Assault Performance Task

Assignment 3: Assault Performance Task

CRJ 105: Crime and Criminal Behavior

The Happy Town police department responded to a 911 call on August 13, 2016, at approximately eight forty-three in the afternoon. The call came in from witness Michael Smith, who claims to have watched an assault take place on the street across from the Eat and Run Café. The assault took place at 111 Felony Drive, and it was reported that a Caucasian man was bleeding from his face. Upon arriving on the scene, police officers found four individuals; two of these individuals had been seriously hurt in the assault that transpired. All four individuals were taken into custody, but the two injured individuals were transported to the local hospital to have their injuries assessed and treated. The two injured individuals were identified as twenty-six-year-old Bubba Hurt and forty-one-year-old Samuel Clark.

According to police records, Bubba Hurt has had prior violations with the law and has both a misdemeanor and a felony charge placed against him with the Happy Town Police Department. Samuel Clark also has prior violations with the law, but the nature of his violations are not clear at this time, nor do we know what penalties he has faced for these violations of the law. The other two individuals involved in the assault were identified as Skeeter Redrum, a twenty-four-year-old Caucasian male, and Summer Breeze, a twenty-year-old Caucasian female. Skeeter Redrum has had prior violations with the law which consists of theft. Summer Breeze also has prior violations with the law consisting of theft.

There were three witnesses to the assault, and according to their statements which were taken by the police officers that responded to the scene, the assault took place after Samuel Clark was confronted by Bubba Hurt and Skeeter Redrum. In accordance with the Criminal Code of the State of Georgia, Titles 16-5-20, 16-5-21, 16-5-23, and 16-5-24, the incident reflects the violations of simple assault, aggravated assault, and assault with a deadly weapon. The perpetrators’ actions inflicted both fear and bodily harm up to the extent of the death of at least one of the individuals involved in the crime.

Skeeter Redrum, the twenty-four-year-old Caucasian male assailant, will be charged with one count of a misdemeanor. Skeeter Redrum violated the Criminal Code of the State of Georgia 16-5-20 – simple assault. This section of the Criminal Code of the State of Georgia (a) (1) states that “a person commits the offense of simple assault when he or she attempts to commit a violent injury to the person of another.” The misdemeanor charge is due to the fact that Mr. Redrum accompanied Bubba Hurt in the confrontation of Mr. Clark.

Skeeter Redrum will also be charged with one felony account due to violating the Criminal Code of the State of Georgia 16-5-20 Section (a) (2). This section of the Criminal Code of the State of Georgia states that “a person commits the offense of simple assault when he or she commits an act which places another person in reasonable apprehension of immediately receiving a violent injury.” The felony charge is due to the fact that Mr. Rerum kicked Mr. Clark after he was pushed to the ground. The punishment for the felony is imprisonment for up to one year and a fine of a thousand dollars along with probation and restitution. Skeeter Redrum will also be charged with a misdemeanor account of simple battery in accordance with Code 16-5-23 (1). Code 16-5-23 (1) of the Criminal Code of the State of Georgia states that causing sustainable physical harm or visible bodily harm is a misdemeanor of simple battery. The misdemeanor is punishable by up to a year in jail and a fine of up to a thousand dollars along with probation and restitution.

According to witness statements, Summer Breeze was observed taking off her shoe and helping both Bubba Hurt and Skeeter Redrum in the assault of Samuel Clark. The weapon, her shoe, inflicted severe injuries to Mr. Clark’s head which resulted in a permanent brain injury.

Summer Breeze violated the Criminal Code of the State of Georgia Code 16-5-20 section (1) and (2) when she participated in assaulting Mr. Clark. Her charges are one misdemeanor for attempting to commit violent injury and for placing someone else in reasonable apprehension of receiving a violent injury. Ms. Breeze faces a punishment of one up to twenty years in jail and a thousand dollar fine along with probation and restitution. Ms. Breeze also violated the Criminal Code of the State of Georgia Code 16-5-21 section (2). Code 16-5-21 section (2) of the Criminal Code of the State of Georgia states that “a person commits the offense of aggravated assault when he or she assaults another with a deadly weapon or with any object, device, or instrument which, when used offensively against the person, is likely to or actually does result in serious bodily injury”. When Ms. Breeze used her shoe to assault Mr. Clark, she committed aggravated assault with a deadly weapon. This felony is punishable by one up to twenty years in prison and fines along with restitution to the victim.

