hondo in seattle Posted February 12, 2016 Posted February 12, 2016 (edited) The way it appears to work in Pennsylvania (me not being an expert in PA criminal law), is that harming a police officer is going to move your offense from "simple assault" to "aggravated assault." But, there's a catch. Check out the provisions: Simple assault occurs when a person "causes bodily injury to another." (18 Pa. Cons. Stat. § 2701) Aggravated assault occurs when a person causes bodily injury to, among other people, police officers "while in the performance of duty." (18 Pa. Cons. Stat. § 2702(a)(3)). Given that it's unlikely that hanging out at "Recess" and ordering bottles of champagne was part of the officers' duties, Shady and co. wouldn't be facing the potentially higher punishment that would accompany harming an on-duty police officer. Curious because the reports out of Philly are that "aggravated assault" charges are coming. Not sure about the credibility of the sources. Sal Maiorana says that aggravated assault means a suspension of at least 6 games: "If the DA’s office charges McCoy with aggravated assault, the personal conduct policy calls for a minimum six-game suspension without pay." I'm not sure this is accurate either. http://www.democratandchronicle.com/story/sports/football/nfl/bills/2016/02/12/charges-against-bills-rb-lesean-mccoy-expected-next-week/80282988/ Edited February 12, 2016 by hondo in seattle
reddogblitz Posted February 12, 2016 Posted February 12, 2016 Given that it's unlikely that hanging out at "Recess" and ordering bottles of champagne was part of the officers' duties, Shady and co. wouldn't be facing the potentially higher punishment that would accompany harming an on-duty police officer. Perhaps they were working undercover. Would explain why they'd need that receipt for champagne, so they could expense it, Now McCoy has blown their cover which will only exacerbate the situation.
JohnC Posted February 12, 2016 Posted February 12, 2016 http://mbeckerlaw.com/aggravatedassault http://www.pennsylvania-criminal-defense.com/assault/ http://www.pennsylvania-criminal-defense.com/assault/
hondo in seattle Posted February 12, 2016 Posted February 12, 2016 (edited) http://mbeckerlaw.com/aggravatedassault http://www.pennsylvania-criminal-defense.com/assault/ http://www.pennsylvania-criminal-defense.com/assault/ Given the victims were off duty, I don't see an argument for aggravated assault unless the DA is going to assert that Shady 'showed extreme indifference to the value of human life' which is not what the videos seem to show. Or maybe reddogblitz is right and they were undercover??? This seems more like simple assault which is a misdemeanor rather than a felony. By the way, isn't it comforting to know that if a bunch of football players beat the crap out of most of us, it's only a misdemeanor case of simple assault? But if they beat up a gym teacher, bus driver, or cop, it's felonious aggravated assault. Happy to know my health and well-being isn't worth much. Edited February 12, 2016 by hondo in seattle
jimmy10 Posted February 12, 2016 Posted February 12, 2016 Spoke with a good buddy whose a state trooper. In his opinion, the behavior of the off duty cops that night and the following morning strongly suggests they were not just sitting there being good apples.
Canadian Bills Fan Posted February 12, 2016 Posted February 12, 2016 So if he's charged next week, how long until its decided if he gets convicted or not? CBF
JohnC Posted February 12, 2016 Posted February 12, 2016 Given these guys were reportedly Given the victims were off duty, I don't see an argument for aggravated assault unless the DA is going to assert that Shady 'showed extreme indifference to the value of human life' which is not what the videos seem to show. Or maybe reddogblitz is right and they were undercover??? This seems more like simple assault which is a misdemeanor rather than a felony. I think what it comes down to is how injured were the cops? Another issue is did the police identify themselves? Very often the prosecutor is going to go with the higher charge so that there will be more room to bargain.
YoloinOhio Posted February 12, 2016 Posted February 12, 2016 I think what it comes down to is how injured were the cops? Another issue is did the police identify themselves? Very often the prosecutor is going to go with the higher charge so that there will be more room to bargain. i was thinking the same - try to get enough on him for the agg assault charge with the assumption the attorneys will try to get it down to simple assault.
K-9 Posted February 12, 2016 Posted February 12, 2016 Spoke with a good buddy whose a state trooper. In his opinion, the behavior of the off duty cops that night and the following morning strongly suggests they were not just sitting there being good apples. Unless he was there, how can he speak to their behavior?
Captain_Quint Posted February 12, 2016 Posted February 12, 2016 Perhaps they were working undercover. Would explain why they'd need that receipt for champagne, so they could expense it, Now McCoy has blown their cover which will only exacerbate the situation. Perhaps Shady was also undercover, and this whole thing has been a big ruse to catch a much bigger fish?? A corrupt DA or judge maybe?
