Kemp’s Commercial Could be Criminal

As a prosecutor, I prosecuted dozens of individuals, who pulled out a weapon and pointed it at someone with the intent to cause fear in that person.  Some of those people are likely still in jail.   As a defense attorney, I have defended individuals at trial who were accused of aggravated assault when they pulled out a gun in response to a threat.  In Georgia, pointing a firearm at someone is a serious crime. Brian Kemp simulated a crime on television in an effort to convince people to vote for him.

The Georgia General Assembly has created three separate crimes that potentially cover the actions that Republican Gubernatorial candidate Brian Kemp displayed in his most recent commercial.  Check out the entire cringe-worthy commercial here: https://youtu.be/4ABRz_epvic

As a parent, I have heard the expression “you better get your shotgun ready.”  We all know that is a euphemism used to refer to someone’s daughter that will soon be a heart-breaker with the boys.  With that said Mr. Kemp – that is an expression not a directive. In the same way you would not display your daughters in a commercial literally taking human hearts and breaking them, it is not appropriate to get your shotgun to intimidate someone on television.

Lets review this commercial through a prosecutors lens.

The commercial opens with Kemp displaying all the firepower he owns.  Five handguns to his right, two AR-15 type guns against the wall, a rifle behind him, three more rifles laid out on the table and a rifle in his hands directly pointed to his left.  Also, to his left, a young man who looks school aged that we quickly learned is named “Jake.”  “Jake is a young man interested in dating one of my daughters,” says Kemp.

After the mass shooting in Nevada and Stoneman Douglas high school – let me be the first to say Mr. Kemp – TOO SOON.  The idea of putting a high school aged child in a frame with the same rifle used to kill children just one state away seems extremely miscalculated and insensitive.  But Kemp didn’t end there. 

Kemp had Jake list out his platform for Governor in very simplistic terms.  However, frankly, I don’t know what those points were.  Why? Because the prosecutor in me couldn’t help but to focus on Jake’s eyes darting towards the gun pointed at him.  After reciting each platform point, Jake looked at the firearm with fear in his eyes.  Kemp was stroking the gun incessantly while using what many would consider as threatening gestures or language.

Jake did not look happy or comfortable.   As a prosecutor it looked like Jake was “in reasonable apprehension of immediately receiving violent injury.”  It did not help that Kemp scowled the entire commercial.

Then, Kemp cocks the gun and points it squarely in the direction of Jake, while Jake describes how having a “healthy respect for the 2nd Amendment” is a requirement to date Kemp’s daughters.  Secretary Kemp, does this “respect for the 2nd Amendment” include not committing a crime with a gun?  If so, then if this were real you would have failed sir.

Georgia being an open carry state does not mean you can assault people, commit simple assault, threaten a juvenile and call it good fun.  Anyone else doing the exact same thing off of camera would be in jail.  Setting a great example for Georgians there Kemp.  Thank goodness Kemp’s daughters are not dating black boys …

Let me put on my defense attorney hat.  I would be defending Jake in this instance.  Jake would have been more than justified in grabbing one of those nearby firearms.  Particularly once the gun was cocked and pointed in his direction, no jury could deny that Jake was acting in self defense.


SIMULATED SELF DEFENSE HEARING:

Attorney: “Jake why did you grab the gun off the table and point it at Secretary Kemp?”

Jake: “Because, I was afraid he was going to shoot me.”

Attorney: “Jake he is running for the Governor of Georgia.  Why would you be in fear of serious bodily injury?”

Jake: “Because he had the darn gun pointed in my face and then he cocked it.  He was scowling at me and I did not feel free to leave.”

 


I would also defend Jake’s father, if he showed up at Kemp’s door with a gun of his own.  See how Kemp likes it when someone his own size cocks a gun in his face.   Where I am from in Georgia we have a saying, “don’t pull it unless you intend to use it.”

