Comments

1
So, if the kid didn't hit back, the guard might have been charged? Nice. It's not assault unless the victim shuts up and takes it.
2
@PDXwahine - Uh, yeah. Because then it's mutual combat. Is that hard?
3
@Reymont: So self defense protects the aggressor from being charged with battery? I call bullshit.
4
Does this mean we get to punch folks (not you blabby, but tempting...) and if they punch us back it's not a crime? I would like to have that in writing from the cops and DA before I test it out.
5
In Reymont's world, any assault is justifiable if the victim attempts any type of defense.
6
Wow, rare unity in the forum. If one of the fighters hadn't worn a uniform, I'm sure none of you would be so incensed; it's only because you love to hate authority that you're so turned on by this.

Here's the explanation of "mutual combat," from www.expertlaw.com. Can't vouch for their veracity - they were the first Google hit. Feel free to do your own research before pretending your opinions and feelings have any importance to the investigation, of course.

"Voluntary (Mutual) Combat
Where the plaintiff voluntarily engages in a fight with defendant for the sake of fighting and not as a means of self-defense, the plaintiff may not recover for an assault or battery unless the defendant beat the plaintiff excessively or used unreasonable force. If two people voluntarily enter a brawl, it is unlikely that either will be able to sue the other. However, if one falls, and the other takes advantage of the situation by kicking him and causing injury, that act may well be considered to be an excessive use of force which would support a cause of action."
7
@Reymont: Okay, I'll bite. I'll even ignore the bit about "for the sake of fighting," since I'm pretty sure that that wasn't the goal of either party, but lets say it was...

We pay taxes for city employees [contractors] to participate in gladiator contests at night in Pioneer Square?!?

And that is okay with you?
8
@Reymont I get what you're saying, but do you really think this was mutual combat? The skateboard kid WANTED to fight the guard? I find it much more likely that he suspected a second punch was coming and started hitting back, rather than to just stand there and be a target. The guard escalated first, the kid escalated in response. The kid didn't "enter voluntarily into a brawl," the brawl started ON him and he chose a response.

There's a reason that when a fight starts on the playground, the kid who threw the first punch gets the stiffer penalty.

Additionally, we're in a comment section for a news story.. the general idea is for me to air my views. I'm not pretending my opinions and feelings have any importance to the investigation. I'm commenting. Is that hard?
9
@Reymont

Come on, a PPS uniform is as good as a Best Buy uniform.

Please wait...

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