December 13, 2019

USA: A 14-Year-Old Boy Was Brutally Beat Up By 5 Black Kids On School Bus And Hospitalized Because He VOICED Support For President Trump. The 5 Bullies Face Misdemeanor Battery Charges.

I COULD NOT FIND ANY VIDEO NEWS REPORTS ABOUT THIS INCIDENT
WCTV
written by Staff
Friday December 13, 2019

JASPER, Fla. (WCTV) –The Hamilton County Sheriff’s Office says five students face misdemeanor battery charges after a fight on a school bus.

Video of the November 21 attack shows the students punching at a teen sitting in a bus seat.

That video was posted on Twitter Thursday, with a message implying that the fight started because the victim was wearing a President Trump hat. It’s been circulating widely on social media, generating an angry response by many commenters. The social media outcry drew a response from the sheriff’s office and the Hamilton County school superintendent Friday.

GRAPHIC: Some viewers may find this video disturbing.

Superintendent Rex Mitchell says the school district investigated, disciplined the students, and turned information over to the sheriff’s office for action.

In his statement, the superintendent also says there was no evidence that the student was wearing any President Trump apparel or that his wearing it on prior occasions motivated the incident.

Mitchell says the attack started with an argument between two students that escalated when more students got involved.

The superintendent says the district reviewed the bus video to see all the events leading up to the attack.

“We absolutely do not condone the use of physical force between students,” Mitchell said, and added “This was a very unfortunate incident completely unrelated to any political statements or agendas.

“Some misinformation has been passed along with the video,” the sheriff’s office says in a statement detailing the five juveniles charged in the case, “we at the Hamilton County Sheriff’s Office are as disturbed about this video as you are.”



I took screenshots of the comments for this Facebook post by the Hamilton County Sheriff's Office, FL. The people commenting raised a lot of valid points. What if the boy died or was paralyzed from the brutal beating by multiple kids. (emphasis mine)
From Breitbart News, 12/13/2019: The family’s attorney, Foye Walker, told Breitbart News that the student was bullied by his classmates shortly after wearing a hat in support of President Donald Trump.

“He wore a MAGA hat to school two weeks prior and the bullying started,” said Walker to Breitbart News. “It escalated until the day of the incident. On that day, students poured white milk on his head and called him cracker. The attackers were two girls and three boys — it is my understanding that he was stomped by the last male you see in the video.”

Walker added that this incident is about the student’s First Amendment rights, not his political views.

“This is about freedom of speech,” he said. “Even if he had an Antifa shirt on, he has that most sacred right. The Democrats call for Civil War and violence. Maxine Waters says get in their face. This is a perpetuation on that. ‘Through any means necessary’ is what the Democrats say. That type of behavior is the cause of this incident.”

The boy’s mother also elaborated on the continuous bullying in November, weeks before the video emerged:
To be clear, my son bought his #Trump2020 hat with his own money at the flea market a few weeks ago. He was proud to wear it. He wore it to School, but due to immediate bullying he put it away & didn’t wear it to school again, sadly the damage was already done & was now a target.

From that point on he was steadily getting messed with. He was getting hit, tripped & verbally abused on the bus, but it all came to a head yesterday on his bus ride home. The nurse noted there are bruises on his arm that were older along with his new injuries. He didn’t tell us — about the bullying, but they took it to a new level yesterday and we are just now learning what he was going through. My husband is going to the sheriffs department now and I really hope these kids are held accountable.
Update — Hamilton County School District Superintendent Rex Mitchell released a statement regarding the bus attack after the publication of this article. Mitchell points out that the incident occurred in November, as reported in this article by Breitbart News. Mitchell states that the attack was the escalation of a “verbal altercation” and was not related to the victim’s support of President Donald Trump. He goes on to add, “I am very disappointed that the school district has been portrayed in a way as to bring negative attention to our staff and students when the District took immediate action to investigate and hold those individuals involved accountable.”

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I was curios to find out how battery was defined. From my perspective, it's not a good enough charge. (emphasis mine) From Cornell Law Edu

Battery Definition:
1. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent.

2. In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent.

Assault and Battery:
In an act of physical violence by one person against another, "assault" is usually paired with battery. In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm.

Criminal law statutes will sometimes merge the two terms of "assault" and "battery" into the one crime of "assault."

[source: Palowski Mastrilli Law Group]

Simple Battery Charges Under Florida Law

In Florida, battery is governed by Section 784.03 of the state’s statutes. You can only be convicted of misdemeanor battery if the prosecution can prove, beyond a reasonable doubt, that each element of battery was present in your actions. Specifically, the state must prove:
  • Actual, and intentional, touching or striking of another person; and
  • No consent having been given for the contact in question.
You will be charged with simple battery only if there were no other additional factors present. Other factors will likely lead to more heightened charges. For example, if a weapon was involved or if very serious injuries were sustained, a Florida prosecutor will likely bring felony charges.

Penalties for Misdemeanor Battery

While misdemeanor charges are less serious than felony charges, the penalties for a conviction can still cause major damage to your life. In Florida, simple battery is classified as a first degree misdemeanor. This means that you could be facing a maximum penalty of one year in jail in the event that you are convicted. Florida prosecutors tend to be especially harsh on those charged with battery. If you have been charged, you need to consult with an experienced criminal defense attorney who can help protect your legal rights.

Defending a Battery Charge

Your attorney will comprehensively review the specific circumstances of your case in order to craft an appropriate legal defense. Defending a simple battery charge will require a highly individualized defense strategy. Some common defenses to battery charges include:
  • Self defense, defense of property or defense of another person;
  • Lack of intent, meaning that contact was made purely by accident;
  • Consent, meaning that you did touch the person, but it was not against their will,
  • Mutual combat; and
  • A lack of evidence to establish your guilt beyond a reasonable doubt.
I think the 5 bullies should be charged with Felony Assault. The boy was jumped by 5 students on a school bus where he couldn't even run away. (emphasis mine)
[source: Billings Barrett Bowman Law Firm]

Assault in the First Degree

Assault in the first degree occurs when a person, with intent to cause serious physical injury, causes such injury with a deadly weapon. Intentionally causing disfigurement, destruction, amputation or disability is a first-degree assault even without a deadly weapon.

Short of actual intent to commit an assault, acting with an extreme indifference to human life and recklessly engaging in conduct which seriously injures another, even without specific intent, is also assault in the first degree. The class B felony has a mandatory minimum term of imprisonment of five years and a maximum of 20 years.

Assault in the Second Degree

Assault in the second degree is generally defined as intentionally or recklessly causing injury to another, with or without a deadly weapon, but not including a firearm. Generally, a class D felony carries a maximum five-year sentence if the assault is committed with a firearm, there is a one-year minimum prison sentence.

Assault in the Third Degree

Assault in the third degree is intentionally or recklessly causing physical injury to another. It is also negligently causing physical injury to another with a deadly weapon.

UPDATE 12/15/19 at 12:19am: Added tweet below.

Posted by Princess Mononoke at 7:15 PM

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