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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsPark ranger was telling a crowd to social distance. Mid-speech, someone pushed him into a lake
(CNN)A man accused of shoving an Austin, Texas, park ranger into the water while the ranger was explaining to a crowd the need for social distancing is embarrassed by his actions, his lawyer said.
A video that gained attention after it was posted on social media includes the moment a young man pushes the ranger into a lake at Commons Ford Ranch Metro Park last Thursday afternoon.
Brandon Hicks, 25, faces a charge of attempted assault on a public servant, a state jail felony, said the Travis County Sheriff's Office.
According to an arrest affidavit, ranger Cassidy Stillwell was talking to a crowd of people, described as "unlawfully drinking and smoking," on a dock near Lake Austin. It's unclear from the affidavit whether Hicks was part of that group mentioned in the affidavit.
Amid the cross talk in the video, Stillwell is heard telling the crowd on the dock to "disperse yourselves" in the grassy area nearby because they were not maintaining physical distance of six feet. Some respond with "Will do" and "I got you, man."
The ranger's instructions are interrupted when the man pushes him into the shallow, murky water. The ranger holds on to the man's arm and pulls him in, the video shows. The man, clad in a swimsuit, scrambles out of the water and rushes away.
continues, includes video
https://www.cnn.com/2020/05/04/us/social-distancing-ranger-pushing-lake-covid-19-trnd/index.html
Asshole...
Response to yuiyoshida (Original post)
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Takket
(21,629 posts)Pushed him into the water. The officer was drenched. Attempted is a load of bullshit. The assault happened and was caught on video.
Princess Turandot
(4,787 posts)..usually means that a person did something with the intent of harming someone else, but the action failed to actually do so.
A more serious example of this: Someone pushes their ex-partner into the street just as a bus is bearing down on that spot. By virtue of good reflexes and recent brake maintenance, the driver stops the bus just before hitting the ex, who is physically unharmed. That could be judged as attempted homicide/manslaughter/murder of some degree.
Jersey Devil
(9,874 posts)What is necessary is an intent to cause the fear or apprehension of physical harm. For instance, pointing an unloaded gun at someone is assault, althought there is no intent to cause harm, just fear.
3Hotdogs
(12,409 posts)So there will be consequences.
yuiyoshida
(41,861 posts)turned over to the head Ranger...
Who has a bad temper...
gristy
(10,667 posts)This is assault. Of an officer, no less.
https://www.law.cornell.edu/wex/assault
Assault
Definition
The definition of assault varies by jurisdiction, but is generally defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.
Overview
Some jurisdictions label "assault" as "attempted battery." In tort law, assault is considered an intentional tort.
"Apprehension"
In the context of assault, the victim's "apprehension" happens if the victim believes that the tortfeasor's conduct will result in imminent harmful or offensive contact unless it is prevented.
It is not necessary that the victim believes the conduct will be effective in making such contact, only that the victim believes the conduct is capable of making such contact.
Assault and Battery
In an act of physical violence by one person against another, "assault" is usually paired with battery. In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm.
Aggravated Assault
Aggravated assault refers to an assault with an additional aggravating circumstance. As such, the liability and sentencing for aggravated assault is generally more severe than that for an ordinary assault.
Prima Facie
The prima facie case for "assault" has 3 components:
1. The defendant acts
2. The defendant intends to cause the victim to apprehend imminent harmful contact from the defendant
3. The defendant's action causes the victim to reasonably apprehend such a contact
Further Reading
For more on assault, see this Loyola Law School Law Review article, this ABA article, and this William & Mary Journal of Women and the Law article.
fishwax
(29,149 posts)As I understand it, attempted assault in Texas refers to an attempt to cause serious bodily harm, whereas aggravated assault would be successfully causing bodily harm. Assault in Texas may include many other things, including accidentally causing bodily harm or threatening bodily harm. So, in this case, "attempted assault" doesn't necessarily make it a lesser charge.
From a Texas law firm's web page:
An attempted assault is defined as attempting to cause serious physical harm resulting in significant injury. Examples of this include physical harm to a person or another person's unborn child and engaging in sexual conduct as a known carrier of a virus that causes acquired immunodeficiency syndrome.