I understand this was a staged commercial and Jake was not in actual fear of serious bodily injury.  However, can we ignore the fact there are more than 500 accidental gun deaths in American annually?  Did we forget that former Vice President Dick Cheney shot a man in the face as a display of one of those accidental shootings?  Is this what we want from a Governor?  Is there not another way to show support for the 2nd Amendment without simulating a crime on television?   What happened to responsible gun ownership?

Here are some suggestions for candidates who want to show respect for the 2nd Amendment as a way to attract voters.  Show us how you keep those guns away from the mentally ill.  Display your impressive gun case with the LOCK on it to avoid another mass killing at a high school.  Display how you checked to be sure Jake is mentally stable before you showed him where he can get a stash of weapons of mass destruction.

What Kemp displayed is not respect sir, that is called fear.  Intimidating your way into office is not a tried and true campaign style.  Show voters that you are willing to LISTEN to the youth rather than scaring them into submission.

I own guns and I strongly agree with our right as American’s to protect ourselves.  Looking at that commercial, Kemp is the kind of guy I am trying to protect myself from.  People who use firearms to intimidate others because they are too weak to handle a sixteen year-old, bird chested, acne faced teen – man to man – is not Governor material.

I expect more from a Secretary of State and candidate for Governor.  At the lowest level, I expect all candidates for Governor to understand the laws of simple assault, aggravated assault, and possession of a firearm during the commission of a felony before he runs for office.

60
Leave a Reply

Please Login to comment
23 Comment threads
37 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
21 Comment authors
augusta52US CitizenDave BearsedownthemiddleGregs Recent comment authors
  Subscribe  
newest oldest most voted
Notify of
chamblee54
chamblee54

The onion now does political consulting.
“Thank goodness Kemp’s daughters are not dating black boys …” That we know of.

edatlanta
edatlanta

Just out of curiosity–who has jurisdiction over this? Would it be GBI since it is broadcast (presumably) throughout the entire state? If the Jacksonville/Chattanooga stations have it as well would that make it a federal offense?

bigcatjs
bigcatjs

Perhaps – and I am just spit balling here – this was a fictional portrayal. You know, like the hundreds of movies shot in Georgia each year that also use guns. Are we going to dissect each one for possible weapons violations under Georgia law, or do we only do that for political candidates we disagree with?

But I’d also like to point out your stunning lack of knowledge of firearms in your hypothetical self defense hearing. Mr. Kemp did not “cock the gun” he merely closed the break.

Benevolus
Benevolus

definition:
cock (a gun)- to make a gun ready to fire.

rickday
rickday

Total false equivalency. One is scripted and well planned to oander through eliciting maximum emotion, handled by non professionals.

The other is a professional union crew shooting movie scenes in a closed set out of sight of the public with props designed to never shoot a projectile.

Comparing the two is like comparing The GOP with real leaders.

Will Durant
Will Durant

1. Kemp is not the sharpest tool in the shed. 2. You never ever point a gun at anything you are not going to actually fire upon. 3. All guns are to be treated as if they are loaded and off safety especially with the breech closed. 4. The display of AR types in front of a school age kid given the recent climate is just wrong. 5. This display of Kemp’s “wit” as a candidate for Governor of Georgia is a disgrace that will live long after this campaign as a joke to other regions of the country. 6.… Read more »

Dave Bearse
Dave Bearse

“You never ever point a gun at anything you are not going to actually fire upon.”

Tex McIver ought to have known that.

Benevolus
Benevolus

I hope Kemp wins the primary.

alpha male
alpha male

So in other words, you want Kemp to be our next governor.

The original post is an abject embarrassment.

Noway2016
Noway2016

The fact that you felt the need to even write this column shows you are just plain needing something constructive to do. Let’s see, its a joke. Libs don’t have sense of humor. Obviously. Then there is the “intent” aspect. Worked for The Hag. Works for Kemp. He didn’t intend to yhreaten the boy. Case is closed. And look, the gun is actually pointed to the left of the boy!! You people are hopeless!

Raleigh
Raleigh

I guess the filming industry will need to find a new home other than Georgia since it seams no movie can be made without pointing a gun or a facsimile of a gum at somebody..

