Quote:
Originally Posted by Papa_Complex
As a question of law, it would matter whether he was already carrying the brick when he walked in on the act, in progress. If he stopped to pick one up, then it shows forethought. As he beat the guy to death with his hands, not so much. As AMJ says no DA is going to want to go forward with such a case, if the medical evidence proves out. Certainly not if he has a hope of re-election.
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Not necessarily... It's a matter of excessive force... anything beyond what was necessary to stop the attack could be considered excessive. Again, it's not clearly defined...