Rock Throwing at Galveston Bar

[Aggie_engr]

http://www.chron.com/disp/story.mpl/met ... 90499.html" onclick="window.open(this.href);return false;

All three men were charged with aggravated assault with a deadly weapon along with hate crime charges.

My question is what exactly constitutes a deadly weapon? Could an uneven fistfight (4 on 1) be considered use of deadly force? According to the chron these guys were charged with assault with a deadly weapon, rocks being the deadly weapons of course.

[Fangs]

Might not have had "hate crime" tacked on if the guy kept his mouth shut. How many crimes are love crimes though?

[Captain Matt]

How many crimes are love crimes though?

Crime of passion?

[Keith B]

http://www.chron.com/disp/story.mpl/met ... 90499.html

All three men were charged with aggravated assault with a deadly weapon along with hate crime charges.

My question is what exactly constitutes a deadly weapon? Could an uneven fistfight (4 on 1) be considered use of deadly force? According to the chron these guys were charged with assault with a deadly weapon, rocks being the deadly weapons of course.

Hey, it worked for David on Goliath, right?

Actually a 1" or larger rock can be a VERY dangerous weapon. Thrown at any velocity it will cause serious bodily injury, including death. I would draw on ANYONE who was about to throw that size rock at me.

[Biga9999]

Rock in your pocket, the original CCW.

[seamusTX]

My question is what exactly constitutes a deadly weapon?

A deadly weapon is any object that can inflict deadly injury. A short list would include motor vehicles, fireplace pokers, hammers, monkey wrenches, walking canes, and saws, in addition to things that are designed as weapons.

In one sense, it's anything that a prosecutor can convince a jury is a deadly weapon.

In this case, the victim had a head injury that required hospitalization, so the rock used clearly was capable of serious injury.

Could an uneven fistfight (4 on 1) be considered use of deadly force?

Blows to the head and chest, whether by fists or feet, constitute deadly force. It doesn't have to be as uneven as 4 on 1. Gordon Hale was no-billed for shooting an unarmed guy who punched him several times, causing serious, permanent injury. (Granted, the assailant was something like 6 foot 7 and 350 pounds.)

A grand jury decision is not a legal precedent, but it does illustrate the way that a Texas grand jury might think, even when the DA wants an indictment.

Let's review the definition of aggravated assault in Texas:

PC 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.

In this case, the perpetrator allegedly did both -- caused serious bodily injury and used a deadly weapon.

The penalty in either of those cases is enhanced to a first-degree felony, one step below capital murder.

- Jim

[bryang]

One stupid decision, and three young lives destroyed.

-geo

[seamusTX]

BTW, here's the Galveston County Daily News Story, which is more detailed:

http://www.galvnews.com/story.lasso?ewc ... 72477828e4" onclick="window.open(this.href);return false;

Two of the alleged perpetrators are named Lawrence Henry Lewis III and Lawrneil Henry Lewis.

- Jim

[MojoTexas]

My question is what exactly constitutes a deadly weapon?

A deadly weapon is any object that can inflict deadly injury. A short list would include motor vehicles, fireplace pokers, hammers, monkey wrenches, walking canes, and saws, in addition to things that are designed as weapons.

Forget monkey wrenches...what about just trained flying monkeys?



MojoTexas

[BigRon]

Rocks have been deadly weapons a lot longer than firearms have been around. Ask Goliath how that deal worked out for him. As for these three punks, it's a lick on them. Like all of us, they made their choices and now they can live with them.

[Oldgringo]

BigRon wrote:

As for these three punks, it's a lick on them. Like all of us, they made their choices and now they can live with them.

Absolutely correct, actions have consequences! I am sick of hearing people making excuses for bad behavior... somebody get a rope!

[KRM45]

My question is what exactly constitutes a deadly weapon?

Deadly weapon is defined in the code:

(17) "Deadly weapon" means:

(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or

(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

[seamusTX]

Speaking of deadly weapons, here's an unusual case. A man is accused of assaulting a passenger in his car by intentionally crashing the car. He was arrested and charged with assault with a deadly weapon, and has an unusually high bail of $250,000.

From the Galveston County Daily News, this date:

Assault Charge Follows Wreck

GALVESTON — A driver apparently upset about a woman crashed his car into a palm tree and was charged with aggravated assault with a deadly weapon, authorities said Monday.

Bond for Abel Cisneros Diaz, 32, of Galveston, was set at $250,000, after police accused him of intentionally ramming his car in the 4200 block of Broadway with a female passenger inside, said Lt. D.J. Alvarez of Galveston police.

Police also accused Diaz of choking the woman at a bar at 17th Street and Avenue O before the two left in the same car. Police charged Diaz after his release from the hospital, Alvarez said.

— Chris Paschenko

Methinks perhaps someone needs anger management and alcohol abuse counseling.

- Jim

[seamusTX]

While not related, this item was in the same column:

Woman, 73, Accused In Knife Assault

TEXAS CITY — A 73-year-old woman is accused of cutting an acquaintance during a fit of rage, leaving the passenger seat of his car shredded.

Bond for Mildred Lee James of Texas City was set at $80,000 on a charge of aggravated assault with a deadly weapon, said Texas City police Cpl. David Viel.

The injured man, 46, told police James accused him of seeing another woman.

The man suffered minor cuts from a knife in the 700 block of Eighth Avenue North at 4:30 p.m. Sunday, Viel said. The man refused medical treatment for a three-inch cut, Viel said.

— Chris Paschenko

It seems like a lot of bizarre things are happening around here.

- Jim

[ELB]

Forget monkey wrenches...what about just trained flying monkeys?



MojoTexas

They don't have to be flying. See the thread entitled "Good Chimps Gone Bad..."