Feds: Man denied liquor license planned Super Bowl gunfire... (1 Viewer)

[SuperJohn96]

Yikes.

Feds: Man denied liquor license planned Super Bowl gunfire, changed mind in parking lot

PHOENIX (AP)—A would-be bar owner angry at being denied a liquor license threatened to shoot people at the Super Bowl and drove to within sight of the stadium with a rifle and 200 rounds of ammunition before changing his mind, federal authorities said.

Kurt William Havelock, who ultimately turned himself in, had vowed to “shed the blood of the innocent” in a manifesto mailed Sunday to media outlets, according to court documents. “No one destroys my dream,” he wrote.

The documents say he was armed with an AR-15 assault-style rifle Sunday when he reached a parking lot near University of Phoenix Stadium in Glendale, where pre-game activities were happening.

“He waited about a minute and decided he couldn’t do this,” FBI agent Philip Thorlin testified at a detention hearing for Havelock on Tuesday.

Havelock’s father testified that his son then called his fiancee and met his parents at his condominium in Tempe, like Glendale a Phoenix suburb.

“He was very upset; he was sobbing hysterically,” Frank Havelock said. “He said, ‘I’ve done something terribly, terribly wrong.”’

Kurt Havelock, 35, was charged Monday with mailing threatening communications. He is being held without bail, and additional hearings have yet to be scheduled.

Havelock’s lawyer, Jeffrey Allen Williams, did not immediately return a call seeking comment.

Federal authorities say Havelock was upset over being denied a liquor license.

A few months ago, Tempe officials denied Havelock’s application for a liquor license for a Halloween-themed bar called The Haunted Castle, city spokeswoman Shelley Hearn said.

Tempe officials never recommended the license to the state liquor board, Hearn said.

“There were some neighbors who came forward and said it wasn’t the right business for their part of Tempe,” she said. “They’d heard he wanted to call his place ‘Drunkenstein’s.”’

The FBI said in the complaint that Havelock had planned to attack Super Bowl fans at the stadium in what he called an “econopolitical confrontation.”

“I will not be bullied by the financial institutions and their puppet politicians,” Havelock wrote in the eight-page manifesto, according to the complaint.

“I will test the theory that bullets speak louder than words. Perhaps the blood of the inculpable will cause a paradigm shift. … Someone has to start the revolution but no one wants to be first.”

Authorities said in the complaint that Havelock first thought of targeting a shopping center in north Phoenix before planning to attack the Super Bowl.

“How many dollars will you lose? And all because you took my right to own a business from me,” the manifesto said.

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[Routilla]

 

[wadegarrett]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

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The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

 

[Chachi]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

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The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

His name being public is more harmful than the actual charge. I agree, WEAK.

 

[redman]

This is borderline SP material at best.

I'm glad the guy's conscience kicked in. There aren't many people who get to that point, with all of the commitment associated with that preparation including mailing letters (that you can't retrive) to media outlets, who then decide to turn back. He needs to be punished as what he did does legally amount to an "attempt" under criminal law, but I'm hoping that the bulk of his sentence is probation with psychiatric treatment and monitoring. He sounds (unless there are some important details from his background that we don't know) like an otherwise decent guy who did some very stupid stuff in a fit of rage and frustration, and who on his own regretted them, halted what he was doing, and turned himself into authorities.

 

[azgroover]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

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The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

 

[redman]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

link

The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

Like I said above, what he did constitutes an "attempt" under criminal law. If this were a bank robbery, he could be charged with attempted bank robbery of the facts were otherwise the same. I don't know the AZ statutory scheme, but I'd expect there to be an "attempt" charge that could be levelled along the lines of murder/mayhem/terrorist act, not to mention a myriad of state and federal gun laws that he likely broke.

 

[brettdj]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

link

The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

Like I said above, what he did constitutes an "attempt" under criminal law. If this were a bank robbery, he could be charged with attempted bank robbery of the facts were otherwise the same. I don't know the AZ statutory scheme, but I'd expect there to be an "attempt" charge that could be levelled along the lines of murder/mayhem/terrorist act, not to mention a myriad of state and federal gun laws that he likely broke.

