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by Keith B
Thu May 24, 2012 11:04 am
Forum: The Crime Blotter
Topic: Woman beaten inside her car at McDonald's drive thru
Replies: 59
Views: 5371

Re: Woman beaten inside her car at McDonald's drive thru

Valor wrote:
mamabearCali wrote:
Two people assaulting one person who is trapped in their car...no I don't think the defense would find that a challenge. Just because a person makes the (slightly foolish--but not illegal) statement of "thats not cool" does not mean they are ready to fight it out. They are commenting, perhaps not wisely, but certainly not illegally. And they do not lose their right to self defense because they talked with someone who then beat them up.
After investigating the incident, a witness came forth stating the assaulted woman initially provoked the assailants by calling them "low life scum and it was not cool." From this story, we have only heard one side. Regardless, any attack less than aggravated will be an increasingly challenging fight for the defense. The use of mace or a tazer is a more acceptable form of defense in this case. At the end of the day, it is your life and if you truly are in fear of your life and need to use a gun it better be justified in the eyes of the judicial system and jurors. In court there are 4 truths; Defense presentation, Prosecutor presentation, what really happened and what the jury believes.
but that she could not have legally defended herself because she had said something completely legal to them. This very much bothers me. It is part of the reason that people think they can beat someone up with no consequence. The attitude that you were there and these people did something criminal, so it is your fault. That I find really infuriating.[/
She can legally defend herself from the attack. But it is not easy convincing the court that a gun had to be used from a punch in the face and bit on the finger and the assailants did not have a deadly weapon. There are consequences. Being one’s own judge and jury can be costly.
Actually, in this case, while she may have verbally made a comment and called them a name, that does not consittue provocation and justification for them to assault her. It may have been dumb, but was not illegal and the BG'sescalated it way beyond words.

As for her level of justification, there is a disparity of force here. She is female, older and there was one of her and four of them. I feel she had every right to believe her life was in danger and use any means to stop the attack.

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