[ame="http://www.youtube.com/watch?v=XlZNMzSLTQ4"]Corey Hart - Sunglasses At Night (Low Quality) - YouTube[/ame]
After watching the video it appears to me that the person who kicked the person on the ground was not much taller than the blonde haired woman that is standing beside them. JJ is 6'4"-6'5". The person in the video doesn't appear to be that much taller than the woman and I don't see her being 6' tall or taller. I believe the kicker is probably in the 5'9" to 5'11" range. Just my opinion after reviewing the video several times. But I believe the bar employees are the only non-biassed witnesses(that we have heard from so far) and BRPD didn't think to interview them after the fight which is mind boggling to say the least.
Or it could be bringing felony charges as a result of "using" a shoe as a weapon, as was evidenced in the Jena 6 case. Hence, taking all those shoes to determine which shoe it was. It doesn't necessarily matter the severity of the kick.
If you really listen to the video it says something like this" Hey Hey Hey Hey Jeff Jeff Jeff five o five o five o Jeff lets go". Im pretty close to word for word with it as well.
The DA overreached with that in Jena, too. I think it's difficult to make the case that soft athletic shoes are weapons. This campus is crawling with weapons-carrrying people, if so. If a weapon was involved, then it would go beyond second-degree battery and become aggravated battery, which no one has mentioned.
That's assuming athletic shoes were worn and not dress shoes... Either way, "shoes as weapons" is a silly concept, IMO. Our legal system is going to go down the road that makes EVERY item a "weapon". Your honor, Exhibit A: Sheet of white copy paper the defendant used as a weapon to paper cut my client in an attempt to end life.
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