View Single Post
      02-18-2013, 02:01 PM   #54
escobar929
Brigadier General
escobar929's Avatar
154
Rep
4,528
Posts

Drives: M2 CS
Join Date: Aug 2009
Location: Hollywood, FL

iTrader: (14)

Garage List
2020 M2 CS  [10.00]
2020 M240i  [0.00]
Quote:
Originally Posted by gatorfast View Post
Well I guess what you consider a rational human reaction and what I do are totally different. Per your quote above "3) the provocation would have caused the average person to act rashly"


Aside from you, I dont think anyone else on here would agree that the average person would resort to physically beating a person because that person laughed at him in some sandwich shop

And while yes, you are correct that this was not a bar fight, I think that example more closely models this situation than yours. In a bar fight you are intending to do harm (but not kill) and if you happen to kill the person it would likely be murder in the 2nd degree. This was a fight (albeit a one-sided fight) in a sandwich shop whereby the perp was intending to inflict harm.
wow, what a crazy story, very sorry to hear OP.

I agree w/ you gatorfast, if he had punched him once, the guy fell, hit his head and died because of that, I would agree w/ the verdict

but the fact he kept hitting him while the guy was out, tells me he was trying to do serious harm and that type of person should either live the rest of his life in jail or be sentenced to death, depending on the state laws
Appreciate 0