It seems that the Massillon prosecutor’s office failed to watch the same video I watched.
The city law department asked the Massillon prosecutor’s office to determine whether Harless’ actions warranted criminal charges. John Simpson, chief prosecutor for the city of Massillon, said that he reviewed state law for menacing, aggravated menacing and assault, but there was insufficient evidence to support any charges. -Canton Repository
How could what Harless said, captured on video, not be taken as menacing and aggravated menacing under the law.
2903.21 Aggravated menacing.
(A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family.
(B) Whoever violates this section is guilty of aggravated menacing. <snip>
Effective Date: 04-10-2001
2903.22 Menacing.
(A) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family.
(B) Whoever violates this section is guilty of menacing. <snip>
Effective Date: 04-10-2001
Assault, under the Ohio Revised Code, does not apply, apparently.
Not being a lawyer, I would expect that the victim would not have the option of whether or not to file charges. Unless of course a cop who witnesses a misdemeanor in progress is not obligated to intervene.
Separately, must the union retain a member, or can they kick him out for whatever reason they deem appropriate? Does a union have to accept you as a member? I'm fuzzy on why the union would retain Harless as a member given what the video showed. Harless and his behavior certainly taints the union and the rank & file. Even more so based on the comments on this particular thread.