It would be a good one for Judge Judy.Civil court is the best venue if either party wishes to pursue it.
It would be a good one for Judge Judy.Civil court is the best venue if either party wishes to pursue it.
One of the best ways to address such matters is to arrest for PC 415(1) as it resolved the matter by the arrest. Even if it is not prosecuted, the parties are separated and can spend a few hours in a holding cell until released with a court date (a citation).
Why can't adults just pretend to act like adults? *Sigh*
I know this is a fairly old thread, but I just stumbled upon it. In my opinion, the scene shown in the video is not a “protest/counter-protest” – it is a riot, pure and simple. There is chaos and multiple acts of intentional and prolonged violence everywhere in the camera’s frame of view, even when the camera is panned.
With nothing to go on besides the video, it is impossible to determine the actions of either of the parties OP is asking about prior to when they enter the camera’s field of view or what their intent was when they did enter view of the camera. However, it does not APPEAR that either is attempting to escape the chaos or making any attempt to calm the scene. What it APPEARS is that both are intentionally advancing to join the fray and, in so doing, engage each other. Therefore, in my opinion, neither can make a valid claim of assault as it truly was “mutual combat.” Further, because of the widespread violence going on around them, both are guilty of more than a simple disorderly conduct – akin to a couple of drunks going out behind the bar to posture and fight. I believe that it would be appropriate to charge both with rioting, which, while still a misdemeanor, carries the possibility of a stiffer penalty than disorderly.
Unfortunately, the major media outlets delight in distorting definitions when reporting such events recently. “Peaceful protest” is interpreted as “there were sporadic acts of vandalism, major disruptions to traffic and free travel, and lots of hateful and violent rhetoric – but no major amounts of blood was spilled nor were any buildings burned (dumpsters or even vehicles don’t seem to count as “real” arson) or other violent felonies.” “Mostly peaceful protest” means “there was serious violence, property damage, arson, etc., but there is no proof that more than 50% of those present were actively engaged in any of those acts – MOST of the rioters (50.1%) limited themselves to merely actively blocking the police when they tried to identify and apprehend those so engaged.” In that media environment, few prosecutors are willing to follow through with charges for those rounded up in group arrests for things like disorderly or rioting. They will only charge those positively identifiable on video while doing things like committing felony level assaults or taking an axe to the firehose of the firemen trying to put out the arson fires. Therefore, the cops are directed to “contain” the chaos and violence rather than attempt to quell it by arresting those causing it (and risk being sued – or worse, being subjected to a civil rights investigation – for “provoking” someone already actively participating in a riot).
Just my personal opinion and two cents on the topic – take it for what you will.
Having some personal knowledge of two events in Berkeley (including the one referred to in the above video), the orders that effectively were "stand down" orders came from upon high. The first, from Admin at UC Berkeley, and the one above from BPD administration with some conflicting tales of city hall involvement.
At least in CA (and to a good extent, OR and WA as well), there is a serious political reluctance to intervene against protesters and rioters that are to the left side of the spectrum. In CA's case, it comes from a continued rush to coddle the criminal and the deviant, and disparage all that might raise a hand to question the increased taxes, red ink, and socialist legislation.
Missed whatever it was. Maybe it is the daily dope and petty theft arrests (among the criminal and deviant by an objective standard) of the same people that are driving me nuts.
If it was that query about personally observed protests in WA or OR, that would be zero. How many am I aware of through friends that worked them? Quite a number. Are ALL protests filled with violence and destruction? Of course not. We here in CA seem to have a greater tolerance for such acts than many other places. Ironically, the destruction seems to occur in those places that tend to favor the political leanings of the rioters.