MikeSilver
MikeSilver

As gun-guy, I cringed when I saw that ad. The ad reinforced the lying media’s portrayal of gun owners and intentionally misleads viewers about the purpose and importance of the 2nd Amendment.

The 2nd Amendment has nothing to do with threatening someone to treat their daughters nicely. Zero. Zip. Squat. Short of a crime of violence (rape, assault, etc.), guns have no place in a discussion.

MattMD_actual
MattMD_actual

Let’s just be honest here. If this guy is meeting her dad, I will bet 9/10 times, dude has more than taken just an interest.

I don’t know what decade Kemp is living in.

rickday
rickday

Have y’all noticed the entire GOP leadership acts more like lap dogs than lead dogs?

Just sayin…

Noway2016
Noway2016

Your intellect and responses are truly dizzying…We miss you.

Benevolus
Benevolus

Cagle already has the NRA endorsement locked up so these other guys maybe should try a different angle.

Gregs
Gregs

I always thought Kemp was dumb but when I saw this commercial I changed my opinion. Kemp is badly in need of professional help. Who exactly does he think would be enticed to vote for him based upon his holding a teenage boy hostage at gun point and forcing him to recite his platform?

downthemiddle
downthemiddle

Speaking of unhinged and radical commercials…and this is clearly NOT! , I am offended at the buffoon. ” Tax Hike” Mike Dukakas driving around in that tank trying to be a bad ass a few years back scaring everyone. A tank mind you, not just an itty bitty shotgun! Of course he looked like a fool and lost 49 states! Now don’t forget Joe Biden says EVERYONE should own a shotgun right? How appalling. With all of the gun violence the only candidate the libs had that was not a confirmed felon or a radical socialist was advocating arming EVERYONE!… Read more »

Andrew C. Pope
Andrew C. Pope

Mike Dukakas driving around in that tank That was a pro-George Bush ad. the only candidate the libs had that was not a confirmed felon or a radical socialist What is a “confirmed felon” and who committed what felony? I know Jim Webb bragged about killing people, is that who you’re referring to? Also, Biden wasn’t a candidate. Oh and never forget the nuclear bomb add Lyndon Johnson had against Goldwater First, it’s “ad,” short for “advertisement.” Second, the ad was a criticism of Goldwater’s foreign policy positions. The message was completely different than “shootin’ kids to own the Libs.”… Read more »

MattMD_actual
MattMD_actual

“Snowflake” is tossed around here like “RINO” was on the old PP.

The funny thing is, most of the people who use it are the same dolts who get so worked up over any mild slight (Delta, YETI, comediennes). I was in my truck a lot of the day and all the talkers I heard were just aghast over the correspondent’s dinner.

downthemiddle
downthemiddle

Okay, I don’t disagree with the jobs numbers. Can you name any policy that Obama passed that helped those numbers? I can easily argue that every tax and every regulation harmed jobs. Obamacare ruined full time employment. So those job numbers were decent DESPITE the horrific efforts from Obama’s Washington. I would welcome listing ANY policy that helped create a job! I have offered friends free dinners, green fees and liquor if they could and have not had to pay off yet. The only things I got were Cash for Clunkers and the bailout of the car companies which bankruptcy… Read more »

Andrew C. Pope
Andrew C. Pope

So I take it you and the “friends” you made up for the purposes of this post have never heard of the American Reinvestment and Recovery Act? In January 2009, the month Obama was inaugurated, the US economy lost 791,000. Obama finished his presidency on a streak of 75 consecutive months of job growth. If all you know about is “Cash for Clunkers” and the bailouts of GM and Chrysler, then you need to do a better job of educating yourself. As your last post showed, you’re highly uninformed about the issues. Since I’ve played your game, I’ll invite you… Read more »

Raleigh
Raleigh

OK, saw the ad last night and Kemp did NOT point the shotgun at the other person in the ad. So, what is all the fabricated outrage about other than people who don’t like Kemp broadcasting their artificial indignation. If nothing else some people may switch votes to Kemp because of this pathetic hit job. Hell, I may even vote for him myself. God I’ll be so glad when election season is over.

