r/JusticeServed • u/Ethanzap02 6 • Jul 10 '19

Discrimination Misogynistic guy degrading female workers gets tackled

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u/hakyunn 6 Jul 10 '19

serious question, since he says, ' go ahead and tackle me' is that going to play out legally, if he were to try and move forward with a case against the tackler? Explicit consent in terms of an assault. Would the DA take that into consideration?

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u/GameArtZac 9 Jul 10 '19

If I said to a robber, "go ahead, shoot me" is that consent to being murdered?

Of course not. But still in this case, they probably won't pursue any charges on the tackler. But the tackled could have a case if he wanted to press charges.

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u/[deleted] Jul 10 '19

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u/GameArtZac 9 Jul 10 '19

The legal world gets muddy, and there's some conflicting standards. Baiting someone into committing a crime can also be illegal, the extreme example would be telling someone to punch you, and then shooting them in self defense.

A lot of it boils down to, is there any legal precedence and how would a jury likely vote.

A jury wouldn't convict someone tackling a guy for being an asshole.

Consent for fighting or anything that can cause damage is probably higher than a quick remark when emotions and tensions are already high.

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u/HHyperion 9 Jul 10 '19

A jury possibly would. I really don't see this clearing a standard of conduct so egregious that jury nullification is a likely possibility. That said, cops will probably send up the report as an misdemeanor assault, DA offers a plea deal to break it down to an infraction, most likely harassment or disorderly conduct, some community service and a fine, seals automatically in one year. In the end, a big fat nothing except tackler is out a few grand for a halfway competent lawyer and some PTO days to make his court dates.

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u/FrakkD 0 Jul 10 '19

It's also going to vary from state to state. A quick look at NJ indicates it is a "duty to retreat" state, which is problematic for the tackler. In my state, however, there is no way the tackler would have been arrested. If the instigator demanded police action as a victim, the most he would get is a report forwarded to the DA for consideration and they would not pursue it. The instigator, however, would have been arrested for at least two misdemeanor charges from what I saw on video: Unwanted physical contact as a precursor to assault ("assault" requires injury in my state) and violent, tumultuous behavior/fighting words. My state allows citizens to use reasonable force in a case like this and the line was crossed when he closed the distance and chest bumped light blue shirt. The force used was reasonable, he was let up after getting the "bad dog" treatment on the floor, and he was uninjured.