Really attempted bank robbery without ever stepping foot into the bank.

 

[redman]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

link

The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

Like I said above, what he did constitutes an "attempt" under criminal law. If this were a bank robbery, he could be charged with attempted bank robbery of the facts were otherwise the same. I don't know the AZ statutory scheme, but I'd expect there to be an "attempt" charge that could be levelled along the lines of murder/mayhem/terrorist act, not to mention a myriad of state and federal gun laws that he likely broke.

Really attempted bank robbery without ever stepping foot into the bank.

Yes.

 

[brettdj]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

link

The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

Like I said above, what he did constitutes an "attempt" under criminal law. If this were a bank robbery, he could be charged with attempted bank robbery of the facts were otherwise the same. I don't know the AZ statutory scheme, but I'd expect there to be an "attempt" charge that could be levelled along the lines of murder/mayhem/terrorist act, not to mention a myriad of state and federal gun laws that he likely broke.

Really attempted bank robbery without ever stepping foot into the bank.

Yes.

So a letter gets sent to a bank. that person drives to a block or 2 away from the bank and then turns around. That is a bank robbery attempt?

 

[redman]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

link

The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

Like I said above, what he did constitutes an "attempt" under criminal law. If this were a bank robbery, he could be charged with attempted bank robbery of the facts were otherwise the same. I don't know the AZ statutory scheme, but I'd expect there to be an "attempt" charge that could be levelled along the lines of murder/mayhem/terrorist act, not to mention a myriad of state and federal gun laws that he likely broke.

Really attempted bank robbery without ever stepping foot into the bank.

Yes.

So a letter gets sent to a bank. that person drives to a block or 2 away from the bank and then turns around. That is a bank robbery attempt?

Yes. All it takes is intent plus some action directed towards that goal. In this situation, the guy did everything but commit the ultimate act. I would think that the better question is, why wouldn't it be attempt?

 

[brettdj]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

link

The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

Like I said above, what he did constitutes an "attempt" under criminal law. If this were a bank robbery, he could be charged with attempted bank robbery of the facts were otherwise the same. I don't know the AZ statutory scheme, but I'd expect there to be an "attempt" charge that could be levelled along the lines of murder/mayhem/terrorist act, not to mention a myriad of state and federal gun laws that he likely broke.

Really attempted bank robbery without ever stepping foot into the bank.

Yes.

So a letter gets sent to a bank. that person drives to a block or 2 away from the bank and then turns around. That is a bank robbery attempt?

Yes. All it takes is intent plus some action directed towards that goal. In this situation, the guy did everything but commit the ultimate act. I would think that the better question is, why wouldn't it be attempt?

Because the snapper made a good snap, the holder did not catch it, and the kick was never attempted.

 

[redman]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

link

The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

Like I said above, what he did constitutes an "attempt" under criminal law. If this were a bank robbery, he could be charged with attempted bank robbery of the facts were otherwise the same. I don't know the AZ statutory scheme, but I'd expect there to be an "attempt" charge that could be levelled along the lines of murder/mayhem/terrorist act, not to mention a myriad of state and federal gun laws that he likely broke.

Really attempted bank robbery without ever stepping foot into the bank.

Yes.

So a letter gets sent to a bank. that person drives to a block or 2 away from the bank and then turns around. That is a bank robbery attempt?

Yes. All it takes is intent plus some action directed towards that goal. In this situation, the guy did everything but commit the ultimate act. I would think that the better question is, why wouldn't it be attempt?

Because the snapper made a good snap, the holder did not catch it, and the kick was never attempted.

I missed where the government had adopted football statistical rules in the criminal code. My bad.

 

[bostonfred]

“There were some neighbors who came forward and said it wasn’t the right business for their part of Tempe,” she said. “They’d heard he wanted to call his place ‘Drunkenstein’s.”’

lol

 

[Chase Stuart]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

link

The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

Like I said above, what he did constitutes an "attempt" under criminal law. If this were a bank robbery, he could be charged with attempted bank robbery of the facts were otherwise the same. I don't know the AZ statutory scheme, but I'd expect there to be an "attempt" charge that could be levelled along the lines of murder/mayhem/terrorist act, not to mention a myriad of state and federal gun laws that he likely broke.

