Warning: it's pretty graphic
http://www.break.com/usercontent/200...ht-533306.html
I heard the guy died.
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Warning: it's pretty graphic
http://www.break.com/usercontent/200...ht-533306.html
I heard the guy died.
Love the way the no one even put down their beer to help him, LOL !
Well, if he did die, not only is Mr.Yellow in trouble with the law, but so are the guys that STOPPED the people from helping Mr.Red when Mr.Yellow was beating him while he was helpless.
What have we learned from all this?
Don't elbow people and just stand there with a stupid look on your face.
Keep your chin down when getting punched.
Careful who you pick a fight with, he may not have an "off switch".
If they guy did die, Mr.Yellow wil also learn the valuable lesson of "degree of severity".
actually, if this is the usa:
yellow is not in trouble as he has a legit self defense claim because red attacked him first and there is a witness.
only one guy, the witness appeared to be interfering, but ultimately, it was broken up quickly.
if red died, yellow will not be held at fault because he was attacked first.
I believe that when that happens you are allowed to defend yourself, especially in a fist fight.
Your wrong. Even in Texas, which has a broad use of the term 'self-defense' he would be charged.Quote:
Originally Posted by David Jamieson
The law says you are entitled to defend yourself UNTIL the threat is removed. A guy who is out cold, face down is no longer a threat.
The 'Hockey Dad' case in the USA is good example.
Beating the life out of someone doesn't fall into the same category as defending oneself.Quote:
Originally Posted by David Jamieson
Civil cases can be brought after the fact, even if the defendant won the initial criminal case with a self defense plea. Ever heard the term "excessive retaliation"?
I thought the reasonable force limitation was used in US law - except in cases of home invasion...
Incorrect.Quote:
Originally Posted by David Jamieson
I see that Ibad65 already addressed that.
Even in home invasions, though the degree does fall on the courts definition.Quote:
Originally Posted by SimonM
Yep and to top it all off, everythign was on video and it shows that, while RedMan hit first he hardly did any damage, certainly the degree of the retaliation was FAR ABOVE the attack, not to mention RedMan was down and defensless while Yellowman hit him over and over and over and even after that stomped and kicked him in the head and, to top it all off, left him there.Quote:
Originally Posted by 1bad65
Are you serious? Good thing you are not an attorney...Quote:
Originally Posted by David Jamieson
On the other hand, you should KNOW WHAT THE LAW IS CONCERNING SELF DEFENSE IF YOU ARE TEACHING PEOPLE TO DEFEND THEMSELVES....DON'TCHA THINK?
A little irresponsible if you don't...
I watched that video last night.
That wouldn't constitute reasonable self defense anywhere.
In David's defense he lives in Canada and, as such, only really needs to be versed on Canadian defense laws to be an effective instructor. I doubt you expect American instructors to know Mexican defense law after all. ;)
He got elbowed once and then there was considerable distance between them, the guy who elbowed didn't advance toward him, thus the entire episode would NOT be "self defense"
AFter the guy fell down completely out, my guess would be you might be even able to charge him with attempted murder
I sent this clip to a buddy of mine who is prosecuter for the Crown here in Ontario and he said that not only would YellowMan be charged, the one guy that stops the bystander from interfereing/helping, would also be charged as an acomplice at worse and with interference at least.
ok, so i can accept that legally I am incorrect.
Having said that, while the guy went overboard, I see that as well, he was attacked first and in my opinion was in the right for giving the guy a licking.
That the guy in red went down like a sack of potatoes and should have been left after that I agree, but the nature of rage is strange and many people can't regulate it or control it.
I personally would have reciprocated after being attacked like that. I think most of you would too and I seriously doubt that you would care much about the law if someone elbowed you in the face.
**** straight.Quote:
Originally Posted by sanjuro_ronin
I mean... in some ways I thought that guy was even more reprehensible than the guy issuing the beating. I mean... at least that guy had something that could resemble provocation even if his reation was entirely out of proportion. But for a third party to interfere with a person who clearly came in to break up the situation....
Disgusting.
I hope they both faced charges, wherever they were.
David: There is reciprocation and then there is reciprocation.
Understandable reciprocation would be punching the guy once and telling him to go screw himself.
Beating the guy into the pavement and then continuing to beat him for a while after he dropped is not understandable.