No Justice

[Ashley0616]

No charges for students who beat Nex Benedict the day before he died - LGBTQ Nation

[Ivy]

Didn't really expect any.

[VickySGV]

The state AG's office and Federal prosecution agencies are still in line on this if the report is bad.  I am glad there is finally one brief comment on the medications which are both meds I have taken by under medical direction at the same time with only the mildest level of remaining side effect.afterward, noting I am here to talk about it.   I am still waiting to hear more on a couple of potential medical malpractice issues involved in this one.  Hint; one involves my recent renewal of my First Aid /CPR certificate.

[awkward-yet-sweet]

Three-on-one is "mutual combat?"  Seriously?  Unless its my GF, people usually don't go into a situation with 3-to-1 odds willingly and unarmed.  While I wouldn't expect charges related to Nex's death given the blood toxicity reports, I'd think that perhaps a simple assault charge might be in order. 

[Ivy]

8 hours ago, awkward-yet-sweet said:

I'd think that perhaps a simple assault charge might be in order. 

You'd think so.  But then, being transgender is provoking to decent people./s

[Charlize]

A simple assault doesn't involve "battery" or any physical contact.  Those involved should face serious charges whether their death was suicide or not.  That holds true even if they were trans.

 

Hugs,

 

Charlize

[VickySGV]

1 hour ago, Charlize said:

A simple assault doesn't involve "battery" or any physical contact.

My Law School text book on Basic Crimes defines an Assault as "putting one in fear of harmful or offensive bodily contact"  but the element of the perpetrator being able to complete the element of contact is needed.  Going on, Battery is defined as "harmful or offensive bodily contact against another person".  After spending 6 nights on those two topics, then we spent another four nights on what "Self defense" entailed, the circumstances for that claim were there, but only a couple allowed killing the other person or giving an injury more sever than the ones inflicted on the original victim.  None of the others reportedly needed medical treatment.

[Charlize]

That is also how our son ,a public defender, has defined the difference.  Prosecutors often seem to try to combine the two for harsher sentences but in NJ and it seems CA as well battery battery requires contact.  Somehow throwing cold water on someone who is assaulting you verbally doesn't warrant a self defense defense in this senecio.  Certainly not the battering that was given by 3 hostile males that they received.

 

Hugs,

 

Charlize