Highlights of US Open Tennis Match-- Assault in the Stands?

I certainly did not expect that watching highlights of US Open tennis match this week would remind me of a day in Mecklenburg County District Court or a night of amateur UFC . During the Novak Djokovic and Philip Petschner match, an unruly spectator was reported to be swearing loudly and being obnoxious. No one wants to pay the pricey ticket for a sporting event and then be forced to sit behind the drunk idiot. The video shows one older gentleman and his daughter had enough. The beginning of the video shows the woman slap the out of line spectator. Argument ensues, spectator continues to be obnoxious, and then you see older man confront the spectator. You can't see his feet, but it appears he may have kicked something- could be the spectator's beer for all we know.




Another day in Mecklenburg District Court- you see these types of facts in assault, simple affray, assault with a deadly weapon, and drunk and disorderly cases. The daughter clearly was first to hit the spectator. Should she be held criminally responsible for assault and battery by a criminal court? Should she be punished? Or, did she do something that everyone else wanted to do? Applause broke out after she slapped him. The spectator laughs and claps his hands muttering something like "I can take ... of those".

The commentary on the internet proves the exact reason why this type of case needs to go in front of a jury. Just reading the disagreement about this case on popular legal blogs reminds me of the language I would use when I was a District Attorney for rejecting a case- "No reasonable likelihood of success of conviction at trial."   Jonathan Turley has no sympathy for the spectator calling it the most obnoxious event at the Open since John McEnroe played singles. Simple Justice called his opinion an embrace of violence stating the women had no right to slap the spectator. A jury, not a judge, needs to hear this case. 12 members of the community will hardly agree on this one- TMZ titled the post US Open Fight- Who's at Fault?!  Meanwhile, the US Open will ban all three individuals from attending the Open for two years. I doubt this case will be prosecuted by the District Attorney.

Burglary, Theft, Assault and Battery- The Week in the News

1. A man was arrested in Maryland for burglary when he was found dangling from the air conditioning ducts in a convenience store. According to the Associated Press, the man said he was playing hide and seek on the store's roof with some friends when he decided to hide in the ventilation system. Taking hide and seek extremely seriously, he removed the building's ventilation cover, crawled through the duct system and set off the fire extinguisher causing powder to be sprayed throughout the store. I wrote an earlier post on a person's constitutional right to remain silent and not speaking to police officers after arrest. He needs to watch the video, 10 Rules for Dealing with the Police, recommended in the post.  
2. Alcohol and beer is in the news again- A Columbia distributor left 1700 cases of expired Michelob Ultra and Budweiser beer at a landfill. According the the article, solid waste employees were caught on video allegedly hauling off 50 cases of the beer. Although it is not clear yet if the two employees will be prosecuted for theft, one has already quit and the other faces disciplinary action. I assume the landfill management company doesn't feel that one man's trash is another man's treasure. 
3. A restaurant on wheels is being forced to stay stationary for awhile. The restaurant, called The Lunch Box, is actually a shipping container placed on the back of a flat bed truck. The truck drops the container at certain locations for a few hours to sell gourmet sandwiches and salads. Laws for food vendors in Charlotte currently do not allow for shipping containers to serve as a restaurant. Here is the link to the broadcast from WCNC. 
4. While Mecklenburg County struggles to keep their library system afloat, George Washington owes a New York library money. According to the New York Daily News, the President that could not tell a lie checked out "The Law of Nations" and "Common Debates" over two centuries ago. According to ledgers found in the New York Society Library, Washington checked out the two books on October 5, 1789 and pledged to return them by November 2, 1789. They have never been returned. Who knew the lack of accountability of elected officials started with the first president? 
5. A Rock Hill man faces charges of assault and battery. According to the Charlotte Observer, Tony Smith was relaxing at the Executive Inn in Rock Hill when he decided to take his snake for an evening stroll; "I felt like taking my snake for a walk. I put my snake around my neck and as I was passing, I must have startled him and apparently he don't like snakes and called the law on me." The alleged victim, Jeffrey Culp, told police the snake hit him on the side of the mouth. Mr. Culp has no visible injuries. Although this case is getting national attention, click here for the WCNC report, snake and all.