Benevolus
Benevolus

OK, look at the picture at the top of this screen. Maybe he doesn’t have the kid centered, but it is definitely meant to convey an imminent threat. These guys are running to be leaders. This isn’t some stupid YouTube “here hold my beer” thing. As aspiring leaders we expect them to act like good examples of judgement and competence. This ad does not do that. And some things you just don’t joke about like this, especially when you are trying to convince people that your are responsible and thoughtful. Sometimes the weakness of the flesh for weapons overcomes the… Read more »

Andrew C. Pope
Andrew C. Pope

Is the ad stupid? Of course it is. What else would you expect from Brian Kemp? Is the ad sad? You better believe it. Brian Kemp is an uninspiring little man with little to no discernible skills trying as hard as he can to compensate for those shortcomings by running for offices with fancy titles and commissioning giant portraits of himself by Steve Penley. This ad reeks of desperation brought on by weak poll numbers and the realization that his “legacy” in the State of Georgia will be utterly forgettable outside of the time he mistakenly gave away the private… Read more »

Gregs
Gregs

To paraphrase Alabama Senator Richard Shelby: Georgia, is this the best we can do?

Raleigh
Raleigh

This isn’t menacing or threatening Its FICTION! Reminds me of Ernest goes to Washington. In fact, these ads are fiction what can you say in 60 seconds that would convey how well you will lead the state? The only purpose of these ads is to create a buzz out there so people talk about it. In that case Kemps ad did just that. Is it sad? Hell all political ads are sad and stupid. Is this the best we can do? That why I want “None of the Above” on the ballot. The only problem is none would win most… Read more »

Benevolus
Benevolus

Yes, it’s an image of an imminent threat. Let me ask you this, would you feel differently if he was pretending to beat the kid up? Like had him by the collar with a balled fist cocked back? Would you think that was funny or appropriate? I think that would make it much more obvious how juvenile and ridiculous this ad is. But the presence of the gun(s) changes the tone. Because guns shift the perspective of the viewer into an already chosen tribe. But the reality is that it is still a stupid way to convey any sort of… Read more »

Raleigh
Raleigh

It’s fiction Benevolus that’s all. You must have problems watching Friday the 13th. If guns “shift the perspective” then petition to ban westerns. No more Clint Eastwood in High Planes Drifter or the Good the Bad and the POLITICALLY ugly! Saul Alinski just doesn’t work here.

Benevolus
Benevolus

Well hopefully we can at least agree that he is trying to make some kind of point. Presumably it wasn’t just a depiction of an ordinary day in the Kemp household.

Andrew C. Pope
Andrew C. Pope

As I’ve clearly explained, the point was:
“I’m shootin’ kids to own the libs”

Gregs
Gregs

Is it too late to change the law and let Nathan Deal run again? Maybe we can find better candidates in four years.

US Citizen
US Citizen

OMG!!
Read the statutes.

There is no crime here in the commercial, plain and simple.
Two actors playing parts.

Bad taste but nothing criminal.

The writer is s real attorney? Oh my!!!!!!

Will Durant
Will Durant

It appears that reading comprehension continues to be a problem with many of our citizens:
“Brian Kemp simulated a crime on television in an effort to convince people to vote for him.”

Andrew C. Pope
Andrew C. Pope

Not to be outdone, Michael Williams has released his own ad. I’ve got the transcript: Scene: the living room of Michael Williams, walls are adorned with childish-looking illustrations of stick figures holding guns. WILLIAMS: I’m Michael Williams and I’m running for governor. *pulls out AR-15 and strokes it lovingly* With me today is Miguel, a Mexican who decided to illegally cross the border and walk through my neighborhood. MIGUEL: Uh, my name is Bobby, I’m from Dunwoody, and my family has lived right down the street from you for, like, 3 years now. WILLIAMS: Sorry Miguel, no hablo ess-pan-yole. *pulls… Read more »

MattMD_actual
MattMD_actual

Why does Noway/head Dumbass get away with fake accounts?

