Charged For Self Defense?

[Richard in Smithville]

And to top it off, he was charged for defending himself against a racist attack! I guess from now on you should just lie down and take a beating.

http://www.torontosun.com/news/canad...72411-sun.html

[Hellrazor]

That is stupid, either charge both or none.

[crokett]

He is being charged because he broke the other kid's nose but he only had a bloody lip.

[Ed62]

"he's never been in a fight in his life until last Tuesday. "
Sounds like he did OK for himself. It also sounds like he'll get a "not guilty" verdict.

Ed

[BerniePA]

He is being charged because he broke the other kid's nose but he only had a bloody lip.

David, I hope I am misunderstanding you here. You can't be saying that if you accost me on the street with a knife and slash my arm and tell me there will be more if I don't give you my money, and I pull a gun and shoot you instead, that I should be charged because I used more force than you did to end a situation, are you?

After he split his lip, should he have waited for him to do more damage before he took action? How much more damage, lost an eye maybe? No way, he was attacked and he defended himself and ended the situation. Why isn't the other kid being charged with a "hate" crime?

I quit before I get in too deep for these forums. Sorry gang.

[gary]

"He's a black belt so I know that's probably a little intimidating, but he's a nice kid"

kind of like a boxer getting into a fight

[sweensdv]

"He's a black belt so I know that's probably a little intimidating, but he's a nice kid"

kind of like a boxer getting into a fight

I'm not so sure about that. My son earned his black belt at age 8. I doubt if he was much of a threat to anyone at that age. AFAIK, all karate schools teach and stress that the learned skills should only be used in self defense and never as an aggressor.

It sounds to me like this is a situation where the kids are making much more sense than the adults.

[Richard in Smithville]

I fully agree with the schools stance against violence but not only was this self defence, but it happened in gym class! Where was the teacher? The teachers have no power to intervene so who is going to stop bullies?

[pelligrini]

I read something about it occurring in the dressing rooms. I would bet that the teachers today don't stay in that area long for fear of some sort of sexual charge.

The school suspension & review I agree with. Shouldn't be any assault charges, especially just the one kid that took the first blow.

[Uncle Cracker]

I have unfortunately been on the spot in such a situation. There is a folk myth about people with black belts being considered "armed" under the law, but it is a myth. There is a real component, however, if a jury decides that a person with martial training used poor judgment and took his defense too far, particularly if it can be argued that he was in no real danger from his attacker. Much depends on the letter of the law in the jurisdiction, and on the presentation of the case and the disposition of the judge and jury, but there can in fact be consequences. Fortunately for me, I only did what was necessary to protect myself against a person who was using a weapon in the commission of a felony, so I was not prosecuted.

[crokett]

David, I hope I am misunderstanding you here. You can't be saying that if you accost me on the street with a knife and slash my arm and tell me there will be more if I don't give you my money, and I pull a gun and shoot you instead, that I should be charged because I used more force than you did to end a situation, are you?

No. I am not saying you should be charged. In fact I think charging this kid was wrong. I am saying it is more likely you will be. Sorry, I've gotten extremely cynical of late. After all you have a gun and he only has a knife. In this case, the teen is a black belt so therefore should know how to defend himself without hurting the other guy. Or something like that. Personally I think the other kid should be charged with being an idiot. Who picks a fight with a black belt?

[Tom Slick]

I have unfortunately been on the spot in such a situation. There is a folk myth about people with black belts being considered "armed" under the law, but it is a myth. There is a real component, however, if a jury decides that a person with martial training used poor judgment and took his defense too far, particularly if it can be argued that he was in no real danger from his attacker. Much depends on the letter of the law in the jurisdiction, and on the presentation of the case and the disposition of the judge and jury, but there can in fact be consequences. Fortunately for me, I only did what was necessary to protect myself against a person who was using a weapon in the commission of a felony, so I was not prosecuted.

Do you have "registered lethal weapons"? LOL

"A suspension is reasonable but a criminal charge is not, Barnett said." This sums up my opinion.

[Uncle Cracker]

Do you have "registered lethal weapons"? LOL

I do, but they have nothing to do with my MA background.

"A suspension is reasonable but a criminal charge is not, Barnett said." This sums up my opinion.

Mine too, pretty much.

[Pappy]

I have to disagree with both the charges and the suspension. Reading the story, it seems to me there were several witnesses to a clear case of self defense. A 'bully' made a stupid choice of who to pick on and got the worst of it. The young man's martial arts training should not be a factor.

If an adult were assaulted in front of witnesses with the same results he might be restrained by authorities at the scene, but likely wouldn't be arrested for defending himself. The idea that, because it was in school, everybody is wrong is a cop out on the administration's part. Much easier than investigating the incident. The police reaction/decision is beyond comprehension.

[herb fellows]

Pappy, I'm with you 100%. If everything said proves out, this kid should walk. If you can't defend yourself without fear of official retaliation, we've got a serious problem on our hands.