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Archive for Friday, April 13, 2012

Man accused of striking 16-year-old during alleged road-rage incident

April 13, 2012

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A 33-year-old man was cited for misdemeanor battery after he was accused of striking a 16-year-old girl with her baseball cap Thursday afternoon during an alleged road rage incident.

Sgt. Trent McKinley, a Lawrence police spokesman, said the incident occurred near Sixth and Michigan streets, and the man was accused of becoming angry at the girl after he perceived she had hit her brakes unnecessarily while she was in traffic ahead of him. He’s accused of approaching the woman’s vehicle, opening her door and taking off her cap and hitting her with it.

McKinley said an officer was called by a third party about 4:15 p.m. about the incident, so it occurred some time before then. The suspect was located nearby, interviewed and given the notice to appear in municipal court on the battery charge.

Municipal court officials said Friday that information about the citation was still in the process of being forwarded to the court clerk’s office and that additional details, including the man’s name and court date, could not be released.

Comments

50YearResident 2 years ago

All this BS over the mere flip of the hat! He would probably get 20 years if he had actually tutched her, according to most posters here!

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notaubermime 2 years ago

Why does everything have to be gun this and gun that? What is wrong with mace?

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Katara 2 years ago

One must 21 in order to have a permit for concealed carry. This girl was 16. She still wouldn't be able to own a gun under Federal gun laws.

Why are people arguing about a situation that legally could not have occurred here?

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jaywalker 2 years ago

"If you think that somebody hitting you with your hat is unavoidably going to kill, cripple, or rape you, I think that's not a reasonable perception of that situation. "

Thanks for being obtuse. Really lends credibility to your argument. Of course the act of hitting someone with a hat doesn't lend to any of that. But a 33 year old MAN ripping open a teenage girls door by itself is the overt act. Your unwillingness to view the potential for harm here is what's "not a reasonable perception of that situation."

"Even in your quotations, somebody with a gun or knife must have "the immediate opportunity to use 'them', and must act in such a manner that leads you to conclude you are in immediate jeopardy"."

Ya know, I left that in there because I KNEW you'd hang your hat on it instead of actually considering the other factors listed. Makes me sad that it was so predictable. Disparity of force, power and size, male vs. female; 3 mitigating factors spelled out in front of your eyes that meet this situation to a T, yet you choose to ignore them and go with the one offered that doesn't. And you wonder why people get angry with you.
In your eyes, the 16 year old girl needs to wait and see what's going to happen next - a strange irate man has just stormed up to her vehicle and ripped open the door - yes, I'm sure she should wait until he gets his hands on her. She'll have no problem fighting back then. Unfortunately, in the eyes of the law as shown in the factors cited, she had every right to use a force multiplier. Your "take" is wrong.

"And, strongly suggesting that many on here seem to think that relatively small threats warrant the use of deadly force in self defense - you can believe that, but it's legally incorrect."

First, I never "strongly suggested" any such thing. Second, it's not legally incorrect in this situation, as my quotations prove.

"Any case law about opening a car door that's unlocked being equivalent to a home invasion?"

No, that's why I used words like "contend" and "could be construed." And the fact the car or a home is unlocked makes absolutely no difference whatsoever.

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jaywalker 2 years ago

jafs: "Use of force that is reasonably necessary to defend yourself from the threat.

Shooting somebody is almost certainly not reasonable in that situation, and killing them is certainly not."

Incredibly incorrect. Perhaps a review of concealed carry training would help you out on this.

"(One) caveat has to do with how you size up the criterion of ability. Here we are talking about the concepts of power and disparity of force. Clearly, a person with a gun or a knife, and the ability to use it, has the power to kill or cripple you. However, you can't shoot that person unless he has the immediate opportunity to use that ability on you, and he acts in such a manner that leads you to reasonably conclude you are in immediate jeopardy. What about if the threat does not have a gun, or a knife, or a bludgeon? There are several other factors that would fulfill the ability criterion:.....

.....A third factor is greater physical size and strength. If you are attacked by King Kong Bundy, you are on solid legal ground in using a force multiplier (a weapon) to avoid being killed or crippled.

