Joshua James, 23, is charged with one of the most perplexing crimes of the year. James pulled up to a Wendy’s drive-thru window and threw a three and a half foot alligator into the restaurant. His mother told media that it was a prank aimed at a friend who worked at Wendy’s. However, he is now charged with assault with a deadly weapon and illegally capturing an alligator. In addition, because he apparently accepted a soda before tossing the gator, he is charged with petty theft.
Before the NAA (National Alligator Association) objects that alligators don’t kill people, people kill people, the prosecutors are likely to prevail on the alligator as weapon theory. Like many states, Florida defines a deadly weapon broadly as any weapon likely to produce death or great bodily harm. It is enough that an offender has the weapon in his possession and does not generally require that the weapon is used to effectuate the violence or assault.
Having said that, James has really set himself up for a life changing decision. While a prank, the alligator could have harmed employees or customers. One on hand, guys have long put animals — including vicious animals — in dorm rooms, cars, and other spaces as pranks. However, James chose to put others are risk and illegally acquired the animal. While I hate to see a young man go to jail for a stupid prank, my guess is that a court is not likely to cut him too much slack for a joke gone bad.
What do you think should be the appropriate punishment?
If i were “man” i’d sue for some sort of appropriation…..come on ” fl0rida man.” we got to wait for aligator to meet florida man?
“Florida man”
Sentence this man to Gator Rehab and Appropriate Prank Training.
Establish a tribunal of Hollywood comics for adjudication.
I think he should be commended for getting rid of a dangerous public health nuisance. And, he could have mitigated the chances of being caught by bringing the reptile to the backdoor of the nearest Chinese restaurant. Thing is the chicken did taste a bit funny at Wendy’s the rest a the day.
The Charges are a Croc. I’m with bigfatmike. Clear case of animal cruelty. But he should only get probation with community service. Had it been McDonalds, jail time would have been warranted.
Six months cleaning up at Wendy’s.
The kid looks like Eli Manning’s b@stard son.
OMG, this is such a hick thing for guys to do. I have never understood why anyone would want to pick up a gator. I’ve seen fan boat operators jump into swamp and fish around in black water to find us a baby gator, (WHY??? I believe you that they’re there! Please keep your fingers!) and I’ve seen animal trainers go into a pen to pick up a baby gator to show us (WHY? I can see them just fine! Please keep your fingers!).
A 3 and a half foot alligator is a baby, and that length is mostly tail. That said, it would be scared, and scared wild animals bite. Catching it and putting it somewhere for animal control or to release in the water must have been a big pain, which is why this guy did it.
Young men do stupid pranks on each other. I believe the medical term is “testosterone poisoning.” If they’re lucky, they learn not to do that again. If not, they end up in the morgue, the ER, or jail. It was a thoughtless prank that could have gotten someone hurt. Alligator teeth are full of bacteria, so a bite can be very serious.
He meant no malice, so I hope he does not go to jail. He should have been made to clean up Wendy’s (from the inevitable alligator poop and pee), apologize to everyone involved, work for free for a while to see what everyone was doing to make a living, and maybe some community service. Enough of a punishment that he actually learns a lesson.
But no, I don’t think thoughtless pranksters belong in jail with rapists, murderers, and thieves as long as no one got hurt.
I believe he is overcharged on the assault charge. At most, it should have been Culpable Negligence.
~One, two, three o’clock, four o’clock rock . . . We’re gonna rock around the clock tonight . . .~
He was a difficult child.
No one hurt. No criminal history. Just being stupid. Slap on the wrist and probation.
A “lethal weapon” they say? Therefore, a police dog is a lethal weapon– he can bite. A hamster is a lethal weapon– albeit more like a .22 rather than a .357 caliber.
Florida is full of alligators. Including the prosecutor.
As for Wendys. What do they serve? Chopped up cows. Who did more damage to who?
If the foo has a fit then wear it.
Who flung foo?
The guy needs to take some punishment but attaching a criminal charge that will disrupt his life is not appropriate. Stupid is stupid and if everyone were to be criminally charged for being stupid then pretty much everyone would be in jail at one time or another. What would we do with Washington and the circus freaks running for election.
Clear case of animal cruelty – subjecting the poor alligator to Wendy’s fast food, no wonder he was snapping at the hired help.
One year working weekends in an animal rescue organization or county animal shelter, during which time he must also be enrolled in school or a jobs training apprenticeship.
If it’s a first time offense and his parents are capable of hiring one of the most connected attorneys in the area–one who golfs with the judge–he will get off with community service and probation. If he does any time, whatsoever, it may be some shock time, performed on the weekends, but that’s about it.
How did he get the alligator through the drive-thru window? I can barely get my money in the hands of the person working there, and the window is usually only partially opened.
“Before the NAA (National Alligator Association) objects that alligators don’t kill people, people kill people, the prosecutors are likely to prevail on the alligator as weapon theory.”
I have a great sense of humor; that was a pathetic attempt at humor. This man would have been better off throwing a stolen gun in the window. At least the gun is an inanimate object while the 3.5 foot alligator has a mind of its own.
Big Boy likes fast food too. Fries, double wopper and shake. Big Boy is not up to speed with cash or credit card transactions. Tasty meal matters.
Is a 3.5 foot gator likely to produce death or great bodily harm?
I doubt it.
Six months tending the alligator pit at the zoo.