In Rochester, N.Y., pastor Anthony Lee Drumgoole, 23, has been laying his hands on more than the faithful. He is charged with a robbery at the Carolina Forest Buffalo Wild Wings and racked up additional charges of kidnapping and four counts of financial transaction card fraud. He was arrested at his church.
The victims says that Drumgoogle robbed him at knifepoint in the restaurant’s bathroom and forced the victim to strip in order to keep him giving chase. What I find curious is the kidnapping charge based on the published facts. Some states like North Carolina have a particularly flexible definition of kidnapping:
Article 10. Kidnapping and Abduction.
(a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:
(1) Holding such other person for a ransom or as a hostage or using such other person as a shield; or
(2) Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or
(3) Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person; or
(4) Holding such other person in involuntary servitude in violation of G.S. 14-43.12.
(5) Trafficking another person with the intent that the other person be held in involuntary servitude or sexual servitude in violation of G.S. 14-43.11.
(6) Subjecting or maintaining such other person for sexual servitude in violation of G.S. 14-43.13.
Based on news accounts, the distance in this case appears quite small. This would seem to allow virtually any crime where a victim is moved to be charged as kidnapping.
In New York, second degree kidnapping is defined simply as “a person is guilty of kidnapping in the second degree when he abducts another person.” However, first degree kidnapping is more restricted and requires,if you are not holding someone for money, for the culprit to “restrain the person abducted for a period of more than twelve hours with intent.”
While the police report refers to a kidnapping charge, there is unlawful confinement provisions in New York:
S 135.05 Unlawful imprisonment in the second degree.
A person is guilty of unlawful imprisonment in the second degree when
he restrains another person.
Unlawful imprisonment in the second degree is a class A misdemeanor.
S 135.10 Unlawful imprisonment in the first degree.
A person is guilty of unlawful imprisonment in the first degree when
he restrains another person under circumstances which expose the latter
to a risk of serious physical injury.
Unlawful imprisonment in the first degree is a class E felony.
It is the definition of restrain that allows for broader application of this latter charge:
“Restrain” means to restrict a person`s movements intentionally and
unlawfully in such manner as to interfere substantially with his liberty
by moving him from one place to another, or by confining him either in
the place where the restriction commences or in a place to which he has
been moved, without consent and with knowledge that the restriction is
unlawful. A person is so moved or confined “without consent” when such
is accomplished by (a) physical force, intimidation or deception, or (b)
any means whatever, including acquiescence of the victim, if he is a
child less than sixteen years old or an incompetent person and the
parent, guardian or other person or institution having lawful control or
custody of him has not acquiesced in the movement or confinement.
I will keep looking for a statutory citation for the charge.
Source: Myrtle Beach as first seen on Reddit.