"This act served no legitimate purpose, and recklessly risked provoking a dangerous altercation. "Despite Natore's no-contact order against Klingseisen and the ongoing rift between them, Kirchner, while accompanying Natore, approached Klingseisen in his own backyard, created a gun-like hand gesture, pointed it at Klingseisen, and made a recoil motion as if to suggest he had shot him," the appeals court ruled. lllustrated by Harold Anderson The Man With His Hands Tied Behind Him a t. Beautiful woman doing different expressions in different sets of. involving danger or risk," including "the risk of an altercation." Front view of aged 30-39 years old who is beautiful african ethnicity female business person standing in front of colored background wearing jacket who is winking and showing finger gun who is pointing. However, the Pennsylvania state appeals court ruled this week that "given the history of the parties involved," making the gesture did amount to disorderly conduct because it created a "hazardous condition. He also argued that his hand gesture could never be mistaken for an actual firearm, so it was no worse than any other hand gesture. Therefore, he argued, the evidence is insufficient to support the disorderly conduct charge. Kirchner appealed the verdict, arguing that the evidence presented at trial was did not establish that making a hand gesture in the form of a gun creates a hazardous or physically offensive condition. Kirchner was found guilty in October 2018 and ordered to pay a $100 fine and court costs. At the time, Natore had a "no contact" order against Klingseisen. The gesture was caught on Klingseisen's surveillance cameras, which he had installed due to ongoing confrontations with Natore. When Kirchner and another neighbor, Elaine Natore, walked past Josh Klingseisen out mulching in his backyard, Kirchner made eye contact with Klingseisen, "then made a hand gesture at him imitating the firing and recoiling of a gun," according to court documents. The incident occurred in June 2018 and involved neighbors with a history of bad blood. This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case. Stephen Kirchner was convicted of disorderly conduct last fall, but appealed the decision. A Pennsylvania man broke the law when he pretended to point a gun at his neighbor, using his thumb and index finger to create the shape of the weapon, an appeals court has ruled.
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