Captain Pablo said:

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So looking at Ohio law, it looks like assault is knowingly causing or attempting to cause physical harm to another

I couldn't find anything that says simply offensive contact amounts to assault in Ohio, like it does in Texas

Does the white guy slapping the black amount to this?

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Under Ohio law, slapping someone is considered battery, but at most a misdemeanor.

https://www.botnicklawfirm.com/difference-between-assault-and-battery/

Rapier108 said:

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Captain Pablo said:

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So looking at Ohio law, it looks like assault is knowingly causing or attempting to cause physical harm to another

I couldn't find anything that says simply offensive contact amounts to assault in Ohio, like it does in Texas

Does the white guy slapping the black amount to this?

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Under Ohio law, slapping someone is considered battery, but at most a misdemeanor.

https://www.botnicklawfirm.com/difference-between-assault-and-battery/

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Well, alright then.

So is our victim here possibly guilty of battery by offensive contact?

He slapped the guy who wanted to fight him, then almost got beaten to death by 10 dudes. Should he go to jail for battery when he gets out of the hospital or was his sentence already more than carried out by a gang of vigilantes?

oh no said:

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He slapped the guy who wanted to fight him, then almost got beaten to death by 10 dudes. Should he go to jail for battery when he gets out of the hospital or was his sentence already more than carried out by a gang of vigilantes?

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He did not receive a sentence. He was the victim of a brutal assault, for which the assailants should be punished severely

But there is another issue. Black leaders are asking, why is the guy that threw the first "punch" not also being charged or at least considered for charges? Even if it's just minor charges

The question is not unreasonable

The answer, IMO, it's because it would hurt the prosecutor's case against those who committed the far more serious offenses.

Look at that analysis video I posted. It's very good.

Captain Pablo said:

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Apollo79 said:

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Captain Pablo said:

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oh no said:

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city councilman says charging the victims that were almost beaten to death with crimes is just "trying to do the right thing".

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He was a victim of excessive use of force, and the perpetrators have been justifiably charged

But if he threw the first slap, then unless he was acting
In self defense, he is also guilty of assault

Look at the analysis video I posted. It's good

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thats like saying your wife slapped you on the hand then you preceded to beat the **** out of her...come on dude

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In Texas, Your wife would be guilty of assault, if it was deemed that the contact was offensive

You would also be guilty because your use of force was excessive, and went well on what was necessary force to stop the use of force against you

I have said nothing that would exonerate the perpetrators in the Cincinnati case

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If you call the cops for your wife slapping your hand they will laugh at you hth

Captain Pablo said:

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oh no said:

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He slapped the guy who wanted to fight him, then almost got beaten to death by 10 dudes. Should he go to jail for battery when he gets out of the hospital or was his sentence already more than carried out by a gang of vigilantes?

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He did not receive a sentence. He was the victim of a brutal assault, for which the assailants should be punished severely

But there is another issue. Black leaders are asking, why is the guy that threw the first "punch" not also being charged or at least considered for charges? Even if it's just minor charges

The question is not unreasonable

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Are we even sure it was the "first punch"? It's just the first thing most people saw when looking at the video. I suppose the minor tap on the thug's face could be liberally considered assault, but that sure seems like a stretch.

Apollo79 said:

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Captain Pablo said:

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Apollo79 said:

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Captain Pablo said:

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oh no said:

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city councilman says charging the victims that were almost beaten to death with crimes is just "trying to do the right thing".

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He was a victim of excessive use of force, and the perpetrators have been justifiably charged

But if he threw the first slap, then unless he was acting
In self defense, he is also guilty of assault

Look at the analysis video I posted. It's good

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thats like saying your wife slapped you on the hand then you preceded to beat the **** out of her...come on dude

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In Texas, Your wife would be guilty of assault, if it was deemed that the contact was offensive

You would also be guilty because your use of force was excessive, and went well on what was necessary force to stop the use of force against you

I have said nothing that would exonerate the perpetrators in the Cincinnati case

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If you call the cops for your wife slapping your hand they will laugh at you hth

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That is neither here nor there. But yes, assault charges are filed in Texas all the time in city and JP courts for very minor contact

93MarineHorn said:

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Captain Pablo said:

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oh no said:

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He slapped the guy who wanted to fight him, then almost got beaten to death by 10 dudes. Should he go to jail for battery when he gets out of the hospital or was his sentence already more than carried out by a gang of vigilantes?

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He did not receive a sentence. He was the victim of a brutal assault, for which the assailants should be punished severely

But there is another issue. Black leaders are asking, why is the guy that threw the first "punch" not also being charged or at least considered for charges? Even if it's just minor charges

The question is not unreasonable

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Are we even sure it was the "first punch"? It's just the first thing most people saw when looking at the video. I suppose the minor tap on the thug's face could be liberally considered assault, but that sure seems like a stretch.

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No, I am not sure it was the first punch. Like I said, I have not seen all of the videos. Who knows? Maybe he was justified. Maybe he was not. But, assuming it was, yes, that's the issue. Was it a battery?

Those are the questions that the black leaders are asking. Not unreasonable questions, in my opinion.

I don't think the black leaders are saying that the perpetrators shouldn't be punished. If they are, I just haven't seen it. Also, if they are, that is ridiculous

Captain Pablo said:

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oh no said:

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He slapped the guy who wanted to fight him, then almost got beaten to death by 10 dudes. Should he go to jail for battery when he gets out of the hospital or was his sentence already more than carried out by a gang of vigilantes?

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He did not receive a sentence. He was the victim of a brutal assault, for which the assailants should be punished severely

But there is another issue. Black leaders are asking, why is the guy that threw the first "punch" not also being charged or at least considered for charges? Even if it's just minor charges

The question is not unreasonable

The answer, IMO, it's because it would hurt the prosecutor's case against those who committed the far more serious offenses.

Look at that analysis video I posted. It's very good.

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There is a longer video, which shows he didn't not throw the first slap. The 'slap' (if you can even call it that), came well after him and the other guy had been going at it, and after the other guy started crap. Obviously, that's why people started recording in the first place.

In my opinion...if you want to file misdemeanor charges against him for a slap....so be it. That's a minor offense, in comparison with the large group of people who should be arrested for the brutal mob-like beating.

Two men get into a fight, this isn't news. Doesn't matter who 'slapped' first. It's dumb, but that happens.

However...
-All the other men and women were not slapped, and proceeded to jump in and beat him.
-They beat him when he was defenseless, and on the ground. Literally stomping on his head as they were being dragged away.
-The lady who was trying to calm the situation down didn't slap anyone. Yet she took a brutal beating by the mob, for no reason.
-This doesnt even take into account all the people hollering and cheering while recording on their phones...using this beating for entertainment, instead of intervening and stopping it. Do they not have Good Samaritan laws?

The assertion that horrendous acts should be excused, because one small act might have occurred is beyond-the-pale dumb by those holding the press conference.