dryheat44
Experienced Starter w/First Big Contract
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CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.Well, excessive it might be, but he tried to hit him (assault), and did make physical contact (battery).Assault and battery? That's a little excessive.
Assault and battery? That's a little excessive.
Lame. But Goodell's NFL is running the show and they need to make an example out of this guy.
OTOH, I think Seau would have had to fill out a statement for this guy to be charged with battery.
No, that would be the District Atty.
Once again wrong, there is more than enough evidence to charge him without Seau filing a complaint.
Where I come from, normally no complaintant, no case (unless the victim is dead). There's a ton of other charges the DA could have filed against this guy that don't involve Seau feeling personally threatened.
And, come to think of it, let me play Devil's advocate here--what if he had, say, tackled Kurt Warner and in the process torn Warner's ACL?Well, excessive it might be, but he tried to hit him (assault), and did make physical contact (battery).
Very rarely will a DA take a case to trial if the victim is not going to cooperate as a witness.
Very rarely will a DA take a case to trial if the victim is not going to cooperate as a witness.
It is sometimes done in spouse abuse cases and frequently done in child abuse case. I know of several statutory rape cases where the victim testified on behalf of the defendant.
In this case he was arrested. The police that arrested him saw the incident, their report was more than enough to get him charged. Most of the time when someone is assaulted it is not in front of the police so you need the victim to complain.
We should take this to the legal forum but normally simple battery is defined something like "intentional touching in a rude, insolent, or angry manner." This dude was tanked, in the X-mas spirit, and saying "I love you man." Not much to hang your hat on unless Junior says he felt threatened or that, in his opinion, this guy was out to hurt him.
Again there's just a multitude of more appropriate charges to be made here.
Where I come from, normally no complaintant, no case (unless the victim is dead). There's a ton of other charges the DA could have filed against this guy that don't involve Seau feeling personally threatened.