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Posted: 8/28/2015 7:15:16 AM EDT
[Last Edit: 8/28/2015 7:17:13 AM EDT by Extorris]
Link


The cop who busted a Brooklyn electrician for carrying an illegal knife may have been speaking with a forked tongue.

Bernard Perez has a $57,500 settlement from the city to support his argument that he was carrying a utility knife to strip insulation off wiring — not an illegal gravity knife as Officer Justin Delmonico had claimed.

Perez, 48, spent two days in jail and then three follow-up trips to court culminating in a fateful meeting in an assistant district attorney’s office, where Delmonico was asked repeatedly to demonstrate how the knife blade flicked open — and couldn’t.
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But the prosecutor’s concession was not good enough for city lawyer Jenny Weng, who was fighting Perez's lawsuit.

“The city’s lawyer actually claimed with a straight face that the word ‘is’ doesn’t mean ‘is,’ ” Perez’s lawyer Joel Berger told the Daily News.

“She argued that the cop believed it was a gravity knife at the time he seized it, but it was no longer functioning as a gravity knife at the time of the demonstration in the DA’s office four months later,” Berger said.

The city relented, signing off on the $57,500 deal on Aug. 21.
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Link Posted: 8/28/2015 7:18:12 AM EDT
[Last Edit: 8/28/2015 7:19:31 AM EDT by fxntime]
Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.
Link Posted: 8/28/2015 7:18:24 AM EDT
I love happy endings.
Link Posted: 8/28/2015 7:21:09 AM EDT

Discussion ForumsJump to Quoted PostQuote History
Originally Posted By fxntime:


Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.
View Quote
FPNI



 
Link Posted: 8/28/2015 7:21:09 AM EDT
not enough to stop this horse shit
Link Posted: 8/28/2015 7:24:07 AM EDT
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Originally Posted By TheRac25:
not enough to stop this horse shit
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It never will be so long as taxpayers foot the bill.
Link Posted: 8/28/2015 7:32:15 AM EDT
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Originally Posted By TheRac25:
not enough to stop this horse shit
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Neither was the Brooklyn DA telling cops to stop charging it for pocket knives years ago obviously.
Link Posted: 8/28/2015 7:33:21 AM EDT
But does this man still have a criminal record? Is it expunged? Are all his photos and prints removed from "all" data bases? Are all arrest records removed from history?
Link Posted: 8/28/2015 7:34:07 AM EDT
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Originally Posted By fxntime:
Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.
View Quote


This, only then would these fucks stop this gravity knife bullshit. Ny is and has been out of control for some time making up legal fictions to try to entrap citizens that are not breaking the law.
Link Posted: 8/28/2015 7:39:51 AM EDT
[Last Edit: 8/28/2015 7:44:22 AM EDT by Storm_Tracker]
2 days in jail and fines, fees, penalties and a criminal record for carrying the pocket knife I legally carry everyday where I live if I'm in NY? And people wonder why myself and people like me will never step foot in that dumb ass commie state irregardless if that law were to ever be rescinded or not.
 
Link Posted: 8/28/2015 7:41:07 AM EDT
[Last Edit: 8/28/2015 7:41:44 AM EDT by Extorris]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Slug-O:
But does this man still have a criminal record? Is it expunged? Are all his photos and prints removed from "all" data bases? Are all arrest records removed from history?
View Quote

Nope.
Link Posted: 8/28/2015 7:42:21 AM EDT
Holy shit.






Those are those cheap, plastic, $3 knives.  They come in a couple sizes.







I was at One Police Plaza and they wouldn't let me in with one, and I tried to give it to a cop... he wasn't having it, so I had to  throw it in a public waste bin.  NYPD for the win.
Link Posted: 8/28/2015 7:45:27 AM EDT
Why anyone, with the means to escape that zoo, doesn't leave is unbelieveable
Link Posted: 8/28/2015 7:46:24 AM EDT
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Originally Posted By Extorris:

Nope.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Extorris:
Originally Posted By Slug-O:
But does this man still have a criminal record? Is it expunged? Are all his photos and prints removed from "all" data bases? Are all arrest records removed from history?

