A ref assaults an assistant coach outside gym an hour after the youth basketball game. I believe it was one punch. Coach hits head on asphalt and is in very serious condition. Turns out ref is off duty cop or hinds sheriff. What charges will be brought against ref?
Law question - yes, sports related
- Thread starter Jaqueax
- Start date
Depends on the DA
Or whoever the prosecuting atty will be. But if he acted with indifference to the consequences and the guy is hurt as bad as you say, it could go beyond misdemeanor simple assault to felony (aggravated) assault. Will be up to the prosecutor based in the circumstances. Victim can also bring civil assault and battery claims to hit him for monetary damages.
Or whoever the prosecuting atty will be. But if he acted with indifference to the consequences and the guy is hurt as bad as you say, it could go beyond misdemeanor simple assault to felony (aggravated) assault. Will be up to the prosecutor based in the circumstances. Victim can also bring civil assault and battery claims to hit him for monetary damages.
obviously something should be done....
but sidebar, I've never understood why assaulting an off duty police officer carries a larger punishment than a regular assault. They're a protected class? Is that why they are allowed to pass me going 40 mph over the speed limit?
(Note: this is not a cut down to all cops. My grandfather made a career as one. But there definitely are some clowns that need to be culled and this guy sounds like one of them)
but sidebar, I've never understood why assaulting an off duty police officer carries a larger punishment than a regular assault. They're a protected class? Is that why they are allowed to pass me going 40 mph over the speed limit?
(Note: this is not a cut down to all cops. My grandfather made a career as one. But there definitely are some clowns that need to be culled and this guy sounds like one of them)
By statute there are "special" classes
of victims where if you assault them it is a felony (judges, teachers, firemen, cops). Not that they're privileged, but just to try and protect them and deter violence toward them because of the work they do. However, they have to be working in their official capacity for this to count (off duty doesn't cut it). Here it sounds like the cop was doing the punching.
of victims where if you assault them it is a felony (judges, teachers, firemen, cops). Not that they're privileged, but just to try and protect them and deter violence toward them because of the work they do. However, they have to be working in their official capacity for this to count (off duty doesn't cut it). Here it sounds like the cop was doing the punching.
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Yeah those stories where one guy ends up in the hospital and another ends up in jail are always a barrel of laughs.
With privilege comes responsibility......
I have no idea legally what the charges should be other than the circumstances of it being over a youth sports contest should have no bearing. Based on my very limited legal knowledge I'd say at least aggravated assault and whatever charge comes with causing severe bodily harm as a result of the assault.
Regarding assault on a police officer carrying a larger punishment, if that is true then assault committed BY a police officer should concomitantly carry larger punishment as well. If this is true regardless of duty status then the the same rules should apply here too. The reason is because police officers, based upon the nature of their work, absolutely require added protection under the law. Conversely, because the duties of a police officer give them significant power over the rights of ordinary citizens, any abuse of that power absolutely must be dealt with more harshly under the law.
I have no idea legally what the charges should be other than the circumstances of it being over a youth sports contest should have no bearing. Based on my very limited legal knowledge I'd say at least aggravated assault and whatever charge comes with causing severe bodily harm as a result of the assault.
Regarding assault on a police officer carrying a larger punishment, if that is true then assault committed BY a police officer should concomitantly carry larger punishment as well. If this is true regardless of duty status then the the same rules should apply here too. The reason is because police officers, based upon the nature of their work, absolutely require added protection under the law. Conversely, because the duties of a police officer give them significant power over the rights of ordinary citizens, any abuse of that power absolutely must be dealt with more harshly under the law.
I represented a guy on misdemeanor assault charges once, and they threatened to charge him with a felony because the prosecutor found out he had been an amateur boxer and had formal fight training. I ended up pleading him to the misdemeanors. He basically beat the **** out of two guys that needed to have the **** beat out of them.
I honestly don't know whether this guy being a cop will be an aggravating circumstance. In my experience, it would be a mitigating circumstance, i.e. cops tend to get away with ****. The victim being seriously hurt could hamper that though. I would also want to hear the cop's defenses. Were there fighting words (yes, that's a real thing) used by the coach? Was it self defense?
Whether he's convicted of anything or not, I'd be interested in the civil case.
I honestly don't know whether this guy being a cop will be an aggravating circumstance. In my experience, it would be a mitigating circumstance, i.e. cops tend to get away with ****. The victim being seriously hurt could hamper that though. I would also want to hear the cop's defenses. Were there fighting words (yes, that's a real thing) used by the coach? Was it self defense?
Whether he's convicted of anything or not, I'd be interested in the civil case.
Cops probably do get away with more things than the common citizen, but I know of one example where he didn't. A Morgan County off-duty deputy was shopping at a South Huntsville Wal Mart (Madison County) a month or so ago and saw a man who was wanted for something. Apparently he tried to arrest the guy (not sure he has jurisdiction in Madison County), but he wound up shooting the guy in the butt. He said it was accidental, but witnesses said he aimed and fired ... it was on purpose. He was charged with felony assault with a deadly weapon, as I recall.
But off duty cops definitely get away with things that we are "arrested" for, such as speeding. I've heard, but not sure of, that even family members of policemen can put a little blue stripe on their window that means "I'm part of the police family ... immune to traffic violations". I hope that's not true.
But off duty cops definitely get away with things that we are "arrested" for, such as speeding. I've heard, but not sure of, that even family members of policemen can put a little blue stripe on their window that means "I'm part of the police family ... immune to traffic violations". I hope that's not true.
Don't think this is correct. It only has to be related to their work. So i you track down a cop that's off duty and beat him up because he gave you a speeding ticket, you're getting charged the same as if you beat him while he was own duty.
Security guard is on hot seat now
The off duty Hinds county deputy that was working security in full uniform may be charged as well. It appears he didn't play peacemaker. I heard he was smiling immediately after the coach was knocked out.
This could turn into a cops vs church real soon. John Grisham is working on the draft...
The off duty Hinds county deputy that was working security in full uniform may be charged as well. It appears he didn't play peacemaker. I heard he was smiling immediately after the coach was knocked out.
This could turn into a cops vs church real soon. John Grisham is working on the draft...
I hope they do. As police forces are moving towards being paramilitary organizations with full automatic assault weapons and armored personnel carriers they have become an instrument of control by whatever political environment exists. Gone are the days of "Protect and Serve". police departments are loaded with people who are incapable of succeeding in life by normal means, people who need to feel important are attracted to positions where they can exert their will on ordinary citizens. They are the bullys from grade school who never grew up. They ae people who failed to achieve any kind of social status and and think a shiny badge and a gun can give them the right to impose themselves on us.