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Baseball Primer Newsblog — The Best News Links from the Baseball Newsstand Saturday, July 26, 2008Dayton Daily News: Peoria pitcher in jail facing assault charge
Chicago Tribune/AP: Cubs prospect faces felony count after brawl NTNgod
Posted: July 26, 2008 at 12:27 AM | 24 comment(s)
Related News: General, Minor Leagues, Chi Cubs |
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"ยง 2903.11. Felonious assault.
(A) No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.
[...]
(D) Whoever violates this section is guilty of felonious assault, a felony of the second degree. If the victim of a violation of division (A) of this section is a peace officer, felonious assault is a felony of the first degree. If the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, and if the victim suffered serious physical harm as a result of the commission of the offense, felonious assault is a felony of the first degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
(E) As used in this section:
(1) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code."
there is no way in hell the pitcher meets the intent requirement given that he had zero intention of braining someone in the stands. if it included "knowingly or recklessly" instead of knowingly they'd likely have him. if it included "knowingly, recklessly, or negligently" they'd certainly have him. but the simple fact is this kids mens rea does not rise to the level of felonious assault. further, if I'm his lawyer I'd be checking into caselaw on thrown baseballs used as a deadly weapon, because they simply aren't. now, plain assault i think they could get him for (that has a lessened intent requirement)- and it still carries up to a year of jail time.
of course, considering how biased towards the prosecution our criminal justice system is, the kid is totally ###### regardless of how good his case is on the legal merits.
Wasn't the person hit injured? That would come in under A.1, I would think.
It's been years since I practiced immigration law in any way, shape or form, but even pre-9/11, an immigrant could be excluded/deported for having committed an "aggravated felony" as defined by Federal law--even though, in some cases, that offense was classified as a misdemeanor under state law (for instance, crimes involving violence were often treated as "aggravated felonies" in the immigration context even if state law labeled it a misdemeanor). So he may be jolly well ###### anyway.
The kid made a huge mistake, and should probably be cut from the team or suspended and fined. But up to eight years in jail is wrong. If you watch the youtube, most of the fans were enjoying the entertainment value of the fight.
The warning is related to normal baseball activity, at which point the fan is on notice to be aware. That phrase certainly doesn't mean that an usher can casually walk up to a fan and throw a ball at the fan while the fan isn't looking.
8 years in jail is wrong; a suspension or fine is a bit light, IMHO. Should we look at the offender's walk rate to see whether his hitting the fan was intentional or not? Is he prone to throwing the ball up in the strike zone?
just because you go to a hospital does not mean you were physically harmed. The woman who got hit by Randall Simon's bat in Milwaukee got medical attention too.
Fortunately, they can try to claim that a baseball is not a deadly weapon since nobody in the majors has been killed by a pitch in 87+ years.
Maybe if they forced him to watch "Alexander", "Pearl Harbor" and a Madonna movie as additional punishment.
it says serious injury, and i'm sure serious injury either has a definition elsewhere in the code or one accepted by the top court in Ohio.
actually, the more i think about it, intent might still be satisfied if he intended to hit a particular other player and just missed instead of getting pissed off and throwing a ball into the dugout not caring where it went. still, i'd make the reckless instead of knowing argument.
And then we must ask, what is the relevant difference between this and a pitcher throwing at a batter in the batter's box? Or how about the Ben Christensen incident?
"He should have asked himself what would Jesus do."
He chose crucifixion, didn't he?
Why I should die
Would I be more noticed
Than I ever was before?
Would the things I've said and done
Matter any more?
I mean, really, if somebody pulls a gun and shoots at you, but hits the guy standing next to you, what is that? "Attempted murder and manslaughter"? Or is it "murder"?
To be clear, I'm not a lawyer, and I'm not saying that the people who are arguing this are necessarily legally wrong. I'm just saying it's stupid, regardless of whether it's legally correct or not.
"Crucifixion?"
"No, freedom"
"Really? Well, off you go then"
"Just kidding, it's crucifixion."
It likely wouldn't be manslaughter, it would be felony murder.
it's an issue of oblique intent, and it depends on the jurisdiction. generally, though, events that occur from a course of action are held as knowingly done if a reasonable person should have realized at the time of the act that they could happen. so really, i was wrong in my first post.
If you don't possess the requisite intent, then it would merely be reckless, rather than intentional.
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