When people think about pies, they usually imagine a delicious dessert. However, after a road rage incident in Boulder, a pie can apparently be considered a weapon. According to the news story, a man driving a Toyota cut off a Nissan driver. This apparently upset the Nissan driver and he followed the Toyota driver to his home and into his parking lot. Both men got out of their cars, and the Nissan driver threw a pecan pie at the Toyota, hitting the rear window and trunk. It was reported the Nissan driver then got back in his car and accelerated toward the Toyota driver. The Toyota driver ran to his house unharmed and called the police. The Nissan driver was arrested and charged with Menacing. Interestingly the news report claimed, “he does face charges related to felony menacing for the tossing of the dessert.”
Pie Throwing – What is Menacing in Larimer County?
Menacing – C.R.S. 18-3-206 – is defined by Colorado law as:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
Now, in looking at the law, it is not possible he was charged with felony menacing for throwing the pie. There is no way that pie could be considered a deadly weapon in Larimer, Boulder, or Grand County. In fact, the ‘victim’ knew very well it was just a pie because he picked some of it off his car and threw it back at the Nissan driver. Could he have been charged with misdemeanor menacing for throwing the pie? Maybe, but it would be a stretch to claim you felt your life was in danger when a man threw a pie at you.
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More likely, the man was charged with felony menacing for accelerating his car and acting like he was trying to run the ‘victim’ over. This scenario would fit the definition much more appropriately. The possibility of being run over by a car could definitely make a person fear for their life and an automobile can be used as a weapon to cause serious bodily injury. It is important to notice that no injury has to occur to be charged with misdemeanor or felony Menacing in Fort Collins, Loveland, or Estes Park. A victim’s fear of serious injury is enough.