When I asked when a fight is deemed to have started, Dumptruck offers...

Quote:Legally, first hit. In the real world, when someone follows you around after having every possible avenue to leave saying insulting things and desperately trying to force an altercation.


Just my opinion. Others may vary.

Now I did not take the time to research the Oklahoma statutes or case law for all of the applications for assault, battery and self defense laws, so for the purposes of this discussion I'll go with what's been presented here on the board (a dangerous practice, granted,but...).

 

Assuming Roycee's account of events is accurate, then according to you, legally she started the fight with the push...right?

 

This is Roycee's account:

 

Quote: 

Girl walks into restaurant with friend. Mixon follows them in (he didn't need to follow he could have done something...anything else).


They exchange words she pushes him away he then acts like he's going to hit her then STOPS (could have walked away) she slaps him after he acts like hes going to punch her. He then punches her then very quickly walks away.


Mixon was looking for trouble, found it and got a tap on the wrist for it. He had multiple chances in the video alone to remove himself from the situation he didn't.


And this isnt his only incident at Oklahoma. He was suspended this past season for a game

Now, ROycee, taking your account at face value, is there anything SHE could have done to avoid the physical altercation?

 

Here is a link to the video of the altercation

 

https://video.search.yahoo.com/yhs/searc...tion=click

 

At the :28 mark, Mixon is facing the guy, not the woman.

 

At the :33 mark, Mixon appears to be walking away. 

 

At the :34 second mark, the woman got up and pushed Mixon.  Mixon then fakes as if to hit her.

 

 At the :35 second mark, she slaps Mixon.

 

Might there have been communication between the parties prior to entering the restaurant?  Yes.

 

Might Mixon have been obnoxious to them prior to entering the restaurant?  Yes.

 

Might they have been obnoxious to him?  Yes.

 

Might Mixon's response to her pushing and slapping him have been disproportionate to the use of force against him?  Yes.

 

Based upon the video, had Mixon used ANY physical force against her prior to her pushing and slapping him?  No.

 

The point is, Mixon may well have been morally or legally wrong to have hit her.  But based upon the video, she does not have clean hands here, either.  She had opportunity to de-escalate the situation and she didn't.

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