Fw: Re: [Husker] Purify Arrested

[Bob Beach]

----------------------- Original Message -----------------------
 From:    Mark Landin <marklandin at gmail.com>
 To:      Bob Beach <baseballguy at neb.rr.com>
 Cc:      husker at tssi.com
 Date:    Mon, 07 May 2007 10:58:16 -0500
 Subject: Re: [Husker] Purify Arrested
----

If the charge remains as just assault, remember that this means Purify
did not actually injure or touch anyone. Basically, yelling at someone
to the point they felt uncomfortable, confronted, or threatened, is
assault. I'm not sure just what happened, but if there were an actual
physical element to this incident there would likely be battery
charges attached also.

So, it's fine with me if anyone thinks Purify acting in an aggressive
or threatening manner (which is all we can infer from an assault
charge) merits dismissal from the program, but I did want to point out
a common mistake that is sometimes made: that assault implies some
kind of physcial element. (Keller's uncivil behavior a few weeks ago
over a parking spot were also assault, but not batter).






      You are technically right as far as the letter of the law.  But, I
am not sure the report in the paper was trying to be technically legal. 
Here is a snip for the newspaper account:



LINCOLN - Nebraska receiver Maurice Purify was charged with two counts of assault after being arrested late Saturday night outside a Lincoln bar.

According to Lincoln police, Purify allegedly threw a man over a table, punched him several times and started to choke him inside The Alley, 1031 M St. Purify also is accused of striking the man's girlfriend in the face.




    If that account is correct there is a lot more here than yelling at
someone or making someone feel uncomfortable.  I would say we not only
have assault we have battery.  One is not always guilty of what one is
accused of but IF he is guilty I would think dismisal from the team
would be in order.


Bob Beach