Ms. Breeze is also charged with a felony account of aggravated battery for maliciously causing bodily harm which resulted in a permanent disfigurement through the permanent brain injury that Mr. Clark sustained. This felony is also punishable by imprisonment for one up to twenty years.

In addition, police reports have indicated that this altercation was caused due to domestic circumstances. It was reported by witnesses and recorded by police that Bubba Hurt said to Mr. Clark that, “it was the last time he put his hands on her” in reference to Ms. Breeze. Even though this statement was made, there are no previous records of domestic violence between Mr. Clark and Ms. Breeze. Mr. Clark and Ms. Breeze do, however, have or had a close relationship. There are also no records that indicate that Ms. Breeze has ever been visibly injured by Mr. Clark. It is also noted that Ms. Breeze and Mr. Clark have never shared a residence together for any length of time. It is also noted that Ms. Breeze and Mr. Clark have never married. Therefore, there are no charges that can be held against Ms. Breeze under Title 6-5-24 section (h) which states “if the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formally living in the same household”.

Furthermore, this incident did not start out between Ms. Breeze and Mr. Clark, instead it started between Mr. Hurt, Mr. Redrum, and Mr. Clark. Mr. Clark was walking down the street in the direction of Ms. Breeze’s home when he was confronted by Bubba Hurt and Skeeter Redrum. Bubba Hurt threatened him, and Mr. Clark began to walk away as it began to rain which prompted him to open his umbrella. Mr. Clark tried to walk away from the altercation, but Bubba Hurt persisted and shoved him to the ground from behind. While Mr. Clark was trying to get up, Skeeter Redrum began kicking Mr. Clark, and Bubba Hurt joined Mr. Redrum in kicking Mr. Clark. While on his back on the ground, Mr. Clark grabbed his umbrella and swung at Bubba Hurt in response to being kicked. Mr. Clark’s umbrella struck Bubba Hurt in the eye. Bubba Hurt sustained a severe injury during the altercation, and he was transported to the local hospital when the police arrived on the scene, and he was later pronounced dead at the hospital.

According to police records, Mr. Clark does have prior violation with the law, but no records were provided to tell of what those prior violations were. Therefore, the only actions that we can consider are based on the evidence given to us by the police and by our witness statements in regard to the assault that occurred on August 16, 2016.

The evidence provided by the police and the witnesses indicates that Mr. Clark defended himself in the face of danger. Therefore, in accordance with the Criminal Code of the State of Georgia 16-3-21 section (a), Mr. Clark is justified in his actions as self-defense. The Criminal Code of the State of Georgia 16-3-21 section (a) reads as, “a person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force”. Therefore, Mr. Clark had the right to defend himself, and he will not be charged in the death of Bubba Hurt or the assault. Even though Mr. Clark has previous violations of the law, he was not in the wrong in this specific incident. Mr. Clark was merely trying to defend himself from his assailants when he struck Mr. Hurt in the eye with his umbrella; an injury Mr. Hurt, unfortunately, died from.

In conclusion, even though there is reasonable evidence that can be held against Bubba Hurt in relation to this incident against Mr. Clark, his untimely demise prevented him from being formally charged. Had Mr. Hurt survived his injuries, he would have been charged with Title 16-5-20 (a) (1) in accordance with the Criminal Code of the State of Georgia. Mr. Hurt would have also been charged with Title 16-5-20 (a) (2) in accordance with the Criminal Code of the State of Georgia. Both of these charges had a minimum of up to a year in jail for this felony as well as a fine of a thousand dollars along with probation and restitution. In this case, Summer Breeze and Skeeter Redrum should both spend time in jail as well as pay fines, be put on probation after serving their sentence, and they should both have to pay retribution to Mr. Clark. Had Mr. Hurt lived, he too should have been sentenced to jail time, fines, be put on probation after serving his sentence and made to pay retribution, but unfortunately, he succumbed to his injuries.