Nope.



Can you check and see if he made ARFcom's list?
Link Posted: 8/28/2015 7:51:14 AM EDT
Originally Posted By Extorris:
Link


The cop who busted a Brooklyn electrician for carrying an illegal knife may have been speaking with a forked tongue.

Bernard Perez has a $57,500 settlement from the city to support his argument that he was carrying a utility knife to strip insulation off wiring — not an illegal gravity knife as Officer Justin Delmonico had claimed.

Perez, 48, spent two days in jail and then three follow-up trips to court culminating in a fateful meeting in an assistant district attorney’s office, where Delmonico was asked repeatedly to demonstrate how the knife blade flicked open — and couldn’t.
View Quote

But the prosecutor’s concession was not good enough for city lawyer Jenny Weng, who was fighting Perez's lawsuit.

“The city’s lawyer actually claimed with a straight face that the word ‘is’ doesn’t mean ‘is,’ ” Perez’s lawyer Joel Berger told the Daily News.

“She argued that the cop believed it was a gravity knife at the time he seized it, but it was no longer functioning as a gravity knife at the time of the demonstration in the DA’s office four months later,” Berger said.

The city relented, signing off on the $57,500 deal on Aug. 21.
View Quote
View Quote


Good.  Fuck'em.   It ought to come out of that cocksucker's paycheck.
Link Posted: 8/28/2015 7:51:19 AM EDT
Guilty until proven innocent
Link Posted: 8/28/2015 7:52:46 AM EDT
[Last Edit: 8/28/2015 7:59:50 AM EDT by bob1946]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Storm_Tracker:
2 days in jail and fines, fees, penalties and a criminal record for carrying the pocket knife I legally carry everyday where I live if I'm in NY? And people wonder why myself and people like me will never step foot in that dumb ass commie state irregardless if that law were to ever be rescinded or not.  
View Quote


The NY state legislature tried to stop this but in an odd reversal of roles the republicans killed the bill the dems were pushing to clarify that these knives were legal.

ETA: It wasn't that the dems had decided all of a sudden that banning shit is wrong, they just didn't like that poor minorities were the ones often arrested. It also didn't hurt that the NYPD was arresting construction union members for knives so the unions were pissed and used their dem connection to try and get things changed.
Link Posted: 8/28/2015 7:56:19 AM EDT
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Originally Posted By bob1946:


The NY state legislature tried to stop this but in an odd reversal of roles the republicans killed the bill the dems were pushing to clarify that these knives were legal.
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Originally Posted By bob1946:
Originally Posted By Storm_Tracker:
2 days in jail and fines, fees, penalties and a criminal record for carrying the pocket knife I legally carry everyday where I live if I'm in NY? And people wonder why myself and people like me will never step foot in that dumb ass commie state irregardless if that law were to ever be rescinded or not.  


The NY state legislature tried to stop this but in an odd reversal of roles the republicans killed the bill the dems were pushing to clarify that these knives were legal.


Same coin after all.
Link Posted: 8/28/2015 7:56:40 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By fxntime:
Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.
View Quote


Only way you'll put an end to that bullshit, some personal accountability for that level of stupidity.




Never happen.  
Link Posted: 8/28/2015 8:01:40 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Gator:


Only way you'll put an end to that bullshit, some personal accountability for that level of stupidity.




Never happen.  
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Originally Posted By Gator:
Originally Posted By fxntime:
Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.


Only way you'll put an end to that bullshit, some personal accountability for that level of stupidity.




Never happen.  

