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Obese man who blamed victim's injuries on his weight loses appeal
Seattle Post-Intelligencer | December 12, 2005 | Associated Press

Posted on 12/12/2005 2:46:24 PM PST by BigSkyFreeper

BOISE, Idaho -- An appeals court has upheld the aggravated assault conviction of a 610-pound man who said the victim's injuries were at least partly the result of his weight, rather than an intent to cause harm.

The appeal on behalf of Patrick Macias of Post Falls claimed that 1st District Judge John P. Luster should have told jurors "an act is not criminal it if was the result of misfortune or accident," but that argument was rejected last Wednesday by the Idaho Court of Appeals.

Macias was convicted in 2004 after a trial in which Wendell Holder Jr. testified that he was drinking a long-neck bottle of beer when Macias tapped on his shoulder.


TOPICS:
KEYWORDS: macias

1 posted on 12/12/2005 2:46:25 PM PST by BigSkyFreeper
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To: BigSkyFreeper


I don't get it.
What was the injury or assault?
Tap on shoulder?


2 posted on 12/12/2005 2:47:40 PM PST by onyx ((Vicksburg, MS) North is a direction. South is a way of life.)
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To: Lead Moderator
Whoops, forgot the link,

http://seattlepi.nwsource.com/local/6420AP_ID_Heavy_Assault.html

3 posted on 12/12/2005 2:49:02 PM PST by BigSkyFreeper ("Tucker Carlson could reveal himself as a castrated, lesbian, rodeo clown ...wouldn't surprise me")
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To: onyx

See #3, I forgot to post the link to the story. Apparently the guy who lost the appeal decked the person who tapped him on the shoulder.


4 posted on 12/12/2005 2:50:20 PM PST by BigSkyFreeper ("Tucker Carlson could reveal himself as a castrated, lesbian, rodeo clown ...wouldn't surprise me")
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To: BigSkyFreeper


Ah yes. You screwed up...lol.


5 posted on 12/12/2005 2:52:07 PM PST by onyx ((Vicksburg, MS) North is a direction. South is a way of life.)
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To: BigSkyFreeper
Obese man who blamed victim's injuries on his weight loses appeal.

I suspect he lost his appeal when he hit 600 pounds.
6 posted on 12/12/2005 2:53:14 PM PST by MaryFromMichigan
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To: onyx

Yeah, multitasking. I've got like a dozen windows open. LOL


7 posted on 12/12/2005 2:53:25 PM PST by BigSkyFreeper ("Tucker Carlson could reveal himself as a castrated, lesbian, rodeo clown ...wouldn't surprise me")
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To: onyx

I found this on the AP Newswire at the Great Falls Tribune. Can't post from Gannet owned sites, so I Googled it elsewhere. :)


8 posted on 12/12/2005 2:55:00 PM PST by BigSkyFreeper ("Tucker Carlson could reveal himself as a castrated, lesbian, rodeo clown ...wouldn't surprise me")
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To: BigSkyFreeper

He tapped him on the shoulder and then sat on him, apparently.


9 posted on 12/12/2005 2:55:10 PM PST by RTINSC (Being Offended is the Natural Consequence of Leaving Your Home...)
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To: BigSkyFreeper
Holder, who lost his four front teeth, testified that he could no longer eat corn on the cob, popcorn or candy and had lost his ability to whistle - a problem because he trains dogs.

****************

I'm sure that's a short list of his problems.

10 posted on 12/12/2005 2:59:22 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: onyx
In case you're keeping score:

You've posted a total of 169 threads and 23,856 replies.

:)


11 posted on 12/12/2005 2:59:47 PM PST by BigSkyFreeper ("Tucker Carlson could reveal himself as a castrated, lesbian, rodeo clown ...wouldn't surprise me")
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To: BigSkyFreeper


You have truly posted alot!


12 posted on 12/12/2005 3:02:07 PM PST by onyx ((Vicksburg, MS) North is a direction. South is a way of life.)
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To: onyx

Most of those posts are from "LIVE" threads. LOL!


13 posted on 12/12/2005 3:07:15 PM PST by BigSkyFreeper ("Tucker Carlson could reveal himself as a castrated, lesbian, rodeo clown ...wouldn't surprise me")
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To: onyx
Shades of Fatty Arbuckle's sexual attack on a smaller female friend during the Silent Movies' heyday in the 20s.

She died of suffocation,I think!

He was charged with some form of sexual abuse which I think pretty much ended his movie career.

14 posted on 12/12/2005 3:20:06 PM PST by VOYAGER (M<)
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To: VOYAGER

I recall reading about that case, but not the details... it was sexually based. I do, however, seem to recall that there's now some "doubt" as to his guilt, but that's likely attributed to Hollywierd's insistance that all creeps are innocent.


15 posted on 12/12/2005 3:23:34 PM PST by onyx ((Vicksburg, MS) North is a direction. South is a way of life.)
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To: VOYAGER
I believe she died of peritonitis brought on by a ruptured bladder. There was much debate what was the cause of the bladder rupture. The objects speculated on were a champaign bottle, a large piece of ice, or if was just caused by rough sex with a full bladder.
16 posted on 12/12/2005 7:55:20 PM PST by gracie1 (Visualize whirled peas!)
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