Really attempted bank robbery without ever stepping foot into the bank.

Yes.

So a letter gets sent to a bank. that person drives to a block or 2 away from the bank and then turns around. That is a bank robbery attempt?

Yes. All it takes is intent plus some action directed towards that goal. In this situation, the guy did everything but commit the ultimate act. I would think that the better question is, why wouldn't it be attempt?

He wouldn't be guilty of an attempt under the model penal code. Renunciation is an affirmative defense.

When the actor's conduct would otherwise constitute an attempt under Subsection (1)(b) or (1)© of this Section, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

He renunciated his criminal purpose, and thus didn't attempt a crime. Since it was complete and voluntary, he's off the hook for attempted murder. (They could still charge him with attempted murder, of course; but they wouldn't win. I don't know the criminal law statutes of Arizona, but I'd suspect they have something similar to a renunciation statute there.)

 

[redman]

He wouldn't be guilty of an attempt under the model penal code. Renunciation is an affirmative defense.

When the actor's conduct would otherwise constitute an attempt under Subsection (1)(b) or (1)© of this Section, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

He renunciated his criminal purpose, and thus didn't attempt a crime. Since it was complete and voluntary, he's off the hook for attempted murder. (They could still charge him with attempted murder, of course; but they wouldn't win. I don't know the criminal law statutes of Arizona, but I'd suspect they have something similar to a renunciation statute there.)

Going back over a decade here on my criminal procedure classes from law school, but there's a point after which renunciation is no longer accepted. There's not a good bright line, but actually being at the intended scene of the crime is a tad far for that.

 

[Maurile Tremblay]

He needs to be punished as what he did does legally amount to an "attempt" under criminal law

It's been a while since law school, but I don't believe that's correct.Edit: Chase got there first.

 

[tombonneau]

It would seem the most important part of this article has been overlooked:

“There were some neighbors who came forward and said it wasn’t the right business for their part of Tempe,” she said. “They’d heard he wanted to call his place ‘Drunkenstein’s.”’

 

[mbuehner]

Once again proving- alcohol: the cause of, and solution to, all of life's problems.

 

[Ditkaless Wonders]

Renunciation. I kept thinking repudiation.

Long time but if I recall the renunciation has to come from a change of heart, not a change of facts, such as unexpectedly running into increased security.

 

[GregR_2]

I think I'm just going to say thank God he came to his senses in time. When I start contemplating what would have resulted... just... thank God.

 

[Liquid Tension]

Kurt Havelock, 35, was charged Monday with mailing threatening communications.

link

The guy is 30 seconds away from committing possible mass murder and this is the best charge they could come up with?

But he didn't. What other charges should be applied?

Like I said above, what he did constitutes an "attempt" under criminal law. If this were a bank robbery, he could be charged with attempted bank robbery of the facts were otherwise the same. I don't know the AZ statutory scheme, but I'd expect there to be an "attempt" charge that could be levelled along the lines of murder/mayhem/terrorist act, not to mention a myriad of state and federal gun laws that he likely broke.

He didn't do anything wrong other than the letters...He was guilty of thinking and planning to do something wrong but stopped himself. I would imagine that if someone else stopped him then it would be different?

 

[DoubleG]

I think I'm just going to say thank God he came to his senses in time. When I start contemplating what would have resulted... just... thank God.

He was just going to take it one bullet at a time...Oops - wrong thread.

 

[AnonymousBob]

This is why the Feds should never again turn down someone for a liquor license.

 

[Chaz McNulty]

How about conspiracy to commit murder. Or do you need to have two people involved with that charge.

 

[DoubleG]

How about conspiracy to commit murder. Or do you need to have two people involved with that charge.

1 a: to join in a secret agreement to do an unlawful or wrongful act or an act which becomes unlawful as a result of the secret agreement I would think an agreement would have to involve at least one other person. As an example, BB can't conspire to cheat - the Patriots orginization can. Glad to help.