Assault Performance Task



Assault Performance Task

[Name of the Writer]

[Name of the Institution]

Assault Performance Task

Introduction

Case Scenario

The case is evident, on the 16th of August at the time 20:43, the police gave a response to a Felony Drive regarding a white male who was bleeding from his head. The victim was Samuel Clark, a white male around his 40s. He was going to his friend Ms. Summer Breeze when he was attacked by two younger white men identified by the witnesses at the local café as Bubba Hurt and Skeeter Redrum. They approached him around the corner and threatened him to leave Summer Breeze alone, and this will be last time he will ever lay hands on her (it is clear that the victim is being threatened). It began to rain, and the victim Samuel Clark took out his umbrella and continued to walk north. Then the victim was shoved by Bubba Hurt from behind, which caused him to fall on the sidewalk. The victim tried to put himself together and get up, but he was kicked in the face by Skeeter Redrum, due to which he fell on the street (the victim was physically assaulted which caused injury and hurt). The victim Samuel was still lying on his back when Bubba started to kick him (more physical assault). To this, the victim swung his umbrella, and it hit Bubba Hurt on the eye (it is clear that he was defending himself). When Samuel, the victim, finally got up, he was hit on the back of his head by Summer Breeze (Breetzke, 2017). She hit him with the shoe, which left him unconscious (the victim suffered physical assault again). One of the witnesses called the local police, Bubba Hurt and Samuel Clark was taken under custody and transported to a hospital. On the other hand, Summer, Breeze, and Skeeter Redrum were also taken under custody and transported to the police headquarters. As a result of this incident, Bubba Hurt lost his life while Samuel Clark suffered from permanent brain injury (A life was lost, and the assault the victim faced left them with permanent damage.

Discussion

Samuel Clark

Samuel Clark, the victim, is a 40-year-old white male weighing 175 lbs with a height of .09. As mentioned in the case study, it is assured by the witnesses Alan Skittles, Michael Smith and Andrea Sianturi, the victim was severely assaulted outside the café in the presence o witnesses. Regardless of the rainy and hazy weather conditions, they all stated that the victim was attacked and then hit by a shoe on the head, which left him unconscious. Further, as far as Samuel Clark, hitting Bubba with his umbrella is concerned, it is clear that he did it in self-defense to protect himself (Breetzke, 2017). By Georgia Criminal Code Title 16 Self-defense, an individual is fully justified to threaten or to use force in the context if he or she believes that their life is in danger or there is a third person whose life is in danger. It is evident that in this case, the way Samuel was being assaulted, he hit Bubba to defend himself. Before the hit, Bubba was attacking Samuel (Sugarman, 2017). Because Bubba is 6 feet five inches tall, there is no doubt that the victim worried for his life. According to the code 16-3-23, Samuel did not intend to kill Bubba. He was threatened and pushed on the verge of defending himself. Bubba was causing Samuel physical harm by forcing him to the ground and kicking him. Yes, Bubba lost his life in the process, but if Samuel did not take action, he could be severely disfigured. So, no charges can be put against Samuel for hitting Bubba. Further, once Samuel got up after defending himself, he was hit on the head by Summer with a shoe that left him unconscious (Lee, 2018). Consequently, Samuel encountered permanent brain injury because of Bubba, Summer, and Skeeter’s irrational actions.

Bubba Hurt

Bubba Hurt is a 26-year-old white male, weighing 290 lbs with a height of 6.05. Bubba first threatened and then attacked the victim, Samuel physically, causing him bodily harm. The actions that Bubba took were proven by the witnesses who were standing and watching the incident from the local café. What Bubba did to Samuel is a conjunction of Aggravated Assault 16-5-21 and Simple Battery 16-5-23. Bubba came at Samuel intending to physically harm him and probably to kill him (Sugarman, 2017). He also used his words to threaten the victim and claimed this would be last time they will be laying hands on Summer. The details of incidents affirm that Bubba was there to kill Samuel. The way Bubba threatened Samuel was quite menacing. He also caused intentional physical harm to the victim by kicking them when they fell on the street. In due course of assaulting Samuel, Bubba lost his own life.

Penalty

If Bubba were alive, the penalty that would be charged against him would be a 1000 dollar fine along with twenty imprisoned years.

Skeeter Redrum

Skeeter is a 24-year-old white male, weighing 185 lbs with a height of 6.0. Skeeter will also be charged with Simple Battery 16-5-23 and Aggravated Assault 16-5-21. The case depicts that Skeeter pushed Samuel when he was trying to gain his balance after hitting by Bubba. It is aggravated assault that Skeeter, Bubba, and Summer came intending to kill Samuel. The fact that Samuel got hit on the face by Skeeter also makes it a pure battery. Skeeter intentionally brought harm to Samuel. It is also a proven fact since the witnesses of the café saw him doing the heinous act of injuring the victim.

Penalty

As far as the penalty is concerned, Skeeter will be paying a $1000 fine and serving in prison for 1-20 years, depends on the verdict.

Summer Breeze

Summer is a 20-year-old white female weighing 145 lbs with a height of 5.07. Summer will be getting the most of the sentence as proven by the witnesses she hit Samuel with a shoe which left him unconscious and caused him permanent brain damage. The fact was involved with Bubba and Skeeter is enough to put her through trial. Summer committed Aggravated Assault 16-5-21. Her actions brought severe bodily harm to the victim and left him with permanent brain damage.

Penalty

Summer will be giving a hefty fine and serving from 1-21 years in prison.

Conclusion

The case is evident that two white males and a white female brought harm to an older white male. The fact that the victim was friends with one of his assaulters makes it worse. However, there were specific terms like “you will never lay a hand on her again” used by the offenders Bubba and Skeeter, which further shows that there is a reason behind their actions. The nature of Samuel and Summer’s friendship is still unknown to the case; a trial needs to be done to make things more transparent. However, regardless of everything, no one has the right to take justice their own hands to settle the scores with their foes. If Summer had an issue with Samuel, she could have gone to the police. It is a fact that no one is above justice; in fact, all of this could have been avoided if proper legal steps were initiated.

References

Breetzke, G. D. (2017). The importance of space and time in aggravated assault victimization. Journal of interpersonal violence, 0886260517704961.

Sugarman, S. D. (2017). Restating the Tort of Battery. Journal of Tort Law, 10(2).

Lee, C. (2018). Reforming the Law on Police Use of Deadly Force: De-Escalation, Preseizure Conduct, and Imperfect Self-Defense. U. Ill. L. Rev., 629.