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Philly Cop Acquitted


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#11 Inimicus

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Posted 27 February 2013 - 12:56 PM

Was it a jury trial that acquitted him? Or, just the judge making a decree?

Because if there was not more to the story than what the video showed, I don't see how the guy was not found guilty of assault.

I wont say never but its got to be extraordinarily rare to empanel a jury for a simple assault.

#12 Happy Panther

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Posted 27 February 2013 - 01:28 PM

It's not impossible that he was trying to slap a drink out of her hand. I think beyond a reasonable doubt comes into play. I'm guessing he would not have gotten jail time for this but community service and a fine.

He already lost his job which is punishment enough.

#13 g5jamz

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Posted 27 February 2013 - 01:43 PM

Video shows a dude throwing beer/liquid on the cops and the woman is coming from a direction generally the same as the fella retreated. Cop probably thought she was the one that did it and went to smack the beer/drink from her hand and "inadvertantly" hit her in the face. My honest opinion is that in a quick anger moment he wanted to smack the drink out and away from her face and if he happened to hit her...so be it. It is simple assault.

#14 Happy Panther

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Posted 27 February 2013 - 01:46 PM

My honest opinion is that in a quick anger moment he wanted to smack the drink out and away from her face and if he happened to hit her...so be it. It is simple assault.


No that is the point. To prove guilt in a simple assault case you have to prove he did it willfully and with intent.

If he hit her by accident it is not simple assault.

#15 g5jamz

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Posted 27 February 2013 - 01:51 PM

I know...I'm just saying he intended to "inadvertantely" smack the crap out of her...and knock a drink out of her hand in the process.

But hard to prove intent.

#16 Darth Biscuit

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Posted 27 February 2013 - 01:52 PM

Not really arguing here (I think he's guilty either way) but isn't hitting her hand to knock away a drink/beer hitting her? I mean it's clear from the video he hit her on purpose. I suppose it's debatable what his true intent was (whether to knock something from her hand or flat out hit her), but imo it's assault either way.

#17 Happy Panther

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Posted 27 February 2013 - 02:24 PM

Not really arguing here (I think he's guilty either way) but isn't hitting her hand to knock away a drink/beer hitting her? I mean it's clear from the video he hit her on purpose. I suppose it's debatable what his true intent was (whether to knock something from her hand or flat out hit her), but imo it's assault either way.


If he intended to hit the cup and hit her by accident it is not assault under the legal definition. It's up to the plaintiff to prove that there was intent.

#18 Chimera

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Posted 27 February 2013 - 03:44 PM

Should have been convicted since he recklessly caused injury, right?

CHAPTER 27
ASSAULT

Sec.
2701. Simple assault.
2702. Aggravated assault.
2703. Assault by prisoner.
2703.1. Aggravated harassment by prisoner.
2704. Assault by life prisoner.
2705. Recklessly endangering another person.
2706. Terroristic threats.
2707. Propulsion of missiles into an occupied vehicle or onto
a roadway.
2707.1. Discharge of a firearm into an occupied structure.
2707.2. Paintball guns and paintball markers.
2708. Use of tear or noxious gas in labor disputes.
2709. Harassment.
2709.1. Stalking.
2710. Ethnic intimidation.
2711. Probable cause arrests in domestic violence cases.
2712. Assault on sports official.
2713. Neglect of care-dependent person.
2714. Unauthorized administration of intoxicant.
2715. Threat to use weapons of mass destruction.
2716. Weapons of mass destruction.
2717. Terrorism.

Enactment. Chapter 27 was added December 6, 1972, P.L.1482,
No.334, effective in six months.
Cross References. Chapter 27 is referred to in section
5985.1 of Title 42 (Judiciary and Judicial Procedure).
§ 2701. Simple assault.
(a) Offense defined.--A person is guilty of assault if he:
(1) attempts to cause or intentionally, knowingly or
recklessly causes bodily injury to another;
(2) negligently causes bodily injury to another with a
deadly weapon;
(3) attempts by physical menace to put another in fear
of imminent serious bodily injury; or
(4) conceals or attempts to conceal a hypodermic needle
on his person and intentionally or knowingly penetrates a law
enforcement officer or an officer or an employee of a
correctional institution, county jail or prison, detention
facility or mental hospital during the course of an arrest or
any search of the person.
(B) Grading.--Simple assault is a misdemeanor of the second
degree unless committed:
(1) in a fight or scuffle entered into by mutual
consent, in which case it is a misdemeanor of the third
degree; or
(2) against a child under 12 years of age by an adult 21
years of age or older, in which case it is a misdemeanor of
the first degree.




#19 Floppin

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Posted 27 February 2013 - 03:56 PM

I got charged with assault inflicting serious bodily injury, once. The other kid started the fight, it's not my fault he sucked at fighting. Anyhow, he got caught lying on the stand and my case was dropped to simple assault, with no fines or anything - just court cost.

Random, but felt like sharing.

#20 Happy Panther

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Posted 27 February 2013 - 04:25 PM

Should have been convicted since he recklessly caused injury, right?


We are getting into the minutiae of the law but I think if you intend something reasonable it is not reckless under the law. So driving 120 miles per hour and hurting someone is reckless. Or doing something else completely stupid and hurting someone.

Assuming his intention was to knock away a cup that would probably not be considered reckless. As long as you consider that in and of itself a reasonable action then no he still wouldn't be charged.

Here is what wiki defines as reckless:

"Conduct whereby the actor does not desire harmful consequence but...foresees the possibility and consciously takes the risk,"




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