If cops are personally responsible for paying for illegal arrests then nobody will be a cop.
Link Posted: 8/28/2015 8:09:26 AM EDT
[Last Edit: 8/28/2015 8:14:26 AM EDT by fxntime]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SmilingBandit:

If cops are personally responsible for paying for illegal arrests then nobody will be a cop.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SmilingBandit:
Originally Posted By Gator:
Originally Posted By fxntime:
Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.


Only way you'll put an end to that bullshit, some personal accountability for that level of stupidity.




Never happen.  

If cops are personally responsible for paying for illegal arrests then nobody will be a cop.


If I egregiously screw up at work, I can be held personally liable, especially if I am not following company procedures and standards and just ''wing it'' with whatever regs or laws I feel like pulling out of my ass.

Don't see why, in many cases where the cop is just doubling down on stupid, [especially in instances when they can actually check the laws before citing] they SHOULDN"T be held personally liable, we're not talking a dynamic fluid stop where the person is attempting to fight or resist.

If you don't know the law you're busting someone for, and you refuse to check, well, that should cost you some coin out of your own pocket.
Link Posted: 8/28/2015 8:09:42 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SmilingBandit:

If cops are personally responsible for paying for illegal arrests then nobody will be a cop.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SmilingBandit:
Originally Posted By Gator:
Originally Posted By fxntime:
Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.

Only way you'll put an end to that bullshit, some personal accountability for that level of stupidity.
Never happen.  

If cops are personally responsible for paying for illegal arrests then nobody will be a cop.

Better to take the paycheck and pension and just not make any arrests to be safe.
Link Posted: 8/28/2015 8:10:55 AM EDT

I hate that "gravity knife" bullshit.

Stresses me out when I'm carrying my folder in NYC.
Link Posted: 8/28/2015 8:11:57 AM EDT
2 days in the pokey for a knife. Fuuuck.

I've been guilty of more and gotten less  

Link Posted: 8/28/2015 8:29:07 AM EDT


NYC - where gravity is illegal.
Link Posted: 8/28/2015 8:36:08 AM EDT
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Originally Posted By Extorris:

Better to take the paycheck and pension and just not make any arrests to be safe.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Extorris:
Originally Posted By SmilingBandit:
Originally Posted By Gator:
Originally Posted By fxntime:
Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.

Only way you'll put an end to that bullshit, some personal accountability for that level of stupidity.
Never happen.  

If cops are personally responsible for paying for illegal arrests then nobody will be a cop.

Better to take the paycheck and pension and just not make any arrests to be safe.


Cops didn't seem to have any problem arresting people before 1983 when they got qualified immunity. It could be argued they became more risk averse after getting QI.
Link Posted: 8/28/2015 8:37:19 AM EDT
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Originally Posted By SouthHoof:
NYC - where gravity is illegal.
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Originally Posted By SouthHoof:
NYC - where gravity is illegal.



Originally Posted By runcible:
If they take it out of your pocket, drop it, and it falls to the ground... it's a gravity knife.

If it floats... they lock you up for being a witch.

Link Posted: 8/28/2015 8:40:26 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By fxntime:


If I egregiously screw up at work, I can be held personally liable, especially if I am not following company procedures and standards and just ''wing it'' with whatever regs or laws I feel like pulling out of my ass.

Don't see why, in many cases where the cop is just doubling down on stupid, [especially in instances when they can actually check the laws before citing] they SHOULDN"T be held personally liable, we're not talking a dynamic fluid stop where the person is attempting to fight or resist.

If you don't know the law you're busting someone for, and you refuse to check, well, that should cost you some coin out of your own pocket.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By fxntime:
Originally Posted By SmilingBandit:
Originally Posted By Gator:
Originally Posted By fxntime:
Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.


Only way you'll put an end to that bullshit, some personal accountability for that level of stupidity.




Never happen.  

If cops are personally responsible for paying for illegal arrests then nobody will be a cop.


If I egregiously screw up at work, I can be held personally liable, especially if I am not following company procedures and standards and just ''wing it'' with whatever regs or laws I feel like pulling out of my ass.

