0095 – FF Oakland Bus Fight (violent content)

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Thanks to Carmen from Cleveland ATA Black Belt Academy for sending me a link to today’s Friday Film.

Oakland Bus Fight Video

I’m not a lawyer so don’t take any of today’s podcast as legal advice.  It is simply my opinion.  If you have specific legal questions you need to consult an attorney.  David Arnold is an atorney, you will find him at The Warrior Summit.

My favorite part of the video is when the woman tells the bloody guy that she has it all on video and they can press charges.  Yes, the video would help in pressing charges,  however, I’m not so sure the guy who lost would have much success pressing charges at all.

There are four reasons why: AOJP

Ability : can some one hurt you.  Do they have what it takes to cause injury?

Opportunity:  is that person in a location where thay can use that ability to hurt you right now?

Jeopardy:  (intent) do you have reason to believe that the individual is going to act on their ability and their opportunity?

Preclusion:  can you get away?

Most people that are in our immediate vicinity most of the time have the ability and opportunity to harm us.  What they are missing is the intent.  Good thing for us that most people don’t have the intent to harm us.

Obviously in the opening moments of the conflict, both men have the Ability and the Opportunity to harm the other.  The big difference comes to play when the loser gets up to follow the winner.  In just a few moments the legal justification for self-defense is established for the winner of the fight.

First, when the winner stands up and walks away he demonstrates that he no longer wishes to be engaged.  This starts a whole new encounter.  I think he could have done a better job of verbal deflection, but he probably meets the verbal standard for preclusion.  He is able to leave and he does.

At the same time the loser clearly establishes Jeapoardy, or his intent to cause harm.  He follows the man who is trying to disengage from the situation and he clearly states his intention to put his foot up the mans ass.

Ability

Opportunity

Jeopardy (intent)

Preclusion

The response of the winner when he can no longer retreat is to aggressively defend himself with an instant and decisive response which we see is quite effective.

Cessation of the threat may be a bit of an issue here.  When the threat isn’t, our response needs to end just as quickly as we put it into play.