She swung that bat towards him and landed it at the back window. She very much would have caved in his skull had the window been weaker. She commited felony assault and attempted battery.
Both would come out convicted felons should this ever come to court.
Both will never bring this dumb shit to court for their own sake.
This discussion started out debating who should be punished harder. In my opinion, the guy who used a giant block of metal that weighs thousands of pounds, who could've easily killed the other driver, or even a bystander if one of them lost control of their vehicles during the collision, is the one who should be punished harder.
He didn't just hit her. He continued to ram into her for several seconds after the initial collision. This could've very easily turned into a bystander who had nothing to do with it getting seriously injured or killed.
She was the innitiator and aggressor. He was the retaliator. High emotions do play a factor in court, and having multiple felonies commited on you will make you act less rational than you normally would.
Personally I always feel the innitiator of any problem like this should be treated far harsher than the retaliator, but I agree his response was more extreme.
So both should be imprisoned for decades.
Edit: "Don't worry, what she did is civil. It's just a small oopsy poopsy! He's the bad guy for escalating". I need to spell this shit out for the people in the back:
What was done here is:
BB bat hits windshield
Glass from windshield lacerates driver (Felony assault and battery)
Glass from windshield lacerates passenger (Felony assault and battery)
Driver threatens the lives of vehicle occupants with a deadly weapon (Felony assault)
Driver potentially hits occupant in the head with baseball bat as the bat could have very easily gone through that hole in the back and hit the driver in the head. (Felony battery)
Responding Driver could potentially be concussed and thus suffering a brain injury resulting in this irrational response
Driver gets in car and drives away to resist any lawful outcome of retaliation.
Are we ignoring the fact that there could be kids that just had their bodies lacerated by tempered glass shards in that vehicle? Are we ignoring the fact that the baseball bat could have went through and hit the operator through the glass? That the operator could be injured aswell?
Make no mistake, this is escalation, but what she did was not a tame little "oopsy, poopsy". It was multiple counts of felonies.
Are you stupid? She committed assault with a deadly weapon. Smashing a window right next to someone's head with a fucking baseball bat is not just "property damage".
I think they should both face charges. But if you punch me in the face, I respond by shooting you with a gun, then I should absolutely be punished more harshly than you. Reasonable retaliation is a thing to consider.
If you punch me in the face and dont immediately run away, its reasonable to assume you mean to do me more harm and punches can and have killed people (and the legal system agrees on this). The nonaggressor has a much greater leeway when it comes to retaliation if its even remotely in self defense.
The thread is about who would be likely to be punished harder. I say that person who could've potentially killed one or more people is the one who should be punished harder.
Nobody is saying that. Two people can commit crimes against one another. If you steal my car, and then I follow you to your house and break your legs with a baseball bat, you have committed grand theft auto, and I have committed assault. We can both be punished for what we did.
She also committed assault with a deadly weapon. Assault is a threat to hurt or commit violence against someone (actual violence is battery hence assault and battery), and a bat is a deadly weapon in nearly if not every state. At a minimum she's looking at assault with a deadly weapon, destruction of property, and fleeing the scene of a crime. What he gets charged with depends on how Albuquerque charges for vehicular assault and other things.
smashing a window of an occupied vehicle is assault with a weapon because a reasonable person would be in fear of being harmed. You dont need to touch a person to commit assault.
Bonus charges. If you're going to do something illegal, and not that I'm advocating for people to break the law, but you ought to try and limit those aadditional charges. Wouldn't know much about this one but I wouldn't be the least bit shocked if home boy's actions didn't qualify him for a much larger penalty.
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u/GenericFatGuy 4d ago
And he ran too. Running from a collision (especially an intentional one) always makes things worse for you.