YoloinOhio Posted February 12, 2016 Posted February 12, 2016 (edited) I am thinking they will need to prove that the injuries Sustained by the victims were actually cause by the actions of mccoy. While we only saw a 30 second clip, it appears he physically hits and kicks twice, but I can't tell from that if their injuries came from that, or previous/subsequent actions of the other 3 suspects. I don't even know if the cell phone videos will be verified as evidence since they couldn't identify who took them. I'm just throwing it out there, I know nothing about law (obviously). It may be a situation where they rely on the eyewitness accounts. Perhaps Shady was also undercover, and this whole thing has been a big ruse to catch a much bigger fish?? A corrupt DA or judge maybe?Now you are thinking like a Pats fan! Edited February 12, 2016 by YoloinOhio
JohnC Posted February 12, 2016 Posted February 12, 2016 I am thinking they will need to prove that the injuries Sustained by the victims were actually cause by the actions of mccoy. While we only saw a 30 second clip, it appears he physically hits and kicks twice, but I can't tell from that if their injuries came from that, or previous/subsequent actions of the other 3 suspects. I don't even know if the cell phone videos will be verified as evidence since they couldn't identify who took them. I'm just throwing it out there, I know nothing about law (obviously). It may be a situation where they rely on the eyewitness accounts. Now you are thinking like a Pats fan! If he was part of the brawling crew it doesn't have to be proven that his punches and stomping specifically hit a particular injured party. They are in it together.
eball Posted February 12, 2016 Posted February 12, 2016 Unless he was there, how can he speak to their behavior? Note the words opinion and suggests.
Mr. WEO Posted February 12, 2016 Posted February 12, 2016 It's not about being "PC" it's abut presumed innocence, which is just, you know, the basis of our Justice system... You know, we are also free to interpret what we see in a video as well, regardless of what words were said before the beat down began.. Given the victims were off duty, I don't see an argument for aggravated assault unless the DA is going to assert that Shady 'showed extreme indifference to the value of human life' which is not what the videos seem to show. Or maybe reddogblitz is right and they were undercover??? This seems more like simple assault which is a misdemeanor rather than a felony. By the way, isn't it comforting to know that if a bunch of football players beat the crap out of most of us, it's only a misdemeanor case of simple assault? But if they beat up a gym teacher, bus driver, or cop, it's felonious aggravated assault. Happy to know my health and well-being isn't worth much. If you are kicking and stomping a person on the ground (several of you), you can reasonably assume that that beating could result in extreme harm to human life.
K-9 Posted February 12, 2016 Posted February 12, 2016 Note the words opinion and suggests. Yeah, I did. Changes nothing about the speculative nature. My question stands.
All_Pro_Bills Posted February 12, 2016 Posted February 12, 2016 Spoke with a good buddy whose a state trooper. In his opinion, the behavior of the off duty cops that night and the following morning strongly suggests they were not just sitting there being good apples. Interesting the hear that feedback from a trooper. My guess is he's spot on. And I suspect the same, maybe these guys pull this off all the time and this time were charging their tab to Shady's party and they caught on to the scam and confronted them. The off duty cops got an attitude of so what, we're cops so what are you going to do about it? And then things got out of hand. So now the cops and the DA are holding back on the arrest warrants until they can come up with some kind of cover story and get everybody involving singing the same song.
Nanker Posted February 12, 2016 Posted February 12, 2016 Well, look at the bright side. His hammy and knee injuries will be completely healed by the time he rejoins the team in week 7.
USABuffaloFan Posted February 12, 2016 Posted February 12, 2016 The full definition of Aggravated Assault may be found at 18 PACS 2702. The definition provides a long list of actions under which you may be charged. If the District Attorney is able to prove, beyond a reasonable doubt, that you committed any of the following acts, you may be found guilty of Aggravated Assault: You attempted to cause, or did cause, serious bodily injury to another showing extreme indifference to the value of human life; You attempted to cause, or did cause, seriously bodily injury to any public officer, employee, agent, agency, or company engaged in public transportation, while in the performance of duty; You attempted to cause, or did cause, bodily injury to any other officer, employee, or agent while in the performance of duty; You attempted to cause, or did cause, bodily injury to another with a deadly weapon; You attempted to cause, or did cause, bodily injury to any school employee, board member, or other agent for the school while that person is on duty, or because of his/her relationship with the school; You threatened any public officer, employee, or agent with serious bodily injury while in performance of duty; or You used any noxious gas or incapacitating device against a public officer, employee, or agent while acting in the scope of his/her employment. McCoy committed aggravated assault by definition 1. You attempted to cause, or did cause, serious bodily injury to another showing extreme indifference to the value of human life;The fact is after someone is no longer able to defend one's self your in aggravated assault. Stomping on someone, breaking ribs and nose shows the force used. Only thing that can save McCoy is someone else says the other 3 men caused the damage or they settle out of court. DA though can decide to prosecute on its own in the public's interest.
DasNootz Posted February 12, 2016 Posted February 12, 2016 It's not about being "PC" it's abut presumed innocence, which is just, you know, the basis of our Justice system.. Presumed innocence is for the court system, not public opinion.
YoloinOhio Posted February 12, 2016 Posted February 12, 2016 (edited) ..."if LeSean did what he did....." Hmm, not "if LeSean did what he is alleged to have done"? i like Steve Smith's reaction@89stevesmith I hope he has Same enthusiasm if another cop kills one more of our unarmed youth. Just saying!!! you can feel however you want about it, as I do. But let's not pick and choice how we will spend our energy. I don't agree with shady actions. But there has been bigger problems going on that need our attention not a bar fight. http://phillyinfluencer.com/2016/02/the-ravens-steve-smith-goes-after-mayor-kenney-for-his-comments-on-lesean-mccoy/ Edited February 12, 2016 by YoloinOhio
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