“You can call someone all the names in the world...Once you assault that person in response to this alleged name calling, all bets are off, and the law gets to step in and take care of the problem...”
No you can’t. Assault and battery actually has two components; Assault is the calling of names and battery is the physical portion. Re-read the article and mentally switch the sexes and the races. Makes a difference, doesn’t it?
Growing up in the fifties and sixties, hitting a girl was not cool. But in those days women also didn’t expect to be on the baseball or football team, nor would they serve in combat in the service.
This kind of confrontation wouldn’t have happened back then. Nobody SHOULD hit another person. In 63 years, I’ve never had to resort to that. But then, I also don’t get in other people’s faces.
The kids today grow up in a totally different environment. Equal is equal. She gets no positive points for being a woman, and he gets no negative ones for being black. IMHO, she’s just as much at fault in this as he is.
As my late mom used to say, it “takes two tango”. From the article, she deliberately provoked him.
You have no idea if anything in this report is true fair or balanced! Toni was in the ER and not available for comment. One side got to tell their story!
I am holding off until I hear the rest of the story. I know Toni and her Deputy Sheriff husband. These are really good people who contribute much to the communities of Kemah, and League City, TX.
why don't you invite this poor guy over to your house for dinner to get his side of it.
one more thing: the legal terms assault and battery vary by state. so, again, your statment is wrong depending on where you live.
Verbal provocation is not an excuse to the prosecution if you use “force” or “deadly force” in response...
I believe “humblegunner” here (in the next post after yours)makes a good point in the “detaining” issue that she made by blocking the kid from leaving...And even that is not a defense to the prosecution in an assault case...
She may be in trouble for that if it is determined that the kid tried to leave, and she at anytime tried to prevent him from leaving...That is a crime as well as the assault incurred upon her...
Regardless of the hearsay in the verbal confrontation and words used by both parties...And I can guarantee you that the kid was not silent in this case, I would have had a hard time keeping my mouth shut as well...But that is just me...
By not getting in others faces is a wise thing to have as a core value...But that doesn’t mean you have to retreat from a confrontation either...If you have a Texas CHL, you will know the law regarding that issue...
And since there is a chance that our illustrious racial pimp Quannel X is waiting in the wings on this one, I would venture a theory that the Houston Chronicle is yet again fertilizing the public (who reads that birdcage liner) into a frenzy again, just to sell papers...
So I can tell you this, anything you read in the paper (especially this one) is NOT evidence in a court of law...Period...
And you are absolutely correct when you say it takes two to tango...I will absolutely agree with you there...
Both sides apparently have practiced poor judgement in this case...
Besides...Like I said before...That area of 2094 where this took place is a nice wide two lane throughfare and the kid could have passed with little effort and danger to anyone involved...That would be something I would bring up in court to illicite an attitude response from the defendent (kid)...
I would very much like to see how this one turns out...I am more concerned about Quannel X getting into this fracus and stirring up what doesn’t need to be stirred up...
Your definition of assault is wrong.