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If a fellow named William Googins comes at you, apparently it is!

http://www.pressherald.com/news/Charges ... ttack.html" onclick="window.open(this.href);return false;



Googins to be charged with manslaughter

By From Press Herald staff reports news@mainetoday.com
Staff Writers

Prosecutors plan to upgrade the charges in connection with a fatal fight in Monument Square early Sunday morning to manslaughter.

William Googins, 20, of Gray, is charged with punching Eric Benson, 24, of Westbrook one time in the head. Benson fell to the ground and was unconscious. He was later declared dead at Maine Medical Center.

Googins turned himself in on Monday and was charged with aggravated assault.

Deputy Attorney General William Stokes said today that the charge will be upgraded to manslaughter when Googins has his initial appearance in Cumberland County Superior Court at 1 p.m. today.

if you kill someone it is.

To the question, my understanding is that it is. It has been shown to be in case law with at least one CHL shooting. However, if you use a gun against a guy with just fists, you might have to show size difference, an attempt to retreat, or some other factor(s) in your favor get a grand jury to no-bill you.

The answer is one of the unsatisfying...it could be's...

It's all about context, sizes, situations etc... Fists can be deadly force. With all of the UFC wannabes running around these days, it is only a matter of time til someone shoots someone choking them from the rear or some other seen it on tv stuff.

IANAL, but there are a couple things I've heard from lawyers, etc., in this regard.
1. If the assailant is a trained boxer he could be charged with Assault With A Deadly Weapon, on the basis of their training.
2. If the victim has some physical condition which could make even a simple punch deadly to the victim. I heard of one guy who has a totally inoperable benign tumor in his abdomen. It is inoperable because the surgery would induce so much blood loss he would die on the table. If he takes even one punch to the abdomen it could kill him. In such a case, as I have been told, it doesn't matter if the assailant knew of such a possibility or even intended deadly force.
Thanx,
TraCoun

Google "beaten to death."