El Oso said:
1. The force he used was excessive compared to the force of the little shove.
No argument here. I just don't see how defense can get around this.
2. He provoked it by being asked multiple times, I think 15 was the number said in testimony, and refusing to leave.
Maybe. But Metcalf moved up four rows to confront him. He should have gotten a coach. An adult should have been present from the start.
3. He was not hanging out with someone. He wasn't even sitting with the one person he knew.
Doesn't matter in my opinion. Yes, he should have left when asked, but he didn't do anything violent until someone put hands on him. But now we're back to one and we agree his response was over the line and it undoes a self defense claim.
4. It is VERY uncommon to just sit in another teams area. It may have been common when you ran X amount of years ago but today it is uncommon. Unless you are sitting with the person you know and talking with them. Once you are done you leave.
Maybe. It's been eight years since I was last on the field at a track meet as a judge. But again, there were available ways to get him to leave without shoving him first. I'll be a frequent visitor to track meets next season. Got a runner as the last kid in the house.
5. His comment is aggressive beyond the initial refusal to leave.
It's clearly a threat. But it's also a threat no witness believed would happen. If they didn't believe the threat was real, I dont think it can be seen as provocative in hindsight sight.
Under number 4, there is no maybe about it, especially in light of the fact he had no friends on the opposing track team. I think you're being a little obtuse here, for some reason. This should be pretty obvious to any reasonable person.
As I said above, the guy was clearly looking for a fight, and for a reason to reach into his backpack.
Only justice served will be a life sentence.
