Assault with a deadly weapon charge?
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Thread: Assault with a deadly weapon charge?

  1. #1
    Online Community Director MissyJ's Avatar
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    Default Assault with a deadly weapon charge?

    Not-guilty plea in Lowell in alleged beef over tossed french fries

    Ok, I absolutely will not defend this guy from behaving like a jerk, nor that he may other issues going on that warrant the restraining order...

    but are McD's fries ever delivered hot enough through the drive through that they remain that way long enough for an argument to ensue, then to be tossed at a victim as a means of "assault with a deadly weapon"?

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    Posting Addict GloriaInTX's Avatar
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    According to the police report she did NOT appear to be injured and DECLINED medical attention. So I would say no. Sounds like they made something up so they could charge him.

    http://www.thesmokinggun.com/file/fr...assault?page=0
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    Posting Addict Spacers's Avatar
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    The linked article says assault with a dangerous, not deadly, weapon. Hot oil could definitely be dangerous, especially on one's face & eyes. Just out of curiousity, I mapped the distance using the details from TSM that Gloria linked and it's only about half a mile along a fairly major roadway, so it could easily have been only a matter of minutes. The victim doesn't have to suffer injuries, there simply has to be the likely potential for injury, for charges to be brought. But I'll bet the cops have had other experiences with this man to lead them to find something to charge him with this time.
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    Posting Addict GloriaInTX's Avatar
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    I have never received fries from McDonalds that were dripping with oil, especially enough to burn. If that were the case wouldn't the people who eat them immediately in the restaurant be suing for burned fingers? I don't remember ever burning my fingers on fries from anywhere.
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    Posting Addict Spacers's Avatar
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    French fries are cooked at 375 degrees, and human skin can be damaged at 120 degrees. I actually happened to pick up some fries at Jack in the Box yesterday, which were cooked fresh to order since it was 8:30 in the morning. I finished a conversation with another customer before heading out to my car. I got in & buckled up, and THEN reached in the bag, probably a good 5-6 minutes after receiving them, and my fries were still too hot enough for me to touch. I can't imagine getting a face full of them in that condition, I think I would have definitely been injured. They weren't "dripping" with oil, but there was enough residual oil from cooking that would have stuck on me. That girl is probably very lucky they were at a McDonalds in the evening rather than Jack in the Box in the morning.
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    Community Host wlillie's Avatar
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    Quote Originally Posted by GloriaInTX View Post
    According to the police report she did NOT appear to be injured and DECLINED medical attention. So I would say no. Sounds like they made something up so they could charge him.

    http://www.thesmokinggun.com/file/fr...assault?page=0
    This. I've never gotten french fries too hot to eat at McDonalds. Ever. Other places they may come out to us too hot, but not at McD's. I don't blame the cops though. Who the heck wastes food like that?

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    Posting Addict Spacers's Avatar
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    The fact that you guys get crappy fries doesn't mean that fries can never be hot enough to burn someone. And again, from a legal standpoint, she didn't have to actually *be* hurt, there just had to be a likelihood that she could have been hurt. I think I've shown that french fries *can* be hot enough to hurt someone, and should be considered a dangerous object when thrown at someone's face.
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    Community Host wlillie's Avatar
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    But they weren't dangerous; she couldn't have been hurt. That's like saying that someone who pokes you with a pair of kid's non-sharp scissors (no clue what they're really called) is using a dangerous weapon because sharp scissors could hurt you. They aren't the same thing despite having the same use. These fries weren't hot enough to hurt her, her Mom is just pissed (which I would be too).

    eta-From Gabe Ets-Hokin ? Editor-in-Cheese at CityBike Magazine

    More like salty battery than assault and battery.
    Last edited by wlillie; 06-26-2012 at 11:05 PM.

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    Posting Addict ClairesMommy's Avatar
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    Quote Originally Posted by wlillie View Post
    But they weren't dangerous; she couldn't have been hurt. That's like saying that someone who pokes you with a pair of kid's non-sharp scissors (no clue what they're really called) is using a dangerous weapon because sharp scissors could hurt you. They aren't the same thing despite having the same use. These fries weren't hot enough to hurt her, her Mom is just pissed (which I would be too).

    eta-From Gabe Ets-Hokin ? Editor-in-Cheese at CityBike Magazine

    More like salty battery than assault and battery.
    I just spit out my coffee on my keyboard.

  10. #10
    Mega Poster mom3girls's Avatar
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    Ridiculous charge. The guy was a jerk, deserves a charge but you will probably do more damage from eating Mcdonands fries then touching them (I do love eating them on occasion though)
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