Background: Understanding Key Events
The provided case had various twists that define its complex nature. Bubba Hurt and Skeeter Redrum were trying to prevent Samuel Clark from visiting Summer Breeze. According to Skittle, Redrum and Hurt tell Clark to leave Ms. Breeze alone, and that was the "last time he put his hands on her." That is a weighty statement that shines a light on the events that followed. Clark ignores the two men and continues on his mission with the umbrella on due to the falling rains. It is Hurt who becomes physical first when he shoves Clark to the ground from behind. As Clark attempts to pick himself up, Redrum descends on him with a kick on the face forcing Clark to fall again. Mr. Hurt begins to kick on Clark, who is lying on the ground, and the latter picks his umbrella, swings it hit the former in his eye. Ms. Breeze hits Clark with her shoe, and the latter becomes unconscious.
Relevant Charges
The statements from Michael Smith, Andrea Sianturi, and Alan Skittles collaborate to some extent. However, of the three witnesses, Alan Skittle's statement appears to have more weight than the rest. At first, from the yelling and words uttered by Skeeter Redrum and Bubba Hurt, the two committed a simple assault on Samuel Clark. As a witness, Alan Skittles narrates that the two men were shouting at Clark and dared ever to lay his hands on Summer Breeze. According to Georgia Criminal Code O.C.G.A. 16-5-20 (2010), a person commits a simple assault through an act that puts another in realistic dread of instantly receiving violent harm ( Head, 2017 ). It is evident that if Samuel Clark had heeded the two men's warning, no violence could have befallen him. From the Code O.C.G.A. 16-5-20 (2010), words are enough to charge the two, Skeeter Redrum and Bubba Hurt, with simple assault ( Head, 2017 ). The words uttered by the two men implied that if Clark proceeded with his journey to Ms. Breeze's apartment, something unpleasant would befall him. The act of Clark walking away caps off the crime of simple assault. Until then, Hurt pushes him from behind, making Clark fall the ground, which satisfies the implied threat in their earlier statement.
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When Hurt pushes Clark from behind to the ground, the crime is elevated to aggravated assault. From the earlier statement, if Clark proceeded to Ms. Breeze's apartment, some untold consequences, which could include murder, could befall him. According to O.C.G.A 16-5-21, an aggravated assault is meted on someone to murder, rape, or rob (“ 2010 Georgia Code,” 2016 ). In this scenario, Bubba Hurt could have had an intention to murder Clark by pushing hard such that the latter fell on the sidewalk. The crime of aggravated assault was worsened when Skeeter Redrum kicked Clark on the face forcing the latter to fall on the ground. Therefore, Skeeter Redrum is also guilty of the offense. The actions by both Skeeter Redrum and Bubba Hurt shows an intention to kill Clark by knocking him dangerously on the ground. Clark developed a life-threatening concussion, which is proof of the intention to kill.
The action of Ms. Breeze of hitting Samuel Clark on the head with a shoe also places her on the list to be charged with aggravated assault. In the statement, Michael Smith recounts seeing a woman (Ms. Breeze) hit Samuel Clark on the head. Ms. Breeze’s action can be construed to laden with an intent to murder Samuel Clark. According to the O.C.G.A. 16-5-21 (2010) code, an aggravated assault is committed with an object used offensively against a person resulting in serious bodily injury (“ 2010 Georgia Code,” 2016 ). Ms. Breeze removed her shoe to hit Samuel Clark on the head, which contributed to the latter permanent brain injury medical status. In this case, it is demonstrable that the three persons, Ms. Breeze, Skeeter Redrum, and Bubba Hurt, meted violence with the ability to injure Samuel Clark. At the end of the violent confrontation, Samuel Clark suffered a permanent head injury.
