Shooting By War Eagle Marina Employee

[Guest]

Can somebody explain to me, why this happened?

What are the laws regarding commercial marinas?

I thought you could fish them as long as you stay 50ft back of the gas pumps.

It would be nice to know the law before launching my boat at this marina.

Thanks

[Quillback]

I think it's 50 feet or a hundered feet from the marina, not just the gas pumps, but it's obviously illegal for them to shoot at you if you're too close. I think just pointing a firearm at someone and threatening them with it can get you a year in jail, the clown that did the shooting may be spending some time in the graybar motel.

[FishinCricket]

I think it's 50 feet or a hundered feet from the marina, not just the gas pumps, but it's obviously illegal for them to shoot at you if you're too close. I think just pointing a firearm at someone and threatening them with it can get you a year in jail, the clown that did the shooting may be spending some time in the graybar motel.

Let's hope, cause this story is ridiculous!!

I wonder: if the fishermen had felt threatened and had opened fire in return, would the be in trouble?

[Quillback]

Good question, I don't know, but my guess is that you could shoot back if someone opens up on you. I believe you are allowed to defend yourself if threatened with deadly force. You'd probably get arrested and then the prosecutor would decide whether or not to put you on trial, but I bet it wouldn't go to trial. And if it did the jury would probably find you not guilty if you were able to prove you were in fear of your life and were defending yourself. Not that I'm a lawyer, but that's my understanding of how it works in Arkansas.

[Guest]

Okay,

Its 50 feet from any commercial marina on Beaver.

So, I was wrong about the gas pump assumption.

Not sure that I will be fishing there anytime soon.

Maybe somebody should call that marina,

ask if Mr.Cheval is working today. LOL

[hoglaw]

Whether these fishermen had a gun or not is unknown, but the sure fire way for them to have made this situation worse was to pull a gun themselves. All that would have guaranteed is that the dumbass would have shot at them and not just near them.

It's an aggravated assault which means that it is a felony. I would imagine given the nature of the crime and that shots were actually fired, the WCPO will require actual pen time. If he's a first offender he may get to go to RPF or something, but that may only be available for non-violent crimes.

The law in Arkansas (and most every state as far as I know) is that you have a right to use force in defense of yourself or others that is reasonably proportionate to the harm that is threatened. If someone pulls a gun on you and you reasonably believe that your life (or the life of another) is in danger, then you have an affirmative defense to the charge of murder when you smoke them. It doesn't mean you didn't commit murder, it doesn't mean you won't be accused and tried, it just means you have a defense to the charge that will result in an acquittal if you manage to prove your defense.

[ness]

Will this thread turn south?????

[Guest]

Whether these fishermen had a gun or not is unknown, but the sure fire way for them to have made this situation worse was to pull a gun themselves. All that would have guaranteed is that the dumbass would have shot at them and not just near them.

It's an aggravated assault which means that it is a felony. I would imagine given the nature of the crime and that shots were actually fired, the WCPO will require actual pen time. If he's a first offender he may get to go to RPF or something, but that may only be available for non-violent crimes.

The law in Arkansas (and most every state as far as I know) is that you have a right to use force in defense of yourself or others that is reasonably proportionate to the harm that is threatened. If someone pulls a gun on you and you reasonably believe that your life (or the life of another) is in danger, then you have an affirmative defense to the charge of murder when you smoke them. It doesn't mean you didn't commit murder, it doesn't mean you won't be accused and tried, it just means you have a defense to the charge that will result in an acquittal if you manage to prove your defense.

Its good to hear the facts from a professional.

[Stump bumper]

The new law that went into effect last year is you cannot fish within the no wake zone of the marinias. It has not been enforced around Praire creek but I heard last year that war eagle marinia was enforcing the law. It is a Corps law and not a State law so it is questionable on who can enforce the law, but I do remeber in the wording that the Marinia owners were responsbile to ensure the law was being obeyed.

But there was no reason to shoot at these people. From what I have heard though War Eagle is not fishmern friendly and should be avoided. On the other hand I have fished the stahls in Hickory creek marinia at night and seen serveral people fishing around the lights and have never heard of anyone being harrased or run off.

[Guest]

The war eagle staff is very rude to anglers.

They tried to run us off from a COE boat ramp.

We were bank fishing and they accused us of camping in a no camping area.

So, they obviously enforce the new law and go out of their way to harass some fishermen.

They don't own the lake or the entire cove, although they act like it.

However, they allow slip renters to fish from the structure.

It all revolves around money, as usual.