McCollough Assault Case not Done

#101
#101
vol94 said:
An indictment isn’t too difficult to obtain as the DA doesn’t have to provide much evidence. In this case, McCollough (allegedly) assaulted someone when there was not a threat to him being harmed. I’m not saying I agree but stating what the DA will say.
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You are correct. Self defense is a defense to an assault charge, but the alleged perpetrator has to be in some fear of harm. That will be tough to prove here.
 
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#102
#102
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#103
#103
EZE said:
Maybe. It’s questionable and here’s why. The intruder isn’t being charged with a crime, so his sobriety is essentially irrelevant to the case.

The player likely will use defenses like self defense, Tennessee’s version of the Castle Doctrine. Etc., but none of these involve the intruder’s sobriety, either.

It will be interesting to see what the judge would rule on this issue.
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Self defense using case law to determine the apartment vestibule, where the physical altercation occurred, falls under the laws regarding curtilage of the dwelling.

The judge basically stated that Jalen likely has a self defense claim before he punted it off to the Grand Jury.
 
#104
#104
UT_Tix79 said:
This kid that was punched is still having issues and hasn’t been able to return to work since the injury.

Show a little compassion, he wasn’t a threat, and was assaulted. He’s had multiple doctor visits, MRI’s and still can’t work this long after the attack.
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He wasn't assaulted. He brought it on himself. He's not a victim. He's the drunken bafoon who went into a man's house and then tried to re-enter.
 
#105
#105
UT_Tix79 said:
Rationality check:

Reverse the situation. Our player says while out celebrating beating Bama he leaves his friends apartment to go to his car, can’t find his car, so tries to go back to his friends apartment. Opens the unlocked door, and walks in before realizing it was the wrong apartment. Apologizes and leaves. Apartment owner follows the player out, punches him hard enough to knock teeth out and cause a concussion, and our player misses 4 games due to the injury.

The apartment owner claims self defense and says our player refused to leave and got mouthy, so he punched him when he refused to leave.

Does your opinion change on who is at fault? If so, you’re looking at things non-rationally, and letting your fandom get in the way, if your opinion doesn’t change, then you’re not.
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What's sobriety levels? I've been pretty drunk but never went to the wrong BUILDING.
 
#106
#106
I travel around in my job and see people in their homes. I’ve accidentally walked in homes or apartments before, and I wasn’t even drunk.
 
#107
#107
DynaLo said:
Self defense using case law to determine the apartment vestibule, where the physical altercation occurred, falls under the laws regarding curtilage of the dwelling.

The judge basically stated that Jalen likely has a self defense claim before he punted it off to the Grand Jury.
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Of course he has a “claim.” But it is a question of fact, and thus will be up to the grand jury here, and then potentially the jury later, to decide if they believe it has merit. Neither of us has heard all of the real evidence and has anywhere close to a clue as to what they will decide.
 
#108
#108
patrick said:
The purported "victim" was drunk, entered in the "wrong" apartment - in the "wrong" apartment building, speaks volumes about the case.
I would venture to say that if the dispute did not involve a Tennessee football player, the legal situation would be different. But what do I know - I've only practiced law for 25 years.
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Understood. My post was just to share that this foolish case is still in action. Frankly, I agree with what you said, "if the dispute did not involve a Tennessee football player." But I won't tell you why I do agree, as doing so would create explosive reaction posts. Thereby forcing Freak to eliminate the posts or thread. Or worse.
 
#109
#109
EZE said:
Of course he has a “claim.” But it is a question of fact, and thus will be up to the grand jury here, and then potentially the jury later, to decide if they believe it has merit. Neither of us has heard all of the real evidence and has anywhere close to a clue as to what they will decide.
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Did you not watch the hearing from this week? I posted the link to it.
I’ve seen and heard all the statements and evidence presented in that hearing and I’ve just been restating testimony and the judge’s comments from that hearing.
 
#110
#110
WoodsmanVol said:
Trial isn't proceeding yet, so no decision made. But it wouldn't surprise me if Jaylen ends up getting the 3 - 15 years. At the risk of royally pizzing off certain peeple, such things are typical of how the justice system works for certain factions of our population. Unfair judgments, and totally out the norm sentencing, it's typical. This should have been over long ago. The victim's stories just doesn't smell right. I've been irrevocably anti-big brother for decades. But now, I swear I'd welcome not only welcome the George Orwell: 1984 Big Brother surveillance, but the Richard Clabaugh directed Eyeborg surveillance as well. It would benefit many, including guys wrongly accused of harassment, cutting down on entitled Karens behavior and their fake cop calls, badged bullies (as opposed to REAL cops) and so much more. I'm shocked at my changed attitude about public surveillance, but fear it may be necessary, even if not perfect protection against unjust actions and bogus accusations.
View attachment 512969
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It may well backfire to have the vid. Could seriously undermine either of them, but that could hurt McCullough for sure.
 
#111
#111
DynaLo said:
Did you not watch the hearing from this week? I posted the link to it.
I’ve seen and heard all the statements and evidence presented in that hearing and I’ve just been restating testimony and the judge’s comments from that hearing.
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All that matters is the grand jury’s decision. Mine doesn’t matter.
 
#112
#112
DynaLo said:
Did you not watch the hearing from this week? I posted the link to it.
I’ve seen and heard all the statements and evidence presented in that hearing and I’ve just been restating testimony and the judge’s comments from that hearing.
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He's got a hard-on for throwing football players in jail.
 
#113
#113
UT_Tix79 said:
I travel around in my job and see people in their homes. I’ve accidentally walked in homes or apartments before, and I wasn’t even drunk.
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Did you stand in their living room for several minutes mumbling about needing to recharge your phone and find your friend? And, you know, refuse to leave?

Because that would probably be bad.
 
