wrote in message
...
On Wed, 24 Feb 2010 14:55:19 -0500, "Ed Huntress"
wrote:


Not to judge the case, but in the US, the "fighting words" assault by the
white guy is not protected speech. He could be arrested for assault in
many
states but wouldn't be, unless it led to further altercation.

The poke by the black guy is going to be treated as battery in most
states,
because the "fighting words" assault is NOT a defense for the poke by the
black guy, anywhere in the US. The original, verbal assault may be a
misdemeanor but it is not a physical threat, so it doesn't justify
physical
retaliation. Because the white guy walked away, there can be no claim of
immanent danger.

Most prosecutors would treat this without all of the complication. The
fact
that simplified it tremendously is that the black guy was a parole
violator.
g

Your legal analysis is spot on in the first two paragraphs.....with
the possible exception of the verbal assault being a misdemeanor. More
likely it is a civil law infraction, the bus service being a public
service under CA's civil rights law. (I do not know what constitutes a
Federal "Hate Crime"). "Tyronne's" legal remedy would be to sue EBM.

Well, I'm not a lawyer, but my understanding is that a verbal threat to
commit bodily harm is a crime in almost every state. I couldn't hear the
exact words that "Epic Beard Man" used, but it sounded like he was
threatening to beat Tyronne up. Then, allegedly, Tyrone threatened EBM at
the front of the bus before poking him. But I also saw some comment about
the civil infraction that you mention, so I say "he could be." I wouldn't
try to conclude anything. I consult lawyers. g


Unfortunately, proving monetary damages (probably on an intentional
infliction of emotional distress theory) would be very difficult since
he probably suffered no permanent injury emotionally. He can sue for
economic damages if, due to having to take his time to report this
matter he suffers damages to earnings. Probably can collect attorney's
fees also.

When approaching a civil litigation, it is necessary to do a
collectability assessment of the defendant. I believe Epic Beard Man
may be sort of uncollectable.

In the third paragraph you are factually incorrect (as is Epic Beard
Man [EBM]): "Tyronne" (as he has come to be named on YouTube....this
is not his real name) is not a parole violator, and further, EBM
asserts that Tyronne pulled a switchblade on him. Tyronne denies this
and no knife is visible in the vid.

Yes, I see that I was taking EBM at his word on that. That was a big mistake
on my part.


FYI: "Tyronne" says call an ambulance. But because he just got his
clock cleaned it sort of sounds like "Amber Lamps". So naturally, by
the logic of YouTube, the hot looking brunette in the blue tights is
now know as: Amber Lamps.
Dave

The world is getting a little too weird for me. I think it's time to retire
to the mountains. d8-)

--
Ed Huntress