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-   -   Think this is MC? (https://forum.officiating.com/baseball/90506-think-mc.html)

SNIPERBBB Mon Apr 09, 2012 07:19pm

Think this is MC?
 
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Rita C Mon Apr 09, 2012 07:52pm

Quote:

Originally Posted by SNIPERBBB (Post 836586)
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No, it's assault.

Rita

SanDiegoSteve Mon Apr 09, 2012 09:43pm

Good old Austin O'Such. He should be in jail, but I guess getting suspended from his school and the team for the rest of the school year will do for now.

Dave Reed Mon Apr 09, 2012 11:11pm

Sorry Rita, I can 't resist......

For sure this is not assault, which is the crime of causing someone to fear violence may be done to them. In this instance, one can make a case for battery, which is actual violence.

Rita C Tue Apr 10, 2012 12:36am

Quote:

Originally Posted by Dave Reed (Post 836623)
Sorry Rita, I can 't resist......

For sure this is not assault, which is the crime of causing someone to fear violence may be done to them. In this instance, one can make a case for battery, which is actual violence.

Good enough for me.

Just because it was done during a game shouldn't mean anything

Rita

dash_riprock Tue Apr 10, 2012 12:45am

Quote:

Originally Posted by Rita C (Post 836627)

Just because it was done during a game shouldn't mean anything

It should mean getting kicked off the team at the very least, and possibly out of school depending on his other contributions to campus life, if any.

SanDiegoSteve Tue Apr 10, 2012 12:51am

Quote:

Originally Posted by dash_riprock (Post 836629)
It should mean getting kicked off the team at the very least, and possibly out of school depending on his other contributions to campus life, if any.

As stated in my post, he was kicked out of both for the rest of the year.

thumpferee Tue Apr 10, 2012 01:48am

I have an out on appeal on R3!

Dave Reed Tue Apr 10, 2012 02:56pm

Steve,
He was kicked off the team, but not out of school. Yavapai did recommend that he leave school, because his personal safety was very much in question, and he did leave.

Examiner.com (not the only source for the above statement.)

SanDiegoSteve Tue Apr 10, 2012 05:23pm

Quote:

Originally Posted by Dave Reed (Post 836734)
Steve,
He was kicked off the team, but not out of school. Yavapai did recommend that he leave school, because his personal safety was very much in question, and he did leave.

Examiner.com (not the only source for the above statement.)

I was going by the article in The Daily Courier from 4/7/12:

"The YC player involved was immediately suspended by the college and will be suspended from play for the remainder of the season. The college has implemented this action and will continue to work with the Arizona Community College Athletic Conference (ACCAC) on current and future sanctions following conference procedures."

Yavapai College baseball player suspended for remainder of season - The Prescott Daily Courier - Prescott, Arizona

EsqUmp Tue Apr 10, 2012 07:49pm

Quote:

Originally Posted by Dave Reed (Post 836623)
Sorry Rita, I can 't resist......

For sure this is not assault, which is the crime of causing someone to fear violence may be done to them. In this instance, one can make a case for battery, which is actual violence.

You may want to check your state laws. They aren't all the same. Where I come from, that's an assault. Battery doesn't exist in my neck of the woods.

SanDiegoSteve Tue Apr 10, 2012 08:56pm

It is amazing the things we can find to argue about on this forum.

Rich Ives Tue Apr 10, 2012 10:27pm

Quote:

Originally Posted by Dave Reed (Post 836623)
Sorry Rita, I can 't resist......

For sure this is not assault, which is the crime of causing someone to fear violence may be done to them. In this instance, one can make a case for battery, which is actual violence.

I wish more people understood that.

MrUmpire Tue Apr 10, 2012 11:24pm

Quote:

Originally Posted by Rich Ives (Post 836789)
I wish more people understood that.

In several states, assault in the threat, coupled with the ability, to cause bodily harm. Battery is causing bodily harm.

Matt Wed Apr 11, 2012 01:29am

Quote:

Originally Posted by SanDiegoSteve (Post 836786)
It is amazing the things we can find to argue about on this forum.

I don't think he's arguing so much as just stating. For the record, Minnesota considers either the threat or the act as assault, as well.

SanDiegoSteve Wed Apr 11, 2012 01:32am

Quote:

Originally Posted by Matt (Post 836797)
I don't think he's arguing so much as just stating. For the record, Minnesota considers either the threat or the act as assault, as well.

I know, but just sayin'....;)

EsqUmp Wed Apr 11, 2012 05:10pm

I am glad to see there were consequences.

Whether we want to call it battery or assault (as in the state of PA), this was a shameful act.

johnnyg08 Wed Apr 11, 2012 07:42pm

Quote:

Originally Posted by Dave Reed (Post 836623)
Sorry Rita, I can 't resist......

For sure this is not assault, which is the crime of causing someone to fear violence may be done to them. In this instance, one can make a case for battery, which is actual violence.

Depends on your state. Minnesota does not have a battery statute. So in MN, it would likely be assault.

No idea about Arizona criminal code.

johnnyg08 Wed Apr 11, 2012 07:43pm

Here's Minnesota's statute:

Assault 5

Subdivision 1.Misdemeanor. Whoever does any of the following commits an assault and is guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (Key word there)

(2) intentionally inflicts or attempts to inflict bodily harm upon another.

It would likely be the lowest form of assault UNLESS the victim breaks a bone due to his behavior then it ups the ante a bit in MN anyway:

Then it would bump up to Assault 3 and I think that would be a felony.

Subdivision 1.Substantial bodily harm. Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Definition of Substantial Bodily Harm: Subd. 7a.Substantial bodily harm. "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.

Definition of Felony: Subd. 2.Felony. "Felony" means a crime for which a sentence of imprisonment for more than one year may be imposed.

yawetag Wed Apr 11, 2012 08:40pm

Arizona Statutes

13-1203. Assault; classification

A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

DG Wed Apr 11, 2012 09:03pm

Around here he would be a CSSOB, and would likely never play again.

yawetag Wed Apr 11, 2012 10:08pm

Quote:

Originally Posted by DG (Post 836996)
Around here he would be a CSSOB, and would likely never play again.

I think that's true throughout the country.


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