The three persons, Skeeter Redrum, Bubba Hurt, and Ms. Breeze, are candidates for aggravated battery. According to Georgia Code O.C.G.A. 16-5-24 (2010), aggravated battery is applicable when one malevolently causes bodily harm to another. The harm should deprive the recipient of the use of his body part by making it useless (“U.S. Citizenship and Immigration Services,” 2017). The actions of the three individuals rendered the brain of Samuel Clark useless since he was diagnosed with permanent head damage. Following Samuel's decision not to engage Bubba and Hurt in a verbal confrontation, Hurt violently pushes him to the ground. Bubba follows Clark with a kick on the latter's face, which forces him back. In a bid to overpower an already defeated Clark, Ms. Breeze hits him with a shoe on the head, which renders him unconscious. The flow of the above events thus shows that the three deserve to be charged with aggravated battery.
The action of Samuel Clark hitting Bubba Hurt in the eye was out of self-defense and cannot be equated to the aggravated battery or aggravated assault. From the onset, one acknowledges that Samuel Clark was not interested in any form of physical or violent confrontation. He walks away from Hurt and Skeeter, and the former pushes him while the latter hit him on the face. Bubba takes over, and it is at this juncture that Samuel Clark picks his umbrella to defend himself. According to the Georgia Criminal Code, O.C.G.A. 16-3-21 (2010), it is justifiable for a person to use force against another if circumstances agree. The agreeability of the situation must be that the decision to use force is against the unlawful use of the same (“ Georgia Department of Juvenile Justice” ). The exemption in the law also applies in favor of Samuel Clark. The force meted against him was such that it was likely to cause great bodily harm or even death. Besides, Clark was not the aggressor, nor did he provoke the use of force against himself. From the events described in the case, it evident that the three aggressors had a preplanned agenda against Clark, who had to defend himself against the violence.
Summary
Through their heavily worded warning to Clark, the two aggressors, Hurt and Bubba, were liable to an offense of simple assault. It is construable that something nasty was bound to occur, Clark, if he did not heed to their warning from their threat. Sure to their warning, they started beating Cark when he proceeded with his journey to Ms. Breeze's house. The crime is elevated to aggravated assault since they have the intention of killing Samuel Clark. From another perspective, one could say that it is justifiable to charge the two attackers, including Ms. Breeze, with the aggravated battery because they caused bodily harm to Clark. However, Clark acted out of self-defense when he realized that he could not withstand any further violence from the two men. His acts to defend himself were nevertheless inadequate since Ms. Breeze quickly hit him, worsening his situation.
References
2010 Georgia Code:: TITLE 16 - CRIMES AND OFFENSES:: CHAPTER 5 - CRIMES AGAINST THE PERSON:: ARTICLE 2 - ASSAULT AND BATTERY:: § 16-5-21 - Aggravated assault . Justia Law. (2016). Retrieved 28 May 2020, from law.justia.com/codes/georgia/2010/title-16/chapter-5/article-2/16-5-21 .
Georgia Department of Juvenile Justice. Use of Force Policy Acknowledgement Statement [Ebook] (1st ed.). Retrieved 28 May 2020, from www.djj.state.ga.us/policies/DJJPolicies/Chapter19/Attachments/DJJ19.3AttachmentA.pdf
Head, W. (2017). Provisions of the Georgia Code: Simple Battery plus three key Reported Appellate cases . Hg.org. Retrieved 28 May 2020, from www.hg.org/legal-articles/provisions-of-the-georgia-code-simple-battery-plus-3-key-reported-appellate-cases-53883
U.S. Citizenship and Immigration Services. (2017). Application for Waiver of Grounds of Inadmissibility under section 212(h), 8 U.S.C. § 1182(h), of the Immigration and Nationality Act. [Ebook] (1st ed.). Retrieved 28 May 2020, from www.uscis.gov/sites/default/files/err/H2%20-%20Waiver%20of%20Inadmissibility%20-%20Criminal%20-%20212%20(h)/Decisions_Issued_in_2010/Dec202010_07H2212.pdf .
