RaikuFA said:
and what have the coworkers get fired over it? you know theyd get fired for even touching her
They wouldn't get fired for touching a customer if she is acting hostile towards them.
docSpitfire said:
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.
It still doesn't mean the man is allowed to attack her. Honestly, its a bad case of the bystander affect at play (In both the crowd and the coworkers). And when I say a deadly weapon, I mean that by the legal definition of a deadly weapon.
"A weapon is generally something used to injure, defeat, or destroy and may cover many types of instruments, such as a blackjack, slingshot, billy, metal knuckles, dagger, knife, pistol, revolver, or any other firearm, razor with an unguarded blade, and any metal pipe or bar used or intended to be used in a club, among others." -
http://definitions.uslegal.com/w/weapon/
Under that definition, what he used was indeed a deadly weapon.
Darius Brogan said:
Yes, there was probably a plethora of alternative options open to most people, however, he has a history of violence, and is more than likely not completely stable.
His reaction to the situation is exactly was would be expected of someone with major anger issues.
If you noticed when he grabbed the bar, he had to seriously reach over the back, telling me that there wasn't much opportunity to get into the back via an open path, and he therefore couldn't have gone out the back door.
The two women deliberately penned him in so he couldn't get away from them, presumably so they could continue their verbal and physical assault.
The simple fact that the man attempted to walk away in the first place, given his mental instability, is a sign of self control. When the women penned him in, it was obviously the end of his rope.
And his history will probably get him a harsher sentence since he is a repeat offender. And if it is exactly what you would expect, would you hire this man?
And I suppose you could put some blame on the coworkers for even allowing that woman to climb up and over the wall and allow her to just keep going without any intervention. I'm not saying one party is wrong and one party is right. I'm saying both parties were idiotic in the end, but he didn't have to be. It was avoidable and it could have been prevented, but it was not and now one man is probably going to prison. What I'm being bothered by is the large attempts at justifying his actions. He wasn't justified in striking that person multiple times, especially after they stopped harassing him and were sobbing on the floor (You can hear him strike her again at about 55 seconds in after he initially stopped.)
Fact of the matter is, you can't justify either side.