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Posted

It's really starting to look like this entire thing is going to get swept under the rug. We're closing in on the month and a half anniversary of this thing and no ones been charged.

 

It's looking that way. Even after just a couple weeks there wasn't going to be any new evidence and a conviction would have happened by then, never mind a month after that.

 

Is the law different for this case? How so?

 

Every case is different. A cop, much less someone who assaulted someone else first, would be laughed out of the court room, not to mention his precinct, for bringing an "assault" charge against a guy who swung at him and missed (or if you prefer, for which there is no evidence that he connected). As for charging someone with assault despite not connecting, I'd like to know how many cases of "assault" there are where someone threw a punch that didn't connect, much less was convicted of it.

Posted

 

It's looking that way. Even after just a couple weeks there wasn't going to be any new evidence and a conviction would have happened by then, never mind a month after that.

 

 

Every case is different. A cop, much less someone who assaulted someone else first, would be laughed out of the court room, not to mention his precinct, for bringing an "assault" charge against a guy who swung at him and missed (or if you prefer, for which there is no evidence that he connected). As for charging someone with assault despite not connecting, I'd like to know how many cases of "assault" there are where someone threw a punch that didn't connect, much less was convicted of it.

 

 

Assault doesn't require contact, doc.......

Posted (edited)

 

 

Assault doesn't require contact, doc.......

I said it before, "intent to harm" is a charge.

My Pops always told me if you are going to kill someone be sure to drag him into the house. Because then it is defense.

God bless, him it's true

Edited by 3rdand12
Posted

Assault doesn't require contact, doc.......

 

Again, depends on the case. If you don't think that's true and that what Shady did was "assault," when do you hope, er, think the charge will be coming down?

Posted

I said it before, "intent to harm" is a charge.

My Pops always told me if you are going to kill someone be sure to drag him into the house. Because then it is defense.

God bless, him it's true

 

In a similar vein, if someone breaks into your house, make sure you kill them (preferably after dragging them into your bedroom) and not just injured them.

Posted

 

Again, depends on the case. If you don't think that's true and that what Shady did was "assault," when do you hope, er, think the charge will be coming down?

No no Doc . i think it's is just going to fade away, as well it should.

 

my minor point ws that if the video is defining proof of Shady swinging , he could be charged.

But that would have already happened if this was not a hot mess of poo now cooling

Posted

No no Doc . i think it's is just going to fade away, as well it should.

 

my minor point ws that if the video is defining proof of Shady swinging , he could be charged.

But that would have already happened if this was not a hot mess of poo now cooling

 

This was more directed at WEO, but again, if assault only requires that someone take a swing and not necessarily make contact, and the video shows Shady swinging, why isn't an assault charge coming?

Posted

 

This was more directed at WEO, but again, if assault only requires that someone take a swing and not necessarily make contact, and the video shows Shady swinging, why isn't an assault charge coming?

Because so much is let slide in the system.

Is there a true need to prosecute Shady over the bottle swinger.

You know this more complicated than just isolating Lesean for his part in the festivities that night.

 

Have you ever known guys to get in a fight, both get scraped up and the police just lets them go with a stern warning ?

Posted

Because so much is let slide in the system.

Is there a true need to prosecute Shady over the bottle swinger.

You know this more complicated than just isolating Lesean for his part in the festivities that night.

 

Have you ever known guys to get in a fight, both get scraped up and the police just lets them go with a stern warning ?

 

Sure I have. Which gets back to my "it depends on the case" statement.

Posted

 

This was more directed at WEO, but again, if assault only requires that someone take a swing and not necessarily make contact, and the video shows Shady swinging, why isn't an assault charge coming?

 

doc, you should just read the definition of assault and save yourself repeating "if" over and over.

 

In most places in this country, it's illegal to throw a punch at someone unless they have consented to being punched. Were you really not sure about this?

 

Unless they think they can prove he took a swing at a guy who was not threatening him, they won't charge him.

Posted

 

doc, you should just read the definition of assault and save yourself repeating "if" over and over.

 

In most places in this country, it's illegal to throw a punch at someone unless they have consented to being punched. Were you really not sure about this?

 

Unless they think they can prove he took a swing at a guy who was not threatening him, they won't charge him.

 

 

What if the guy consents and then while the punch is in the air screams "I revoke my consent!!!!". How is that viewed?

Posted

doc, you should just read the definition of assault and save yourself repeating "if" over and over.

 

In most places in this country, it's illegal to throw a punch at someone unless they have consented to being punched. Were you really not sure about this?

 

Unless they think they can prove he took a swing at a guy who was not threatening him, they won't charge him.

 

So IOW, it's not assault if you can't prove it. Thanks for finally admitting it.

Posted (edited)

 

So IOW, it's not assault if you can't prove it. Thanks for finally admitting it.

 

 

Huh? lol That's actually not what I said.

 

What are you talking about? You've just spent several posts saying that if a guy throws a punch and misses, there is no assault. That's obviously not true. So now you're jumping to something else.

 

I said if the DA doesn't think he can prove it to a jury, he won't charge. Is that concept for a new one for you as well? It has nothing to do with whether a crime was actually committed. If McCoy swung at a guy who wasn't threatening him, he assaulted the guy. That's a crime. Whether the DA feels he can convince a jury that that is McCoy throwing the punch is the point of contention here.

Edited by Mr. WEO
Posted

Huh? lol That's actually not what I said.

 

What are you talking about? You've just spent several posts saying that if a guy throws a punch and misses, there is no assault. That's obviously not true. So now you're jumping to something else.

 

I said if the DA doesn't think he can prove it to a jury, he won't charge. Is that concept for a new one for you as well? It has nothing to do with whether a crime was actually committed. If McCoy swung at a guy who wasn't threatening him, he assaulted the guy. That's a crime. Whether the DA feels he can convince a jury that that is McCoy throwing the punch is the point of contention here.

 

For there to be assault, it has to be plausible that the "victim" felt threatened. I have no doubt the DA saw that a 6'5" 250# man, who was busy assaulting someone else, wasn't threatened by a 5'11 205# guy. Hence it's not assault and therefore no charges. And conversely, Shady could lie as well and say he felt threatened, and then it's self-defense. End result: no charges and no suspension. Sorry.

Posted

 

For there to be assault, it has to be plausible that the "victim" felt threatened. I have no doubt the DA saw that a 6'5" 250# man, who was busy assaulting someone else, wasn't threatened by a 5'11 205# guy. Hence it's not assault and therefore no charges. And conversely, Shady could lie as well and say he felt threatened, and then it's self-defense. End result: no charges and no suspension. Sorry.

 

 

Except the guy he swung at was on the ground getting pummeled by several men. I'm pretty sure he viewed a swing as an intent to injure, no matter what his size.

 

McCoy, based on witnesses and video, cannot claim he felt threatened. In fact his own people have said he was jumping in to help his friend.

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