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Reply to "Va. man brutally beaten 10 years ago dies from his injuries - what now?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Morbid curiosity: what precipitated the attack? Did the assailants just walk up and cold cock him? Did they all know each other prior to that evening? [/quote] He was talking trash, but didn’t physically touch anyone.[/quote] The one guy punched him from behind causing him to fall to the ground and hit his head on a grate. The other proceeded to kick him in the head as he lay there on the ground. He never woke up.[/quote] I wonder if they cold tell if the major injury was caused by the fall and initial head injury or by the kicking. It isn't uncommon for a big drunk guy (off balance) to end up with a serious or even fatal health injury from a punch or a push. However the person punching or pushing has no intention of killing them. They are just 'fighting' and while 99.9% of a time a punch or a push is not fatal, the odds increase when you punch or push a big drunk guy who easily loses balance, has limited reflexes and falls hard. If it was the push and fall that caused the major injury - it was really manslaughter, not murder. There was no intent. You can't say that every punch or push ever is attempted murder. If the kicking was what caused the major injuries, then there is a greater case, as there is more intention to cause harm when you kick someone lying on the ground in the head. However it might still be hard to argue that the intention was to kill him[/quote]
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