....A fifth factor is male versus female. Our society assumes that females are more vulnerable and that there is a cultural predisposition for males to be more inclined than females to violent physical aggression. So, if you are female, and you are being attacked by a lone male, and the other criteria of opportunity and jeopardy are in play, you are on solid legal ground in terms of using deadly force if you have no other viable choice to avoid being killed or crippled. This would also include self-defense against rape."

I'd also contend that ripping open a stranger's car door is an invasion of personal property and space, and could be construed along the same lines as illegally entering someone's home.

Bottom line, the guy's lucky he didn't get shot. She would have been justified in doing so.

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honestone 2 years ago

Since I am a law abiding CC permit kinda person...if they did that to my daughter...I would have just pulled it out and shot him...then I would have beat her for being a snotty child...then I would have gotten a beer and relaxed What a bunch of idiots...

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JayhawkFan1985 2 years ago

a man did something similar to my mother in law several years ago on 9th and Iowa because he thought she cut him off just west of Emory where the lane drops. These people are dangerous. It is why I don't like conceal carry laws. You never can tell if these jerks are armed.

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Clickker 2 years ago

why no name yet?

Who are they protecting?

Gonna come out sooner or later

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Gandalf 2 years ago

This reminds me of when I usd to work in Lenexa. I got off work at 2 AM. While driving home on K10 a car came up and was riding my back bumper while I was doing 65. The jerk had his headlights on bright as well. I thought of hitting my brakes but if I had he would have rearended me for sure. So instead I turned my rearview mirror up to get the light out of my eyes and slowed to 55. After a few minutes he finally passed me. It was a highway patrolman. If I had known that I would have slammed on my brakes!!

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Clickker 2 years ago

Hmmmm no name yet? However the other assault they immediately post the name.

WHO ARE THEY TRYING TO PROTECT?

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biggunz 2 years ago

I love all the tough talk on here about shooting someone or them meeting your .38. Blah, blah, blah.... It's likely you'd be spending a good amount of time getting slapped in prison. And these very posters would be here saying they can't believe someone shot another person for slapping them upside the head!!

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Steve Swaggerty 2 years ago

What kind of debilitating, life threatening injuries were caused by this vicious attack? Just another example of the sad state of America today!!

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hujiko 2 years ago

So let me get this straight, some dude driving down 6th street on a Friday afternoon didn't know there would be traffic and drivers braking unexpectedly? What a total idiot. Use another road if you're in such a poor mood, everyone knows that the arterial streets fill up with bad drivers at those times.

I'm not blaming the girl, but since she is clearly a novice it is possible she instigated the attack by intentionally messing with the other driver. I know I have fooled with people behind me in traffic, and I have seen it done to others, so it's not a stretch. All I can say is it's not worth giving crazy people reason to take matters into their own hands, imagine if this guy had fully snapped and did something worse.

Lawrence drivers are terrible enough, don't add to it.

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Jason Johnson 2 years ago

Someone opens my car door, and they're not a friend or family, they're going to meet my .38

That guy was a moron.

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Bailey Perkins 2 years ago

I saw that happen and couldnt figure out what was going on. Turned in the intersection and saw the guy go up, open the door and smack the driver, and then walk back to his car. Crazy...

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gambailey 2 years ago

so, this one time, I was making out with my girlfriend in my car...and this man approached the car, so I sped off...when we got out of the car, his hook hand was hanging from the door handle. No, really.

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jaywalker 2 years ago

Educated guess: he was following too close or intentionally tail-gating, she hit the brakes to back him off, he blew his stack. Hope part of his punishment is anger management classes.

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imastinker 2 years ago

It sounds like these two people deserve each other! At least they spend their time abusing other idiots rather than inflicting their idiocy on the rest of the populace.

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Jeff Supernaw 2 years ago

Good thing she was wearing a hat and not a hoodie.

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notorious_agenda 2 years ago

DillonBarnes, Because it was a 16 year old girl. She was probably completely oblivious to the ensuing hat attack. The fact that the doors were unlocked just promotes that idea. She must have been going 1mph over the speed limit and tapped her brakes to slow down like any cautious new driver would.

