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Guys,
Re: the murder charge. Very similar case in Guilford County, NC a couple of years ago. Woman arguing with her boyfriend fires handgun into the air. Person several blocks away killed by projectile falling back to earth. (We will not get into the physics here, but be aware large caliber weapons have significant velocities by the time they return. The case was made on balistics evidence.) Proper charge was 2nd degree murder under NC law(killing of a human without premediation. The malice comes from an act done without regard for life.) Your states definition of the murder degrees may vary.
Re: the batter attempting to duck the throw by F2 and inadvertantly striking the ball. I'll quote the Fed rule, as that is what I'm studying this time of year. Mike can compare the ASA rule.
"7-3-5...A batter shall not interfere with the catcher's fielding or throwing by leaning over home plate, by steping out of the batter's box, by making any other movement which hinders action at home or the cather's attempt to play on a runner....."
The ducking to attempt to move out of the way is "any other movement". F2 has the right to expect the batter to not move into the path of the thrown ball with her person or equipment.
I have never seen this exact play, though I have called BI on a batter who was trying to duck a throw and tangled with F2. The play is not my original play. It was a teaching example that uses the extreme to make a point. Much like the example of F3 falling on the ground while holding a thrown ball and having her hair touching 1st base before the BR reaches it.
I stand by my statement that this play would be BI.
Roger Greene
ps/side note. In baseball BI is a delayed dead ball and if the throw by F2 retires the runner the inteference is ignored and the ball stays live. Sometimes my confusing the codes makes the call appear too slow when doing softball.
[Edited by Roger Greene on Jan 17th, 2003 at 08:10 PM]
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