Don't start **it, won't be **it.
You can't really just go off that injury. You could simply tackle me, throw me down or whatever, after I swing at you, and it causes me to land on my head (in the parking lot) which faractures my skull. Not deadly force at all there. It doesn't take much at all to crack a bone. I say those two thugs women got what they deserved!!! I'll gladly take the side of the employee! It's like my dad always used to say, "If a bully pushes you, you break their nose!"
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.
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.
I'm not a big leagal knowledge/definition guy, but to me "deadly force" deals more with the intention rather than the act. Like you were talking about the one punch kills, the intent was to hurt not kill. That's just me though. I agree with your last paragraph about his past playing a role in this particular case.
perfect justice. I have been waiting to see some idiots get their asses handed to them. and now i have all thanks to youtube and some dumb bitches. in their defense they were jumping the counter to go to the kitchen....
I would say that's where "intent" comes to play. Did the guy purposely break an arm and crack a skull? Was he hitting them to get them to stop and that was just the end result?
This, like CCW situations can be explored in a hundred different "what if's" and come up with as many answers.
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.
I was really hoping this guy would get off.
LOLZ. This day just keeps getting better. (re Bedlam)
my question is, if you were there in the middle of the entire thing going on what would you do? if you were a customer? do you just watch, do you stop him? what would you have done??
