If you hit back, it's murder?

[sammyg2]

WTF? Gotta be more to this.

Michigan Man's Death at Burger King Ruled a Homicide

Published December 10, 2010
| Associated Press


DETROIT -- The death of a 67-year-old Detroit Burger King customer who police say fell and later died after being punched by a 20-year-old employee has been ruled a homicide.

Wayne County medical examiner's office spokesman Dennis Niemiec says an autopsy conducted Friday determined that Paul Cannon died from blunt force trauma to the head.

Niemiec says the man's dentures were "not an issue" in the death. An earlier report said the punch may have caused the older man to choke on his dentures.

Police say Cannon was reportedly causing a disturbance Thursday afternoon at the restaurant on the city's east side and tried to hit the worker, who swung back.

The worker was in police custody Friday.

[jyl]

"Ruled" a homicide by the coroner or DA, not by a jury. Perhaps that simply means they determined he was killed by a deliberate blow, which is different from the legal definition of murder.

E.g., from a news story on a different death:

Homicide, or “death at the hands of another,” is one of several possible findings in a coroner’s death investigation. The designation does not necessarily mean a crime was committed though it is a useful starting point for prosecutors, said Dr. Michael Baden, the former chief medical examiner in New York City and a forensics expert involved in many high-profile murder cases.


Anyway, perhaps there is more to this. The relative age and size of the combatants matters. Take it to the extreme, if 87 y/o granny in a wheelchair punched Mike Tyson in his prime, who then hit back and killed her, it would seem a lot like murder, no? Also, if the killer was actually acting as necessary to defend himself. The customer "tried to hit" the worker, do we know the worker was even on the same side of the counter?

[nostatic]

homicide and murder are two different things

[M.D. Holloway]

he had it coming

[CurtEgerer]

Another day in the city.

[sammyg2]

Originally Posted by nostatic

homicide and murder are two different things

Granted, but the fast food worker is in custody.
Like I said before, gotta be more to this.

[Embraer]

67 years old? Did Epic Beard Man move from Oakland to Detroit?

[RWebb]

yes, gotta be more to this

if you're 20 why can't you just block a 67 year old guy who swings?

generally, you can defend yourself, but can't go on the attack - obviously it can get pretty fuzzy tho

[Esel Mann]

Not only that but it was a no win situation for the 20yr old.

20yr old wins: great you just kicked an old guy's ass.

20yr old loses: your just got your ass kicked by an old guy.

The only way out for the 20yr old was to walk away.

[stomachmonkey]

Last 30 year old that took a swing at my then 67 year old father ended up leaving the scene of the altercation in an ambulance and even though the young guy swung first they arrested my father.

When I asked why they arrested him he explained that when the police showed up he was standin and the young guy was unconscious so they had to wait for the other guy to regain consciouness and get his jaw wired to get his side of the story.

Don't mess with old career military guys. They'll mess you up.

[Racerbvd]

Originally Posted by RWebb

yes, gotta be more to this

if you're 20 why can't you just block a 67 year old guy who swings?

generally, you can defend yourself, but can't go on the attack - obviously it can get pretty fuzzy tho

[Embraer]

Im telling you, EBM met his demise...

Originally Posted by Embraer

67 years old? Did Epic Beard Man move from Oakland to Detroit?

[Laneco]

EBM was a pretty intersting fella (if indeed he is demised - otherwise, present tense). Natural born factory hardass. If EBM had been there, the 20 year old would have left in da amberlamps!

angela

[Embraer]

hahaha

[TechnoViking]

Originally Posted by Esel Mann

Not only that but it was a no win situation for the 20yr old.

20yr old wins: great you just kicked an old guy's ass.

20yr old loses: your just got your ass kicked by an old guy.

The only way out for the 20yr old was to walk away.

That's right. You don't hit women, children or old men. Doesn't matter if they hit you first. Walk away.

[Rick Lee]

My dad is 65 and he could kick a lot of people's asses still. So why is would it be considered disparity of force for a young man to defend himself against and old and perhaps much stronger and more aggressive man? Not the kid's fault the old man had dentures or some condition that made it dangerous for him to get into fist fights. Play stupid games, win stupid prizes. Old men should know better.