Wal-Mart Pepper Sprayer May Not Be Charged

Feb 13, 2008
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Simple:

If she was competitive shopping, she needs to be charged with Assault with a Deadly Weapon.
If she was defending herself, she needs to be charged with Breach of the Peace.

Walmart need to be charged with numerous Health/Safety offences though, because I doubt there's been an H&S Audit on the probability of Potential Assault within a Riot situation though.

Yeah, Laws can work both ways.
 

Kopikatsu

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The_root_of_all_evil said:
Simple:

If she was competitive shopping, she needs to be charged with Assault with a Deadly Weapon.
If she was defending herself, she needs to be charged with Breach of the Peace.

Walmart need to be charged with numerous Health/Safety offences though, because I doubt there's been an H&S Audit on the probability of Potential Assault within a Riot situation though.

Yeah, Laws can work both ways.
I don't know...depends on the situation.

I mean, people do literally get trampled to death and stabbed over the Black Friday sales. Which is ridiculous and honestly, I have no idea why it happens. Still, it does happen.

Also, the English 'breach of the peace' and the America' breach of the peace' are different. In England, it refers to riotous behaviors while in America it's just retardation. (Being drunk in public falls under breach of the peace, for instance).

'Course, you could be right and pepper spraying crowds might fall under the American version. I don't know.

Edit: I don't think pepper spray is a 'deadly weapon', though.
 

Dastardly

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Apr 19, 2010
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Crono1973 said:
If she went overboard, she isn't innocent.
Depends on what you mean by "innocent." If she went overboard defending herself, she is innocent of "spraying people to get to the XBox deal." She may not be innocent in the sense of "having done nothing wrong," but there's a big difference between accidental excess and malicious assault.

In the end, it's not about whether or not she did or didn't. It's about whether or not it can be proven that she did. And the cops are saying, "In the end, we probably can't prove it beyond a reasonable doubt. It's not worth the money and paperwork to make this a criminal case."

Now, a civil case? That's another matter entirely. And separate from the cops...

Andy Chalk said:
What I like about stories like this are how people are either going, "Stupid police acting without thinking, typical psycho assholes," or when something like this comes to light it's, "Stupid police thinking about it too much, they should just arrest her, she obviously did it."
 
Feb 13, 2008
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Kopikatsu said:
I mean, people do literally get trampled to death and stabbed over the Black Friday sales. Which is ridiculous and honestly, I have no idea why it happens. Still, it does happen.
*KLAXON*

One person died from being trampled, one person died of a heart condition. All the rest are deaths that happened to be near Black Friday.(And that's in the entire catalogue of Black Friday's)
Edit: I don't think pepper spray is a 'deadly weapon', though.
'tis if you have asthma or are...in the middle of a crowd fighting for air.
 

BrionJames

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Without any witnesses there's no way to tell if she's innocent or guilty. Maybe charges should be levied against Wal Mart for not handling these Black Friday sales properly. I for one think they should, inhuman bastards.
 

kayisking

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The_root_of_all_evil said:
Simple:

If she was competitive shopping, she needs to be charged with Assault with a Deadly Weapon.
If she was defending herself, she needs to be charged with Breach of the Peace.

Walmart need to be charged with numerous Health/Safety offences though, because I doubt there's been an H&S Audit on the probability of Potential Assault within a Riot situation though.

Yeah, Laws can work both ways.
Uhm... Is pepper spray considered a deadly weapon in your country (not mocking you, just asking)?
 

Kopikatsu

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The_root_of_all_evil said:
Kopikatsu said:
I mean, people do literally get trampled to death and stabbed over the Black Friday sales. Which is ridiculous and honestly, I have no idea why it happens. Still, it does happen.
*KLAXON*

One person died from being trampled, one person died of a heart condition. All the rest are deaths that happened to be near Black Friday.(And that's in the entire catalogue of Black Friday's)
http://www.uncoveror.com/blackfriday.htm
http://www.ranker.com/list/13-most-brutal-black-friday-injuries-and-deaths/john-barryman

Not exactly.
 

Kopikatsu

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BrionJames said:
Without any witnesses there's no way to tell if she's innocent or guilty. Maybe charges should be levied against Wal Mart for not handling these Black Friday sales properly. I for one think they should, inhuman bastards.
If by 'not handling Black Friday sales properly' you mean that they don't have full scale riot squads armed with shotguns, tasers, and teargas, then no, I suppose they didn't handle the sales properly.

A few years back, people actually broke the doors to a Wal-Mart down in order to get inside. (And trampled one of the employees to death, then complained when told that they had to leave because they murdered someone).

The only solution is to just not have Black Friday at all. Cancel the goddamn holiday. It's obvious that people can't handle it.
 

Andy Chalk

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Kopikatsu said:
Anthony Wells said:
OLD man. obviously not trying to shop lift. gonna be charged with it. YOUNG woman who may have been out to intentionally harm people selfishly. not gonna be charged. makes perfect sense to me.
1. The old man did shoplift, by the letter of the law. Regardless of intent what he did is considered shoplifting by Arizona state law. No, you don't have to leave the store for it to be shoplifting. Actually, if a shoplifter leaves the store premises with the stolen merch, then they can't legally be stopped. Also, no criminal charges have been brought against him yet since the incident is still under investigation. (That last sentence is REALLY important)

2. The key phrase there is 'may have been'. While 20 'hits' is a bit excessive, I could believe that she did it in self defense. Black Friday is the day when everyone goes absolutely batshit.
arizona's state laws need changing, that's just plain backwards.
 

