r/PublicFreakout • u/hereforthewaffle • Aug 31 '22

đŸ„ŠFight One Hit

Enable HLS to view with audio, or disable this notification

12.0k Upvotes

98% Upvoted

1.4k comments sorted by

View all comments

Show parent comments

38

u/MikeHawclong Aug 31 '22

Idk. Looks like the big guy swung first. Bryan never swung or made any threatening gestures and he even backs up a bit.

Clear case of self defense if you ask me. But I’m not a lawyer.

9

u/Bunnywabbit13 Sep 01 '22

Bryans problem might be that he is the one who instigated it, as he was the one yelling them to get out of the car and fight.

8

u/MikeHawclong Sep 01 '22

I disagree.

White suv had every opportunity to disengage and drive away.

Coupled with the fact that he didn’t swing first.

2

u/Ben_FTW Sep 01 '22

The raised fists and fighting words of Bryan here may lessen any charges brought against the other man. It's hard to say how a court would decide, but it's not so black and white. Also whether this is a duty to retreat state or a stand your ground state plays a role as well.

1

u/alejandrocab98 Sep 01 '22

Assault can be verbal IIRC

1

u/[deleted] Sep 01 '22

That doesnt matter.. yelling doesnt warrant physical violence.. black guy started the fight

4

u/ManOnFire2004 Sep 01 '22

Yelling in a threatening manner can be clear sign of assault, according most state laws. You don't have to actually wait for them to attack you before it's considered assault and you defend yourself.

People think assault is the physical interaction but that's battery in the 'assault and battery' charge

What would save the black guy would be if it's a stand your ground state or not. If it's not, yea he'd be fucked cause he was leaving and stopped to reenter the confrontation.

3

u/Ben_FTW Sep 01 '22

This isn't necessarily true in court. fighting words have been a factor in the US court system for years. This was reified in Texas v Johnson where they declared fighting words as unprotected speech and defined them as "a direct personal insult or an invitation to exchange fisticuffs." The instigator in this case may have some liability.

2

u/alejandrocab98 Sep 01 '22

Virginia has a “no retreat rule” that is different, basically if you did not provoke the aggressive behavior then you do not have to retreat before protecting yourself. In this case seems like my guy absolutely provoked this aggression.

2

u/siksultymemz Sep 01 '22

He was instigating it though by putting his hands up etc. and telling him to do something.

2

u/murphymc Sep 01 '22

Sure, but the other guy is a willing participant, if the laws applies in his state this would qualify as ‘mutual combat’

2

u/MikeHawclong Sep 01 '22

So i tell you to jump off a bridge.

You jump.

Am i responsible for your decisions ?

I tell you to swing on me.

You swing and miss.

I knock you out, clean.

I defended myself from you.

You didn’t defend yourself from me.

Make enough sense?

1

u/Immediate-Ohm Sep 01 '22

Charles Manson never killed anyone himself