maddawg IAJI said:
docSpitfire said:
start as an act of self-defense
It was never self-defense. These people were not a threat to him and even if they were, you can't claim self-defense with a deadly weapon (such as a metal rod) unless they're equally armed. That's the law in Massachusetts, but regardless of where this is, he threw the self-defense idea out the window when he continued to beat her. He'll probably still get anger management, but he's going to go to those lessons via prison transport. You don't assault someone with a deadly weapon multiple times and not get thrown in jail because the person you were striking pissed you off. The world doesn't work that way.
It took place in New York where I'm guessing that law is not in effect.
Also if it had been insults and slapping, you'd be correct, it was the hopping over the counter and pursuing someone into the kitchen that suggests to me that they were going to continue to assault him, and I think anyone working a fast food job like that would assume the same.
Also are we looking at the same "metal rod" I mean that is not really a "lethal weapon" anymore than "heavy shoes" are. yes you could kill someone with that with enough repeated assault, but then again with enough repeated assault you can kill someone without a weapon. In my mind a deadly weapon would be more, gun, blade, baseball bat (mass of this is enough to kill a person in a single blow)
So I think he was justified in picking up the rod and threatening them, and if they continued to approach (as self defense does not require that you actually be assaulted just that the reasonable threat of being attacked exists.) striking them as a means of defending himself. I do not think repeatedly striking them on the ground was justified (which is why I said it started as a defensive action but clearly he crossed the line from defense to aggression pretty quickly) I do think the charges he received were completely spot on.
Also quick note about one of your other posts (in which you mention he should have called a manager) if the NY McDonalds is anything like the ones I've been to on the west coast, the one in red not doing anything like the rest of the employees was either a shift-leader or a manager.