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#114
#114
GUNTERSVOL said:
Assuming we make it to trial, is his blood alcohol level in play by the defense? Surely that was established during the investigation and medical care.
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McCollough's attorney sure banged that drum over and over during the preliminary hearing. So I'd say yeah, his drunkenness will probably be a significant part of the defense.

In two ways: (a) he's a loose cannon staggering around the apartment complex going places he shouldn't, and (b) his testimony should probably be discounted because how in the heck is he going to have clear recollection, toasted as he was?
 
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#115
#115
VFL-82-JP said:
McCollough's attorney sure banged that drum over and over during the preliminary hearing. So I'd say yeah, his drunkenness will probably be a significant part of the defense.

In two ways: (a) he's an idiot staggering around the apartment complex going places he shouldn't, and (b) his testimony should probably be discounted because how in the heck is he going to have clear recollection, toasted as he was?
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FFS he claims to have been punched in the front and "fell backwards down the stairs" while he was leaving. Was he walking backwards? And how the heck did he not damage the handle he had on him?
 
#116
#116
EZE said:
You are correct. Self defense is a defense to an assault charge, but the alleged perpetrator has to be in some fear of harm. That will be tough to prove here.
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I don't think he has to be in fear of harm to himself, though. He can be in fear of harm to his girlfriend. Or maybe even his cherished possessions. I don't know if fear for the security of belongings is adequate cause for use of reasonable force to protect them in the state of Tennessee, or not. But certainly fear for a loved one is included in self defense, right?
 
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#117
#117
VFL-82-JP said:
McCollough's attorney sure banged that drum over and over during the preliminary hearing. So I'd say yeah, his drunkenness will probably be a significant part of the defense.

In two ways: (a) he's a loose cannon staggering around the apartment complex going places he shouldn't, and (b) his testimony should probably be discounted because how in the heck is he going to have clear recollection, toasted as he was?
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The second part (b) is the best way it comes in at trial. Did they take a BAC?
 
#118
#118
VFL-82-JP said:
I don't think he has to be in fear of harm to himself, though. He can be in fear of harm to his girlfriend. Or maybe even his cherished possessions. I don't know if fear for the security of belongings is adequate cause for use of reasonable force to protect them in the state of Tennessee, or not. But certainly fear for a loved one is included in self defense, right?
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Not belongings, but certainly his girlfriend’s well being matters.
 
#119
#119
BanditVol said:
It may well backfire to have the vid. Could seriously undermine either of them, but that could hurt McCullough for sure.
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Sure. But I wasn't talking only about the Jylen situation. I'm to my own shock, totally for Big Borhter/Eyeborg surveillance given social events in these times. I'd have wanted to brain you if you even hinted at such surveillance in the somewhat recent past. Not anymore.
 
#120
#120
ButchPlz said:
FFS he claims to have been punched in the front and "fell backwards down the stairs" while he was leaving. Was he walking backwards? And how the heck did he not damage the handle he had on him?
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I could actually visualize that series of events in my head, no problem.

McCollough has backed him out of the apartment. Now they're standing just outside the vestibule (at some point, Burrell comes out and is actually just inside the vestibule, leaning against the corner).

The handrail separating the landing from the stairs is probably much closer than the 30' from door to top of stairs that both sides seemed to agree upon. Look in the photos below, from similar apartment breezeways, to see what I mean.

images
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So the dude either turns away (his story) or doesn't (McCollough/Burrell's version), and says some snide comment and/or threatens to go back into the apartment, so McCollough hits him. Once. To stop him. Doesn't wale on the guy out of anger, doesn't hit him again and again, doesn't kick him, doesn't stand over him shouting. He just hits him once, to stop him.

Dude staggers, because a college football player rocks your world a bit when he hits you in the face. He grabs the hand rail to avoid falling down, and follows it to the top of the stairs, the other hand on his busted mouth. So far he's just bleeding into his hand and onto his shirt.

But then he trips on the top stair, because he's still (a) drunk and (b) woozy from the punch. He falls, head-first, down four or five steps. Ends up with his feet uphill and his head downhill. Now the blood is pouring onto the concrete.

...

This all makes perfect sense to me. It marries most of what both sides say happened. It allows for the dude to actually have been semi-conscious or even unconscious for a few seconds after his head hit the concrete step.

As for how he kept his vodka bottle from breaking, lol, no clue.

Go Vols!
 
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#124
#124
camp_steveo said:
Has JM given a statement of his side of the story yet?
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He said the guy entered, was talking jibberish about his phone and saying he was lost. Then he refused to leave, and got beligerent. Left. And then came back inside, where he kicked him out of the apartment and punched him just outside.

Burrell said basically the same thing, but that the punch occurred in the apartment when the person refused to leave.

Other witnesses corroborated the other guys side. So who knows. The truth is probably somewhere in the middle
 
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#125
#125
UT_Tix79 said:
He said the guy entered, was talking jibberish about his phone and saying he was lost. Then he refused to leave, and got beligerent. Left. And then came back inside, where he kicked him out of the apartment and punched him just outside.

Burrell said basically the same thing, but that the punch occurred in the apartment when the person refused to leave.

Other witnesses corroborated the other guys side. So who knows. The truth is probably somewhere in the middle
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I think you've gotten a couple of the details wrong. For instance, I understood Burrell to say McCollough hit the intruder while he (Burrell) was leaning against the corner of the vestibule just outside the apartment. Which would put McCollough and the perp on the concrete breezeway outside the home.

And most importantly, what other witnesses have you heard from? When, and how? Only one person gave a statement to police the day of the incident (the drunk dude). And only three people gave testimony to the preliminary hearing this week (drunk dude, Burrell, and McCullough).

So why do you think there are other witnesses "corroborating the other guy's story"?

Please explain.
 
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