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AC Transit fight. Who would get charged for assault?

Discussion in 'The Okie Corral' started by Glock!9, Feb 17, 2010.

  1. Glock!9

    Glock!9

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    I personally think the white guy would and its not about race. I do not think he was in the wrong, although he may have been able to de-esscalate more than he did.
    If the black guy was arrested is that the same result we would see in a school fight between two 12 yr olds or any aunder 18 fight?

    From what i have read about school fights, both kids get in trouble at the school and with the law and most times end up in juvy.

    thoughts?
     
  2. flagg

    flagg

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    looking at the video, I think the black guy did touch him first.

    the white guy should have shut up, but I have no idea if this would impact the legal aspect.

    anyway, IBTL. :supergrin:
     

  3. SeanHodges

    SeanHodges

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    The old gut walked to the front of the bus although he continued the with his mouth. Then the black guy followed him to the front of the bus all the while telling him he was going beat him up. I still wonder what provoked the fight before the video started? The first thing we hear is something about getting his shoes shined. Too many unknowns as to who provoked this fight.
     
  4. GIockGuy24

    GIockGuy24 Bring M&M's

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    They say he hadn't taken his medicine. He rides the bus maybe because he is not allowed to drive or can't afford to drive due to mental issues.
     
  5. DthDlr

    DthDlr

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    In my opinion (which doesnt matter) I think the black guy would. The reason is because the white guy did get up and go to the front of the bus (even though he did keep talking ****) and the black guy walked to the front of the bus to confront him and hit the white guy first.
     
  6. bigj480

    bigj480 CLM

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    School fights are in no way relevant. This is a legal matter, not a school disciplinary matter. The one who actually started the physical confrontation would be charged if there is proof, like the video. Without the video, things would be a little less clear and who knows what the cops would decide.I guess they would listen to witnesses. If the witnesses gave an accurate description of the incident, the younger guy would likely be charged.

    ETA; The old guy may would get charged for attacking the newspaper vending machines in the second video.
     
  7. toshbar

    toshbar Timber Baron

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  8. Figurelli

    Figurelli

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    Commented by a law student:

    In analysis, the fact that Corn Rows was making aggressive and threatening statements AND the fact that Santa Clause moved in an attempt to extricate himself from a potentially violent situation AND the fact that Mr. Rows continued to make threatening statements after Mr. Clause moved AND the fact that Mr. Rows approached Mr. Clause, while continuing to make threatening comments shows that Mr. Clause’s belief of immanent, unlawful, bodily harm (caused by Mr. Rows) was reasonable.

    Furthermore, the fact that Mr. Clause employed force until such point that he determined that the threat to his person was ended, (supported by the fact that Mr. Rows offered verbal statements suggesting the end of his aggression (“ow stop it, stop it”) AND the fact that Mr. Clause immediately ceased his defense when he perceived Mr. Rows physical defeat and Mr. Rows verbal statements supporting that conclusion) shows that Mr. Clause’s amount of force was reasonable to protect his person.

    I think if Santa-man were to use the self defense justification, he would probably be told to go home and get busy getting ready for Christmas.
     
  9. Glock!9

    Glock!9

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    I never saw the second vid..

    Kids now get into trouble legally not just by the school. This concerns me, because i had to defend msyelf a few times in school and never got into trouble but my son i am sure will...
    I will try my best to teach him how to avoid a fight but it will most likely happen.
     
  10. flagg

    flagg

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    "Don't hit at all if it is honorably possible to avoid hitting; but never hit softly." –Teddy Roosevelt