Pardalis & Nohavicka Criminal Law Update

Pardalis & Nohavicka Criminal Law Update: Saying “I Got You, B@#ch” While Motioning Hands Like a Gun Constitutes Criminal Threat

A woman was parking her car in the Bronx when a man pulled up next to her in his car. She got out and the man also got out of his car and walked up to her. He said, “YOU DIDN'T SEE ME TRY TO PARK, WHAT THE F#@K IS WRONG WITH YOU, YOU STUPID B#@CH!” The man then got back into his car and said, “DON'T WORRY B#@CH I GOT SOMETHING FOR YOU!” He then drove away. She watched him then make a U-turn and he drove up to the woman again, rolled down his window, and said, while repeatedly motioning with his hand imitating a pistol with his fingers and pointing his hand in her direction, “YOU BETTER NOT LEAVE YOUR CAR, I GOT YOU B#@CH!” He then drove away.

911 was called and the man was arrested. His lawyer tried to have the case dismissed arguing, that the words used, although vulgar and offensive, did not rise to the legal threshold of a "threat" because they were mere verbal intimidations. The Judge noted that it could be reasonably inferred that the imitation of a pistol with the hand and pointing it was meant as a specific threat of physical contact — a shooting. Not only that, the alleged circling back with his car and the statement, "You better not leave your car, I got you b#@ch" made the threat immediate as it implied that the harm was on its way.

Here is the case: http://www.courts.state.ny.us/reporter/3dseries/2017/2017_27310.htm