Quote:
Originally Posted by 2Stonedbirds
Or, we could recognize the incident I linked to from a few months ago where a man died from injuries sustained from being attacked by a skateboard, and the perpetrator was convicted of assault with a deadly weapon and sentenced to 8 years in prison.
After you claimed swinging a skateboard could never be a deadly weapon, after you claimed you couldn't convince a jury that a skateboard could possibly be a deadly weapon.
You're full of ####.
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Full of ####? Here's exactly what I said.
"Against an individual who uses non-lethal force against you (a skateboard), you have no right to use lethal force. You would have to convince a jury of your peers that you honestly believed this was a life-or-death scenario, and an individual with a skateboard as a weapon is NOT a a life and death scenario. I really don't care who is wielding that deck, it's not a lethal weapon.
Dead? Unlikely. You're going to have to show the last individual killed with the use of a skateboard as a lethal weapon."
The story you posted was about a guy that was attacked and died
THREE DAYS LATER because he
REFUSED MEDICAL ATTENTION. He walked away from the attack and died only because he refused to get checked out by medical professionals, even after complaining to his family he felt like he had broken ribs. If they guy had just gone and got checked out, he would have lived.
So that's two attacks we've examined using a skateboard as a weapon where the victims both lived right after the events, and one succumbed to injuries because they were stupid and didn't get medical attention. Now compare that to the homicides by guns (13,600) or knives (1,700), where the victims never had a chance to walk away from the scene of the attack, and you should be able to see the pattern emerge. There are lethal weapons, and then there are non-lethal weapons. It's why the police have the option of using non-lethal force against people with various weapons. A victim in an assault dying three days later because they were stupid does not make a skateboard a lethal weapon. You really have to work with a skateboard (any blunt weapon) to make it lethal. The fact is that more people die from riding skateboards (147 between 2011 and 2015 - stay out of traffic kids) than from being attacked with one.
Now, speaking of full of ####, back to your claim of
Jason Barnes going to jail for eight years because of the attack, he was actually only given four years, on the back of the third strike rule, not because of the severity of the attack itself. Because of jail time credit, he served less than a year. The reason for the light sentence?
"Barnes was represented by Deputy Public Defender David Celli, who last week lost a motion for a new trial. Celli argued the evidence presented during trial didn’t support the jury’s verdict of guilty.
There wasn’t conclusive evidence, Celli said, that the skateboard attack was the cause of Bertain’s death."
As ####ed up as that is, that is how the justice system works. The evidence did not support the charge and the judge ruled as such. If the judge viewed the skateboard as a deadly weapon as the police and DA charged Barnes, with the weight of the third strike rule behind him the judge would have dropped a safe on this guy's head. He didn't. Another blow to the fallacy of the skateboard being the weapon of choice for a murder about to go on rampage. Sorry, the AR-15 is still a much more effective killing machine regardless of who wields it.