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DillonBarnes 2 years ago

I am curious, why not lock the doors?

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FlintHawk 2 years ago

This is why I drive with my doors locked and, usually, with windows closed.

Got in the habit in Denver to keep panhandlers, druggies and weirdos from opening my door or grabbing me through the driver's side window. (I worked in the CBD.)

Never considered road-ragers' opening my door. They usually just ride my bumper, flip me off or honk incessantly —although I've not had the pleasure of those responses in Lawrence.

If this incident happened to my 16-year old, I would want to have a little "talk" with the idiot.

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James Minor 2 years ago

An example should be made of him. Hitting a young lady, possibly threatening her safety, battery, and road rage. Tough guys like him should get the special suite at the DCJ and forced to wear pink underwear. I bet he will get the feeling of what it is like to be a little girl when he is getting slapped around after the lights are off in the jail!!!!

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Mollie New Leaf 2 years ago

It doesn't matter if she flipped him off or not, he shouldn't have approached his vehicle. What is wrong with him? I think he deserves to be publicly shamed.

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pace 2 years ago

I am not jumping to judgement. Once some guy in the lane behind me, honked (a lot) when I stopped for a yellow light turning red. It wasn't a sudden stop, I realized he wanted me to keep going, He didn't want to stop. I wanted to stay in front of him and go as slow as possible. I knew it was road rage (mine). So I just gave him a wave, okay, it was with one finger. A lot of stuff is in the details. I hope she wasn't hurt, I hope he wasn't drunk. I would hope noone is ready to murder because someone was rude. But by the comments there are some out of control loonies out looking for a chance or excuse to blow someone away. That seems to be a more dangerous attitude than some teen teasing the old fart by braking in front of him or a full grown man who doesn't know to keep his hands off others property. Use your words, even if they are under your breath. Don't just shoot someone because they touched your car. Don't grab some cap and hit a person. Use your words or go get a smoothie.

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OldEnuf2BYurDad 2 years ago

If that had been my daughter, his ears would be digesting alongside the Taco Bravo that's in my stomach. Daddy doesn't go for that.

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Steven Gaudreau 2 years ago

If some angry guy opens my car door and looks like he is going to attack me, I will shoot him with my legally registered gun.

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rockchalker52 2 years ago

Big tough guy. What a redneck. Dumber than dumb. Send him to anger management, the dillrod. Any consequences he faces should include an apology to the young lady.

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ltd 2 years ago

Time will come to face dad...

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homechanger 2 years ago

I am SO glad it was not my 16 year old driver he assaulted. He should be too.

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DillonBarnes 2 years ago

Ah, don't we all feel like hitting a 16 year old driver from time to time?

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kansasredlegs 2 years ago

It takes a village, right?

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ksjayhawk74 2 years ago

"the man was accused of becoming angry at the girl after he perceived she had hit her brakes unnecessarily while she was in traffic ahead of him."

She didn't hit her brakes unnecessarily, you were following too close, Jck-ss!!!

If you're following the correct distance behind a car (2 seconds), it doesn't matter how quick they stop.

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Steve Jacob 2 years ago

Opening her car door, that's serious stuff. Anyway, no accident, at the most honk your horn and give the finger. Not saying that acceptable, but that's worst case.

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collective82 2 years ago

Title should be "man hits 16 year old girl with hat" not make it sound like he punched someone though I fully agree with G_rock 110%.

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g_rock 2 years ago

a. who hits a woman? b. who hits a minor? c. who hits a stranger in general? d. who told you it was ok to be a back seat driver in your own effing car?

Though now I kind of want to hit him....

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consumer1 2 years ago

Oh yes please do, and also, young driver's please stop texting while driving.

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tomatogrower 2 years ago

I guess it's a good thing she didn't have a gun. She might have felt threatened and killed him. And guess what, guy, you don't get to decide when someone is going to use a brake. It's not your decision. You just find another route when you can. What a jerk.

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amac 2 years ago

OMG people. please try to be patient with young drivers!

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