Re: Incident in Jena,La.
Question for everyone advocating that the charges are just......why wasn't the option of second degree battery given to the jury:
§34.1. Second degree battery
Second degree battery is a battery committed without the consent of the victim when the offender intentionally inflicts serious bodily injury.
For purposes of this article, serious bodily injury means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
I'd even concede this to be a more fair charge against defendants, with the option of simple A&B as a lesser option.
(2nd deg Batt. carries a 5 year max, fwiw...)
BUT NOT EVEN this was offered to the jury.
The DA chose NOT to go this route, and instead argued sneakers were a "dangerous weapon" because the aggravation of a "deadly weapon" carries a 15 year max, only after initially charging attempted murder, which requires intent and carries a 30 year max.
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