FROM CBS NEWS.
Washington — A California man who was allegedly armed with a gun, knife and various tools when he was arrested in the early morning near Justice Brett Kavanaugh's house in Maryland has been charged with attempted murder, federal officials said in court papers filed Wednesday.
The man was detained around 1:50 a.m. after making threats against Kavanaugh, according to an FBI affidavit filed in federal court in Maryland. The suspect was transported to Montgomery County Police 2nd District in Bethesda, Maryland, Supreme Court spokeswoman Patricia McCabe said.
The affidavit identified the man as Nicholas John Roske, a 26-year-old from Simi Valley, California. He is charged with attempted murder of a Supreme Court justice. If convicted, Roske faces a maximum sentence of 20 years in federal prison.
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What is most interesting about this case, was found in the FBI report given to support a charge of ATTEMPTED MURDER:
- THE MAN, 26-year-old Nicholas Roske of Simi Valley CA, was first spotted by 2 DEPUTY U.S. MARSHALS getting out of a cab in front of JUSTICE KAVANAUGHS residence. (1:05am)
- The suspect was dressed in Black Clothes, and was carrying a Backpack.
- Seeing the Marshals, the suspect walked away.
- About a half-hour later, and a block away, the suspect called 911 and relayed the following information:
THAT HE HAD COME FROM CA. TO KILL A SUPREME COURT JUSTICE, APPARENTLY UPSET BY THE ROE VS WADE LEAK, AND KAVANAUGHS VIEWS ON GUN CONTROL LAWS.
He was arrested at 1:56am by local police. Inside the BACKPACK was: A glock 17 pistol, two magazines, pepper spray, zip ties, a hammer, screwdriver, nail punch, crowbar, pistol light, and duct tape were in the backpack, according to the affidavit.
A few oddities that don't usually occur in these types of lethal situations.
#1- He took a Taxi to the potential crime scene.
#2- Both The ROE VS WADE leak, and the ULVALDE MASSACRE, were his motivations.
#3- He is spotted outside the home and walks away. He then calls 911 to turn himself in for a crime no one knows he has committed.
#4- The amount of material found in the Backpack seemed to be excessive, well beyond the norm for an assassination attempt, AND HE WAS CARRYING A SUITCASE.
In addition, this happens right before coverage of the Jan, 6 assault on the Capitol Hearings.
A coincidence...? You mean like the ROE VS. WADE leak occurring just before Mothers Day Weekend?
hmm....
THE DEFENDANT HAS BEEN INDICTED FOR "ATTEMPTED MURDER," WHICH MEANS VERY LITTLE. I AM WONDERING ABOUT THE EXACT DEFINITION OF "ATTEMPTED" THEY ARE USING.
FOR INSTANCE, IF I ENTER A BANK, WITH A HIDDEN FIREARM, WITH THE INTENT OF ROBBERY, BUT AM SCARED OFF BECAUSE I SEE AN ARMED SECURITY GUARD, AM I GUILTY OF "ATTEMPTED BANK ROBBERY?" IF NO ONE SEES THE FIREARM, OR HEARS A DEMAND FOR MONEY, AND THERE HAS BEEN NO ATTEMPT TO ENGAGE IN THE ACTUAL BEHAVIOR THAT WOULD INITIATE AN "ATTEMPTED" ROBBERY, HOW COULD I BE HELD CRIMINALLY LIABLE?
THINK OF THE DIFFERENCE BETWEEN AN "ASSAULT" AND A "BATTERY."
BLACKS LAW DEFINES ASSAULT AS- An unlawful attempt or offer. on the part of one man, with force or violence, to inflict a bodily hurt upon another. An attempt or offer to beat another, without touching him;
BATTERY- Any unlawful beating, or other wrongful physical violence or constraint, inflicted on a human being without his consent.
AS YOU CAN SEE, AN ASSAULT IS THE "ATTEMPT" TO COMMIT FORCE OR VIOLENCE ON ANOTHER, AND "BATTERY" IS THE ACTUAL PHYSICAL CONTACT.
IN THE KAVANAUGH CASE, THERE WAS NO "ACTION" BY THE DEFENDANT TO INITIATE THE CRIME OF MURDER. IF THE GUN HAD BEEN POINTED AT ANOTHER OR USED IN A WAY TO MAKE ANOTHER REASONABLY FEAR FOR THEIR SAFETY, WHETHER OR NOT SHOTS WERE FIRED, YOU MAY HAVE A CASE FOR "ATTEMPTED MURDER."
"PLANNING", "CONSPIRING", OR "SOLICITING" FOR MURDER ARE NOT THE SAME AS
"ATTEMPTED MURDER," BUT IT WOULD SEEM THAT THESE 3 ACTIONS COULD FIT THE
ACTUAL DETAILS OF THE ALLEGED CRIME MUCH BETTER THAN THE CHARGE IN THE
INDICTMENT.