Loki J

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winter2 said:
Sweet.. so next year we can bring a tazers and state it was in self defense..

I waz gun'git stampeeded! i feered fer mah laife!
Ahahahaha! Dude, you made my day!

Z
 

VanTesla

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I don't even have to read much before it makes me sick of how certain places in our society find this acceptable... People that go this nuts need to be put down. I know I sound extreme saying that and I admit I do not truly mean it, but it does make me think it may not be such a bad idea...
 

Andy Chalk

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Kopikatsu said:
BrionJames said:
Without any witnesses there's no way to tell if she's innocent or guilty. Maybe charges should be levied against Wal Mart for not handling these Black Friday sales properly. I for one think they should, inhuman bastards.
If by 'not handling Black Friday sales properly' you mean that they don't have full scale riot squads armed with shotguns, tasers, and teargas, then no, I suppose they didn't handle the sales properly.

A few years back, people actually broke the doors to a Wal-Mart down in order to get inside. (And trampled one of the employees to death, then complained when told that they had to leave because they murdered someone).

The only solution is to just not have Black Friday at all. Cancel the goddamn holiday. It's obvious that people can't handle it.
what the hell
that actually happened.
Who can't wait for opening. What the hell is wrong with people.
Im sad now.
 
Feb 13, 2008
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kayisking said:
Uhm... Is pepper spray considered a deadly weapon in your country (not mocking you, just asking)?
At the moment, peanuts are considered a deadly weapon here. ;)

Given the confines of where it was used, I think "potentially fatal" would fit.

Kopikatsu said:
http://www.ranker.com/list/13-most-brutal-black-friday-injuries-and-deaths/john-barryman
Not exactly.
1/ Mentioned 2/Not appropriate 3/ Unrelated 4/ Not appropriate 5/Paralysed 6-13/ Not appropriate (usual frenzy)

Uncoverer has no sources at all and is probably a FUD site.

So, 2 deaths, 2 tramples and 1 paralysis in 36 years.
 

VanTesla

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wooty said:
Rawne1980 said:
wooty said:
Phhh, if that was in Britain then there would of been a complete storm around this story....and law suit courts.....and possible racial motivation investigations......and LIIIEEEES!
Where in Britain have you been?
Bit of lingering rage from earlier there, but I'm in Southport where there was some ruckus on saturday night, some guy who happened to be Latvian, got beat up outside a nightclub and claimed it was racially motivated....

All well and good except the guy who hit him was much too pissed to even realize he was human. So naturally he's suing
Well of corse people are going to use the race card if they can... This brings up another problem that goes a bit off-topic... Frivolous lawsuits that waste peoples time, tax money, and in some cases ruin a victim of some suits lives...
 

Mrmac23

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Dear Humanity:
For fuck's sake, stop making me lose my faith in you every 7 minutes. Seriously it's not good for my already dwindling sanity stop it.
Lots of love vicious hatred,
Mrmac
 

Andy Chalk

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DVS BSTrD said:
You'd think someone who worked with the LAPD would be well acquainted with phrases like "excessive force" and "criminal assault"
Its kind of hard to say excessive force when people have literally been killed by shoppers on black friday. I dont think its excessive to pepper spray a crowd of people when they are threatening your life.
 

mjc0961

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Nov 30, 2009
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The_root_of_all_evil said:
Walmart need to be charged with numerous Health/Safety offences though, because I doubt there's been an H&S Audit on the probability of Potential Assault within a Riot situation though.
You know, that's what I thought too when I got to the end of this article. "How about they find something to charge Walmart with?" Every year its something to do with people getting stampeded or almost getting trampled or something. They should find some other way to do this already.
 

Epona

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Mrmac23 said:
Dear Humanity:
For fuck's sake, stop making me lose my faith in you every 7 minutes. Seriously it's not good for my already dwindling sanity stop it.
Lots of love vicious hatred,
Mrmac
Dear Misanthropist,

Self loathing is no longer funny nor cool. Please update your records.
 

BrionJames

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Kopikatsu said:
BrionJames said:
Without any witnesses there's no way to tell if she's innocent or guilty. Maybe charges should be levied against Wal Mart for not handling these Black Friday sales properly. I for one think they should, inhuman bastards.
If by 'not handling Black Friday sales properly' you mean that they don't have full scale riot squads armed with shotguns, tasers, and teargas, then no, I suppose they didn't handle the sales properly.

A few years back, people actually broke the doors to a Wal-Mart down in order to get inside. (And trampled one of the employees to death, then complained when told that they had to leave because they murdered someone).

The only solution is to just not have Black Friday at all. Cancel the goddamn holiday. It's obvious that people can't handle it.
Be that as it may, you know they would never shut it down. What's a few deaths compared to a couple million dollars? If they really gave a shit about people they wouldn't be open that early in the morning, so no they aren't handling it properly. Why isn't local law enforcement involved? Maybe the presence of some bubble lights and some badges might cool everyone down.
 

ConstantErasing

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My take: whether it was motivated by self defense or a competitive shopping technique is hard to say. What isn't is that pepper spraying 20 people in what sounds like many different areas of the store is excessive, so I say she should definitely be charged the question is how harshly.