, the other asshole who instigated it was not cited, as flipping the double bird meets the same standard established by the court for disorderly conduct.

I get that the article leaves much to be desired, and that even local "reporters" try their best to be CNN in spinning a story. But, had I have been the responding officer, I would have cited both of them, or neither of them. You can't cite one without the other IMO.

quote:

Originally posted by Wolfpacker:
I did not see what the sentence was. Where did I miss it?

$100 fine and court costs.

quote:

Originally posted by jljones:

quote:

Originally posted by Skins2881:

quote:

Originally posted by Hound Dog:
All kidding aside, I think context is everything here.

From what the OP posted, that gesture constituted a threat of physical violence.

That is exactly how I'd perceive it. Think about in the movies, that gesture is always the bad guys move to scare someone.

As do I. But, here's the thing.

The court ruled (and argued to some degree) that the finger gun "served no legitimate purpose, and recklessly risked provoking a dangerous altercation.". But, the other asshole who instigated it was not cited, as flipping the double bird meets the same standard established by the court for disorderly conduct.

I get that the article leaves much to be desired, and that even local "reporters" try their best to be CNN in spinning a story. But, had I have been the responding officer, I would have cited both of them, or neither of them. You can't cite one without the other IMO.

Wouldn't the middle finger be similar to 'fighting words' and the shooting gesture a threat? Do you (the law) see them on the same level?

Do you have knowledge of the case? I can't tell from the article who had the six cameras installed? My guess its more likely the camera installer was not the instigator in my mind, just because I would think the one filming would be the one wanting protection from the more crazy party.

Should have claimed he was equally convinced the two middle fingers threatened a missile attack

Now how about snoop dog?

Our courts are out of control. This is absolutely ridiculous. The man is guilty of what? Making a hand gesture??? What a load of tyrannical bull shit. I can see this progressing into someone getting found guilty because he was learning sign language, and accidentally signed the wrong thing. Gosh - I want the government off my back and out of my wallet! Who was more tyrannical and repressive - the Crown of England, or our modern day government?

quote:

The court ruled (and argued to some degree) that the finger gun "served no legitimate purpose,

If "serving no legitimate purpose" is criminal, then every employee at CNN/MSNBC should get life without parole.

Reminds me of this...