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"2:41 a.m: Off Campus Aggravated Assault"

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Postby PhirePhilBennett » Mon Oct 09, 2006 1:36 am

jtstang wrote:
J.T.supporta wrote:they only use aggrevated to classify what type of assault it was.

if it was with any type of weapon they would have said "assault with a deadly weapon"

Wrong, assault with a weapon is an aggravated assault. From the Texas Penal Code:

§ 22.02. AGGRAVATED ASSAULT. (a) A person commits an
offense if the person commits assault as defined in § 22.01 and
the person:
(1) causes serious bodily injury to another, including
the person's spouse; or
(2) uses or exhibits a deadly weapon during the
commission of the assault.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the
commission of the assault and causes serious bodily injury to a
person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code;
or
(2) regardless of whether the offense is committed
under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the
servant's office or employment;
(B) against a person the actor knows is a public
servant while the public servant is lawfully discharging an
official duty, or in retaliation or on account of an exercise of
official power or performance of an official duty as a public
servant;
(C) in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime; or
(D) against a person the actor knows is a
security officer while the officer is performing a duty as a
security officer.
(c) The actor is presumed to have known the person assaulted
was a public servant or a security officer if the person was wearing
a distinctive uniform or badge indicating the person's employment
as a public servant or status as a security officer.
(d) In this section, "security officer" means a
commissioned security officer as defined by Section 1702.002,
Occupations Code, or a noncommissioned security officer registered
under Section 1702.221, Occupations Code.


(e) It shall be a DEFENSE to this section if in the person assaulted was stalking you and he looks really gay in FaceBook.com pictures.
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Postby J.T.supporta » Mon Oct 09, 2006 1:38 am

I second that picture comment.
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Postby SMU Football Blog » Mon Oct 09, 2006 7:35 am

This is not complicated. Two students got in a fight off campus. Neither were badly hurt. One filed a police report. No charges have been filed. One student happened to be a football player.
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Postby jtstang » Mon Oct 09, 2006 7:56 am

SMU Football Blog wrote:This is not complicated. Two students got in a fight off campus. Neither were badly hurt. One filed a police report. No charges have been filed. One student happened to be a football player.

Actually, one is a football player whose daddy has now stated publicly that SMU has treated his son badly. That could complicate things a little, at least for the football team. Other than that, legally you nailed it, I am sure this kind of theing happens all the time.
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Postby SMU Football Blog » Mon Oct 09, 2006 7:57 am

Actually, I think it will simplify things.
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Postby Bergermeister » Mon Oct 09, 2006 8:19 am

Upset daddy article. Is this pee-wee football or is the coach actually the one who makes the calls?
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I Feel Bad for Justin

Postby SMUBob » Mon Oct 09, 2006 8:26 am

Assuming the facts are as advertised (stalker has been threatening Justin for months, he notified an authority figure, nothing was done about it, Justin didn't escalate the situation -- then stalker shows up at private function at home of a player, is told that he is not welcome, insists on staying there to harass Justin, refuses to leave, ends up being punched out by Justin), then the SMU program had better get behind its QB right now.

He violated the team's rules by getting into a fight, and he has been punished. If he is not reinstated today then one of two things is true

1. Justin had more to do with causing the altercation than has been reported, is a bad person, and needs to be dismissed from the team permanently, or if that is not true, then

2. SMU is utterly incapable of running a Div 1 program, and Justin would be smart to withdraw from the school and take his talents elsewhere.

I would hate to see SMU fail to rally behind Justin. Bennett should take some of the blame here for not heading this one off. We should do what every other Div 1 program would do and rally behind our kid.
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Postby PK » Mon Oct 09, 2006 8:38 am

There are a lot of facts related to this whole thing that none of us knows and in our collective knee jerk manner we are quick to point fingers based upon no thorough knowledge. We are assuming PB did nothing based upon the fact that the stalker continued to do what he was doing. I don't know about the rest of you, but if I made a complaint and "nothing changed", I would be right back complaining and asking for assistance. Other than notifying PB back in the spring, no one has indicated that additional discussions with the coach were had. Maybe there were additional conversations and requests for help...who knows? The whole problem for us trying to gage what has happened is that we don't have enough information to be pointing fingers at anyone at this time...so chill out and let the parties involved work this out. We can point fingers later if necessary.
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Postby BRStang » Mon Oct 09, 2006 9:00 am

Just looking at all this stuff this morning. So that's why Willis was suspended. Talk about being hit by a ton of bricks on a Monday morning. :shock: Unbelievably depressing.

QUESTION: Outside of this board, I heard that this incident is all the way up to Turner's office and that Willis could get kicked out of school. Can anyone shed some light on this?

PB better stand up for his player! :evil: This is absolute b.s. Hopefully, Willis knows the fans support him.
Geaux MUSTANGS! Geaux Tigers!
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Postby SMULadyIW » Mon Oct 09, 2006 9:23 am

I don't know where exactly you all got the time from, but it didn't happen that late...
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Postby mustangfan01 » Mon Oct 09, 2006 9:25 am

I think all students on this board should go hit a random student twice on your own property. That way, any punishment that is decided for Willis will have to be done to all copying students as well. So, if they want to punish Willis academically, they can send 200 students home as well.


200 x $40,000 = $8,000,000.
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Postby ponyboy » Mon Oct 09, 2006 9:27 am

Time was probably when the police report was taken.

I agree with PK, the knee jerking isn't wise.

I stand behind Justin 100% based upon what we know right now. And I stand behind Coach Bennett's actions.
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Postby jtstang » Mon Oct 09, 2006 10:25 am

ponyboy wrote:I stand behind Justin 100% based upon what we know right now.

Justin would probably prefer if you stood in front of him.
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Postby mrydel » Mon Oct 09, 2006 10:35 am

jtstang wrote:
ponyboy wrote:I stand behind Justin 100% based upon what we know right now.

Justin would probably prefer if you stood in front of him.


And give more than his heart.
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Postby SMU_is_bowling » Mon Oct 09, 2006 10:37 am

I agree. If he broke the rules then deserved to be punished, but the punishment should fit the crime, so hopefully he will not pay more than is necessary for hitting a man who was "stalking" him for months.

we shall see...
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