Don't see why, in many cases where the cop is just doubling down on stupid, [especially in instances when they can actually check the laws before citing] they SHOULDN"T be held personally liable, we're not talking a dynamic fluid stop where the person is attempting to fight or resist.

If you don't know the law you're busting someone for, and you refuse to check, well, that should cost you some coin out of your own pocket.


Cops can, and do, lose qualified immunity all the time. In fact, in most civil cases both the department and individual officers will be named. One of the first hearings is usually an attempt by the defendant officers to establish qualified immunity.

Link Posted: 8/28/2015 8:44:44 AM EDT
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Originally Posted By Baker556:
Cops can, and do, lose qualified immunity all the time. In fact, in most civil cases both the department and individual officers will be named. One of the first hearings is usually an attempt by the defendant officers to establish qualified immunity.
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I worked with a female cop who had to pay a $30k judgement out of her own pocket.
Link Posted: 8/28/2015 8:44:51 AM EDT
*Extorris*



Isolated incident.
Link Posted: 8/28/2015 8:48:03 AM EDT
Sad part is third party databases have already captured his "crime" and background checks will still show this arrest.  Doesn't help it's plastered all over the news too.
Link Posted: 8/28/2015 8:49:03 AM EDT
Good, but not good enough.
Link Posted: 8/28/2015 8:52:31 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Extorris:

I worked with a female cop who had to pay a $30k judgement out of her own pocket.
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Originally Posted By Extorris:
Originally Posted By Baker556:
Cops can, and do, lose qualified immunity all the time. In fact, in most civil cases both the department and individual officers will be named. One of the first hearings is usually an attempt by the defendant officers to establish qualified immunity.

I worked with a female cop who had to pay a $30k judgement out of her own pocket.



That must have been a really shitty blowjob
Link Posted: 8/28/2015 8:54:15 AM EDT
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Originally Posted By Badseed:

That must have been a really shitty blowjob.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Badseed:
Originally Posted By Extorris:
Originally Posted By Baker556:
Cops can, and do, lose qualified immunity all the time. In fact, in most civil cases both the department and individual officers will be named. One of the first hearings is usually an attempt by the defendant officers to establish qualified immunity.

I worked with a female cop who had to pay a $30k judgement out of her own pocket.

That must have been a really shitty blowjob.

Strip search actually.
Link Posted: 8/28/2015 8:55:02 AM EDT
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Originally Posted By Extorris:

Strip search actually.
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Originally Posted By Extorris:
Originally Posted By Badseed:
Originally Posted By Extorris:
Originally Posted By Baker556:
Cops can, and do, lose qualified immunity all the time. In fact, in most civil cases both the department and individual officers will be named. One of the first hearings is usually an attempt by the defendant officers to establish qualified immunity.

I worked with a female cop who had to pay a $30k judgement out of her own pocket.

That must have been a really shitty blowjob.

Strip search actually.

Then she is a terrible stripper.
Link Posted: 8/28/2015 8:56:15 AM EDT
“The city’s lawyer actually claimed with a straight face that the word ‘is’ doesn’t mean ‘is,’ ” Perez’s lawyer Joel Berger told the Daily News.
View Quote


The Clinton defense has hit the mainstream.

Link Posted: 8/28/2015 8:58:08 AM EDT
grumpycatgood.gif

Love to see a pic of said "gravity knife".
Link Posted: 8/28/2015 9:07:44 AM EDT
"Last month, the city settled another suit involving Delmonico for $120,000 in which he was accused of falsely arresting a man who laughed at the cop after a perpetrator had outrun him, according to lawyer Brett Klein."
Link Posted: 8/28/2015 9:09:48 AM EDT

Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Extorris:





Better to take the paycheck and pension and just not make any arrests to be safe.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Extorris:



Originally Posted By SmilingBandit:


Originally Posted By Gator:


Originally Posted By fxntime:

Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.


