Jbyrdo wrote: Gizmo wrote: Jbyrdo wrote: master453 wrote: KolbSaves wrote:
wrveres wrote:I just saw the Video ...
while it is impossible to tell if it was underhand or not, that bat was coming in pretty quik. It def. was not 'tossed', it was thrown, and that to me is assualt and battery.
I honestly think the ump should file charges.
anything less than a 100 game suspension is nuts ...
You can tell it was thrown underhanded because of the spin on the bat (ie the handle goes counterclockwise). One thing you can't tell from the video is whether he was aiming it at the ump or not.
who else could he have been aiming at? his dugout was in the OTHER direction! so he wasnt throwing the bat away. the catcher was the only one else in the vicinity, and theres no reason to think he was aiming at him.
You clearly are no lawyer. Just because a bat is thrown hard under- hand and it hits the ump doesn't mean he had criminal intent to do bodily harm to the ump. It is quite possible that he just turned around and let go of the bat and it flung and hit the ump. (The best prospect in baseball is most likely pretty strong, hence the bat going fast)
Someone trying to assault an umpire with a bat isn't going to underhand throw it at him.
Hey if you bring up lawyer chat you better get the law right. Whether Delmon assaulted or even battered the Ump for that matter doesn't depend on whether he tossed the bat underhand or not.If you toss a bat underhand with the intent to hit or cause another to fear being hit, that is assault.
It pisses me off when lay people trying act smart and put someone else down misquote the law.
I'm not a lawyer, all I am saying is that it is only assualt if he tried to injure the ump. Now most will argue that by tossing a bat at someone they are trying to hurt them.
I think whether or not he tossed the bat underhand or hit him over the head shows intent. Watching the video it isn't completely positive to me that he had criminal intent to injure. By tossing the bat underhand, I was trying to say that it makes it seem less likely he was trying to hurt the ump.
That's just my opinion, and I think that if someone does have the intent to injure someone else, they aren't going to underhand fling a bat at someone. Maybe I'm wrong and Delmon was trying to kill the guy, I'm not sure what his motives were.
I'm a lawyer, and the common law definition of assault is roughly as follows: When you act in a way that causes apprehension of imminent harm in the other person. So, there are two prongs to this:
1. Delmon had to intend to throw the bat at the umpire and thus hurt or intimidate him.
2. The umpire had to be aware of Delmon's actions, and fear for his safety.
So, there's probably no assault, especially since the ump was turned around. Whether the ump heard the bat is something I don't know.
Delmon could be liable for battery, which is the offensive touching of another. There's no intent requirement for battery as there is in assault.
I'm pretty sure the above are the general rules in all 50 states, so no assault unless the ump knew the bat was coming. But, battery is definitely something that occurred.
IMO, he should be suspended for the remainder of the season and fined heavily. This sort of conduct is simply not to be tolerated at any level.