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Is this Assault & Battery?

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Elusivedee

Junior Member
What is the name of your state? Texas

My 12 year old daughter was playing basketball for her school and her and another girl (opponent) tied up the ball. By the time the official blew her whistle my daughter was already in the process of turning with the ball and the opponent fell to the floor. The official approached my daughter yelling at her that she shouldn't have done that and that it was not that serious and to calm down. As my daughter slightly turned and dropped her head the official jabbed the ball at my daughters side/chest (she did make physical contact) and said something to the effect of "okay, you hear me?" You can tell by her body language that she was angry. :mad:

Is that assault and battery? Should I have filed charges?

I have it all on video and I feel did the right thing by not leaving the stands to confront the official but now I wished I would have went to my daughters aid. I also found out that the official is also the elementary school coach of the team we were playing. What can I do?:confused:
 
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... this is what the police, the investigators, and the D.A. are all there for.

If you feel this is serious enough to ask an attorney, then perhaps you should contact the police, as they'd be better qualified to answer this question.

--Dave.
 

Elusivedee

Junior Member
Thank you. I decided that I will take it to the police tomorrow. If spectators, parents and coaches are being held accountable for their actions and can have charges filed against them for making contact with officials and players, then it should go both ways. I know if I would have ran out of the stands when this happened to confront the official I would have been ejected and possibly arrested if I made any physical contact with her

Thanks again. :)
 

ForFun

Member
It could have been assault and battery, depending on exactly what happened. But while I don't like adults being rough with kids, going to the police or suing may be a bit extreme if nothing but your daughter's pride was injured.

Perhaps a phone call to the appropriate school/league officials would be a better move. Explain what happened, and tell them that you have the incident on video.
 

panzertanker

Senior Member
What is the name of your state? Texas

My 12 year old daughter was playing basketball for her school and her and another girl (opponent) tied up the ball. By the time the official blew her whistle my daughter was already in the process of turning with the ball and the opponent fell to the floor. The official approached my daughter yelling at her that she shouldn't have done that and that it was not that serious and to calm down. As my daughter slightly turned and dropped her head the official jabbed the ball at my daughters side/chest (she did make physical contact) and said something to the effect of "okay, you hear me?" You can tell by her body language that she was angry. :mad:

Is that assault and battery? Should I have filed charges?

I have it all on video and I feel did the right thing by not leaving the stands to confront the official but now I wished I would have went to my daughters aid. I also found out that the official is also the elementary school coach of the team we were playing. What can I do?:confused:
Your statements appear that your child was turning at the same time the coach was trying to touch her with the ball...correct?

Did it leave a mark?
Did your daughter fall down?
Did anyone else think the coach's behavior was inappropriate?

You are the one who saw it, and only you can decide if it was truly meant to be harmful or not. Have the local PD look at the tape to guide you...
 

CdwJava

Senior Member
I seriously doubt that this is going to result in prosecution. Jabbing a basketball into a kid's side, unless done with great force, is not likely to get a prosecutor or the cops all excited. As a parent of three boys who play numerous sports, I agree that I might be upset, but I would not call the cops over it ... and I AM a cop.

If you want to complain go to the governing body of the basketball league.

- Carl
 

HappyHusband

Senior Member
I have it all on video and I feel did the right thing by not leaving the stands to confront the official but now I wished I would have went to my daughters aid.
I admire your restraint. That "official" was wrong.

"Assault and battery" in Texas is just "Assault".

Texas PENAL CODE
§ 22.01. ASSAULT

(a) A person commits an offense if the
person:

(1) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse;

(2) intentionally or knowingly threatens another with
imminent bodily injury, including the person's spouse;
or
(3) intentionally or knowingly causes physical
contact with another when the person knows or should reasonably
believe that the other will regard the contact as offensive or
provocative.


§ 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR
DISABLED INDIVIDUAL.
(a) A person commits an offense if he
intentionally, knowingly, recklessly, or with criminal negligence,
by act or intentionally, knowingly, or recklessly by omission,
causes to a child, elderly individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury;
or
(3) bodily injury.

(f) An offense under Subsection (a)(3) or (a-1)(3) or (4) is
a felony of the third degree when the conduct is committed
intentionally or knowingly.
 

CdwJava

Senior Member
Intent would be an issue here, and I seriously doubt that the prosecutror or police are going to get all excited to prosecute. I'm picturing this as a short push with the ball. Inappropriate, probably. Criminal, I doubt it.

Again, going to the league with the complaint would seem to be the more appropriate action. If the referee has a hot temper, he shouldn't be doing the job.

- Carl
 

Kane

Member
The Class A version of assault requires that the "assault" causes pain. To enhance it to a felony, you need start with at least a Class A.

"Offensive Touching" is a Class C misdemeanor - it's a fine-only offense.

I don't think anybody's getting arrested over this, and if they were, I don't think they'd be convicted. Touching somebody with a basketball in a basketball game is not "offensive and provocative," at least not in my book.
 

CdwJava

Senior Member
Kane said:
I don't think anybody's getting arrested over this, and if they were, I don't think they'd be convicted. Touching somebody with a basketball in a basketball game is not "offensive and provocative," at least not in my book.
I agree.

- Carl
 
Intent would be an issue here, and I seriously doubt that the prosecutror or police are going to get all excited to prosecute. I'm picturing this as a short push with the ball. Inappropriate, probably. Criminal, I doubt it.

Again, going to the league with the complaint would seem to be the more appropriate action. If the referee has a hot temper, he shouldn't be doing the job.

- Carl
like I said, an Officer, Investigator, or Prosecutor would be best to answer these questions ... I didn't say "go try to press charges" :)

--Dave.
 

Elusivedee

Junior Member
Assault & Battery

Thank you all for responding. Most of the people who have seen the video clip feel it was very inappropriate.

This happened at a basketball game between to Christian Schools. I later found out that the Official was our opponents elementary school coach. She was clearly angry and thought my daughter did it on purpose. If not, why would she yell at her and tell her "You shouldn't have done that"? Then after the game when I approached her she first denied yelling and when I told her I had it on tape she stated "Did you see what she did?" Those two statements alone show intent. Other parents and grandparents were sitting right by the incident and were shocked. I took it to the schools Superintendent and they just blew me off even after seeing the tape. They didn't even offer to apologize to my child. That school and it's officials are a bunch of hypocrites. Even though my daughter is big for her age (5'6) and the official was shorter (5'4) she was still scared. My daughter thought she was going to be pushed or hit.

Anyway, a big part of me regrets not running out of the stands and snatching her bald. :D
Some might feel it's nothing but it's the principle.
 

mommyof4

Senior Member
Two words...Bobby Knight. :cool: A coach or an official being a bit 'rough' with a kid, especially when stepping into a percieved potentially dangerous or injurous situation is not going to be prosecuted for assault.

I agree that if you really are this upset about the official jabbing your daughter with the ball, the best way to handle it is to file a complaint with the athletic organization that your daughter is involved in or the school where the official works.
 
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CdwJava

Senior Member
Elusivedee said:
Thank you all for responding. Most of the people who have seen the video clip feel it was very inappropriate.
Maybe so. But that does not necessarily make it either actionable or prosecutable.

They didn't even offer to apologize to my child.
Well, there is certainly a league official, or even your own school administration that you can go to with your complaint. But, if they refuse to give in to your demands - whatever they are - your options might be limited to simply taking your child off the team.

Anyway, a big part of me regrets not running out of the stands and snatching her bald.
That probably would have landed you in jail.

- Carl
 

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