Only way you'll put an end to that bullshit, some personal accountability for that level of stupidity.

Never happen.  


If cops are personally responsible for paying for illegal arrests then nobody will be a cop.


Better to take the paycheck and pension and just not make any arrests to be safe.
Still training the rookies after retirement, eh?



 
Link Posted: 8/28/2015 9:09:59 AM EDT
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Originally Posted By hammet:
Love to see a pic of said "gravity knife".
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It's in the article.

Link Posted: 8/28/2015 9:10:32 AM EDT
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Originally Posted By Ranxerox911:
Still training the rookies after retirement, eh?
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Originally Posted By Ranxerox911:
Originally Posted By Extorris:
Better to take the paycheck and pension and just not make any arrests to be safe.
Still training the rookies after retirement, eh?

Looks like some PDs are finally getting the message.
Link Posted: 8/28/2015 9:11:24 AM EDT
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Originally Posted By Extorris:

Nope.
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Originally Posted By Extorris:
Originally Posted By Slug-O:
But does this man still have a criminal record? Is it expunged? Are all his photos and prints removed from "all" data bases? Are all arrest records removed from history?

Nope.


Expungment should be part of the settlement or i would keep fighting.
Link Posted: 8/28/2015 9:12:07 AM EDT
So a pocket knife with a loose hinge is a gravity knife?  
Link Posted: 8/28/2015 9:12:45 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SmilingBandit:

If cops are personally responsible for paying for illegal arrests then nobody will be a cop.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SmilingBandit:
Originally Posted By Gator:
Originally Posted By fxntime:
Delmonico should pay the settlement out of his wages or pension. Weng should have to pay at least 40% just because she is stupid.


Only way you'll put an end to that bullshit, some personal accountability for that level of stupidity.




Never happen.  

If cops are personally responsible for paying for illegal arrests then nobody will be a cop.


Maybe those guys shouldn't be cops.
Link Posted: 8/28/2015 9:13:12 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By irishtech:
So a pocket knife with a loose hinge is a gravity knife?  
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It depends on if the cop wants some OT.
Link Posted: 8/28/2015 9:14:00 AM EDT
WTF is a gravity knife?

So, a Spyderco would be considered evil in NY?
Link Posted: 8/28/2015 9:14:30 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By irishtech:
So a pocket knife with a loose hinge is a gravity knife?  
View Quote


I read if the cops can flick the blade out with a wrist snap, it's a "gravity knife".

I also read if the cops can't do that, they'll grab the blade and do a wrist snap and if the handle flicks out...it's a "gravity knife".

Link Posted: 8/28/2015 9:14:40 AM EDT
[Last Edit: 8/28/2015 9:16:36 AM EDT by Extorris]
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Originally Posted By gotigers:
So, a Spyderco would be considered evil in NY?
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My friend was arrested for a Spyderco Endura in Queens. Judge tossed the case at arraignment but it cost him a police job he was trying to get.
Link Posted: 8/28/2015 9:15:31 AM EDT
The lack of leo personal accountability hits new lows almost daily now.
Link Posted: 8/28/2015 9:16:58 AM EDT
Glad he got a settlement.
Link Posted: 8/28/2015 9:17:02 AM EDT
[Last Edit: 8/28/2015 9:18:34 AM EDT by buck19delta]
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Originally Posted By Extorris:

Nope.
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Originally Posted By Extorris:
Originally Posted By Slug-O:
But does this man still have a criminal record? Is it expunged? Are all his photos and prints removed from "all" data bases? Are all arrest records removed from history?

Nope.




like the cop shows..... the next time he ends up being looked at by the cops...


" suspect has no record, but he was arrested in 2012, for posession of a illegal conceiled weapon...so, he has a history of carrying weapons.... he beat that wrap somehow... the da must have stepped on his dick back then... this guy had a history, he just has not gotten caught obviously, or he got lucky.
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