Man Gets Probation for Fatal Assault

[The Annoyed Man]

Another link that someone sent me:
http://www.montereyherald.com/news/ci_1 ... ck_check=1

In a lengthy statement in a halting voice, Moore expressed sorrow for Davis, as well as his family and friends, said he accepted full responsibility for his actions, which he called "an error in judgment," and asked the judge for "a second chance."

"I have a much deeper understanding of life, death, relationships and responsibility (as a result of the crime)," Moore said. "I will forever carry the burden of this man's death, and I'm asking for an opportunity to be a good role model in society."

Moore's attorney, Paul Meltzer of Santa Cruz, characterized his client as the father of a 6-month-old son, a college graduate with an excellent work history as an engineer, and a person known for being kind, gentle, concerned for others, honest and family oriented. He said the evidence showed that Moore pushed Davis once without further violence or threats, and said his client never intended to seriously harm Davis.

Meltzer said Moore had no history of ill feelings toward the homeless, pointing out that he volunteered at Bay Area soup kitchens on numerous occasions, and had given his time to Habitat For Humanity, building homes for the indigent.

Prosecutor Gary Thelander acknowledged Moore's apparently exemplary life, but asked Hayes for a sentence of felony probation — not a misdemeanor. He made a dramatic point when he turned to the packed courtroom.

"Would all of the people who are here today for Mr. Davis please stand up?" Thelander said.

When no one stood, Thelander turned to the judge.

"There is no one to speak for Mr. Davis except, apparently, me — a member of the government," he said. "This is how the system is supposed to work: Everyone should have a voice — even Mr. Davis."

Thelander described Davis as a man, obviously drunk, who moved with a gait that was more of a shuffle.

"What Mr. Davis was asking for was an opportunity to wash windshields to earn a living to buy something to drink, or to eat, or to keep himself warm," said Thelander, who noted that Davis "wasn't born homeless to disenfranchised" and served as a United Nations peacekeeper for three years in Lebanon.

Thelander said surveillance video showed Davis backing away from Moore's girlfriend as she walked toward him, apparently shouting, before Moore knocked him down.

The judge said his review of the video showed that although Moore pushed Davis, there was no forceful tackling, and that Moore immediately stepped back and raised his hands after Davis fell.

"To me, that's an indication that Mr. Moore was surprised that the victim went to the ground, which may or may not be due, in part, to the intoxication of the victim," he said. "What I saw in the videotape did not rise to the level of felonious contact."

All of this squares with both what others have said AND with what I've said. Davis exchanged words - we don't know what words - with Moore's girlfriend, and then Davis WAS RETREATING from her, with her advancing toward him, at which point Moore rushed Davis and knocked him down.

Moore's initial reaction was in appropriate, as Davis was retreating, but he also seems surprised at how easily Davis went down, and he steps back, indicating that even he was aware that Davis was not a real physical threat.

I want to be clear that I don't condone drunken homelessness. But even homeless drunks deserve a bit of mercy from those whose comfortable lives insulate them from how pitiless the world can be when you're a homeless bum.

[Oerlikon20mm]

Different facts lead to different conclusions.

[The Annoyed Man]

Different facts lead to different conclusions.

I'm mainly interested in the finding of fact in the courtroom. Those are the facts which happen to support my position - including the videotape of the even, I might add. Anything else is speculation, driven partly by disdain for the homeless.

[Oerlikon20mm]

Ask a different question and get a different answer. Political pollsters do it all the time.

[larryp7639]

I think the issue is he plead 'no contest' to the event. I'd be willing to bet there is a little more to this than just one push. Even if not, I have seen cases where the person could have probably beaten the charge and been found not guilty with a good lawyer, but were talked into pleading no contest by the DA and/or their lawyer in an agreement of guaranteed probation vs. the uncertainty of potential jail time.

I also think so.

[fickman]

Fighting with the homeless?

You can't win. You COULD get hepatitis. You COULD get AIDS. You COULD get arrested. You COULD lose a lot of money. In the court and the media, you COULD look like the bad guy, hurting an "innocent victim of society".

I've never been an in a situation with a homeless person that I couldn't walk away from, no matter how aggressive their technique was. If it's one of the bad apples intent on really pestering you, acknowledging them is the worst thing you can do. Start calling the police and I doubt they'll still be there when the police arrive.

Defend yourself if you genuinely fear for your life or serious bodily injury, but other than that, even a taunting / jeering / swearing transient can't hurt you with their words.

[KD5NRH]

All of this squares with both what others have said AND with what I've said. Davis exchanged words - we don't know what words - with Moore's girlfriend, and then Davis WAS RETREATING from her, with her advancing toward him, at which point Moore rushed Davis and knocked him down.

There are two reasons to back up in a fight; giving yourself room to turn and run, or giving yourself distance to try a different approach. Davis didn't turn around and leave, but remained facing the girlfriend, which certainly implies a continued threat to her.

he also seems surprised at how easily Davis went down, and he steps back, indicating that even he was aware that Davis was not a real physical threat.

That doesn't even make sense; if Moore "was aware that Davis was not a real physical threat" then why would he have been "surprised at how easily Davis went down?" If I push a toddler and he falls, I won't be surprised at all, but if I knock Chuck Norris over with a shove, I'll be a bit astonished.

[The Annoyed Man]

Ask a different question and get a different answer. Political pollsters do it all the time.

As I said, the courtroom is the final finding of fact. The events as commented on by the judge, the prosecutor, defense counsel, the accused, and the videotape support my conclusion - not yours. You're entitled to your own opinions, but not to your own facts. Based on those facts, as determined by the court, my opinion is that Moore is not a vicious killer, thus he does not deserve prison; but he did cause a man's death - and whether or not you think his use of force was justifiable, that use of force did cause Davis's death, there can be no question about that - and therefore he does deserve probation for assault with force likely to cause great bodily injury.

I never argued for prison. I never called him a murderer. All I've said all along about Moore is that his action had the consequence of causing the death of another human being, for what seem like very trivial reasons, and therefore his actions were inappropriate. The court agrees with that assessment. And by the way, so does the accused.