Noway2016
Noway2016

Why so grumpy, Doc, index finger macerated again? LOL! Didn’t they make you start wearing gloves? Anyway, if you’re talking about that Downthemiddle guy, he ain’t me but after studying his posts, I consider his smarts almost as formidable as mine!

Benevolus
Benevolus

I agree!

Andrew C. Pope
Andrew C. Pope

Downthemiddle’s posts are too long to arise out of Noway’s goldfish-like attention span.

Andrew C. Pope
Andrew C. Pope

Last point I’ll make on this, anyone who just has 13 guns lying around out in the open isn’t sending the message about their manhood that they think they’re sending.

Noway2016
Noway2016

Thank God for 24 hour Waffles Houses! Anyway, Kemp needs to unfurl his own “Mission Accomplished ” banner. He has just guaranteed his place in a run-off. The knee jerk reaction from the Weenies has made this thing go national!! Hysterical!!!
Bring back high school shooting teams and lower the age for all gun purchases to 18!
MGaGA!!!

augusta52
augusta52

The ad might remind older voters of the opening line in the “Ballad of Bo and Luke Duke” (from the 1980s sitcom “Dukes of Hazzard”). Playing to some banjo music, it starts “Just two good ol’ boys, never meanin’ no harm….” (no “g” on the end of “meaning” think like “gonna” instead of “going to”) But, more seriously, probably “aimed” (no pun intended) more at the outside metro Atlanta voter. Recall in 2010, Handel carried metro Atlanta in the runoff against Deal, but it wasn’t enough to offset his advantage in the rest of the state. Deal got about 156,000… Read more »

Will Durant
Will Durant

And there is also a contingent of us older voters who have resented being lumped in with the Goobers, Jethros, and Boss Hoggs of Hollywood characterizations. I had to fight these ignorant stereotypes my entire career, even in Germany. I must admit though that Brian Kemp does match them to a T.

Look at the map in Ed’s The Vast Majority of Georgia’s Counties Are Economically “Distressed” or “At Risk” and tell me why rural Georgia would want to keep the status quo of politicians like Brian Kemp.

downthemiddle
downthemiddle

Different topic here but a stunner if you ask me. Did you see Hillary say she lost because she is a capitalist and so many democrats are socialists? I have said for at least the last 10 years that the democratic party is nothing more than the socialist party but folks would all disagree or recoil from that. Now even the candidates acknowledge this. Good Lord why would anyone throw out the most successful, powerful economic model ever created and substitute it for a miserable, failed system?. What the hell happened to education and common sense in this country? When… Read more »

Andrew C. Pope
Andrew C. Pope

It’s not a “stunner.” It’s not in any way relevant to anything happening in the world… believe it or not, Hillary Clinton isn’t the President and isn’t running for an elected office of any kind. More importantly, it’s not remotely germane to the subject of this post.

You could have easily posted this in the Morning Reads. It’s the same number of clicks. That you don’t even know how to use the Internet is highly concerning to me.

Noway2016
Noway2016

Of course it’s relevant ’cause Hilly is desperate to keep her mug in the news! LMAO! And is it now Snivler the Skool Marm?!?!? LOL! Don’t address anything Down might have said, which is 100% correct, by the way! Could it be that Down is relatively new here and might not know the rules relating to new ideas and where to post them? Good grief! I’ll bet you were that kid in elementary school that used to love to “take names” when the teacher left the room!!

Benevolus
Benevolus

So criticizing Kanye for something he said is sick, sad, and scary, but criticizing Hillary Clinton for something she said is apparently A-OK.
If your screen name is intended to convince people of your political perspective, you’re not fooling anybody. Well, maybe one or two here.

Andrew C. Pope
Andrew C. Pope

At least he (she?) isn’t shamelessly plugging for a child molester. So I guess that’s an improvement.