Don't start **it, won't be **it.
Well he did fracture her skull so...that's deadly force in my book.
Would you consider punching someone in the face deadly force? In OK there are 3-5 (on average)one punch deaths each year. Maybe the people were old, or hitting their head on the edge of a curb is what killed them, not the punch, but they are still dead as a result of being punched in the face.
So while, I can agree that a fractured skull doesn't always equate to deadly force, it doesn't mean it can't. In this particular instance I would say it does. If I hit you in the head with the flat backside of an axe and split your skull open is that deadly force? Where do you draw the line?
Plus, another thing to take into account in this instance is that the man repeatedly hit them. Whether or not that was justified is not really my primary focus in my determination of deadly force. Deadly force, whether justified or not, is still deadly force. If he broke her skull on that first blow, any one of the subsequent impacts could have been straight to the mainframe, with little protection. IMO that's where I think you would be into the "deadly force" category.
This case is by no means cut and dry. It's a shame the employee is a felon as I think that will have undue bearing on the outcome of this whole ordeal. Like the possession of a weapon charge? I don't think that'd be on the table if he wasn't a convicted felon.
Would you consider punching someone in the face deadly force? In OK there are 3-5 (on average)one punch deaths each year. Maybe the people were old, or hitting their head on the edge of a curb is what killed them, not the punch, but they are still dead as a result of being punched in the face.
So while, I can agree that a fractured skull doesn't always equate to deadly force, it doesn't mean it can't. In this particular instance I would say it does. If I hit you in the head with the flat backside of an axe and split your skull open is that deadly force? Where do you draw the line?
Plus, another thing to take into account in this instance is that the man repeatedly hit them. Whether or not that was justified is not really my primary focus in my determination of deadly force. Deadly force, whether justified or not, is still deadly force. If he broke her skull on that first blow, any one of the subsequent impacts could have been straight to the mainframe, with little protection. IMO that's where I think you would be into the "deadly force" category.
This case is by no means cut and dry. It's a shame the employee is a felon as I think that will have undue bearing on the outcome of this whole ordeal. Like the possession of a weapon charge? I don't think that'd be on the table if he wasn't a convicted felon.
According to a news story today on CNN.com, McIntosh, the McDonald's cashier who beat those two idiots was not indicted by a Grand Jury. Both women are facing multiple charges. One got a skull fracture...
I was really hoping this guy would get off.
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