Quote:
Originally Posted by GWN7
...(snip)...So old guy was being assaulted and battered by a guy half his age, a foot taller and 80 lbs heavier...
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First, something has to be made clear because it appears, again, in this post.
Yes, the shooter (Curtis Reeves) is 70 years old, but
according to the booking records he is 6' 1" and weighs 270 lbs. Was the victim really 7'1" and 350 lbs? (I'm asking seriously, because I haven't found that information, but regardless of the victim's size, the shooter was not a frail old man as depicted/implied by several posts.)
Second, according to
Florida law,
"An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so...". One thing no one knows are the actual words spoken by each man and without that information, there is no evidence (yet) that the shooter was being assaulted, or even if the victim was being assaulted. Throwing popcorn is not, in itself, an intentional unlawful threat.
Battery, according to Florida law, is when someone
"1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person."
No witness have come forward to say the victim actually touched the shooter.