Chapter 16 - THE ASSAULT CASE
Diana was charged under the state’s applicable misdemeanor assault and reckless-endangerment provisions.
The prosecutor considered the facts carefully.
She intentionally shoved a heavy tray into me.
I was visibly seven months pregnant.
I lost balance and went down on one knee.
No direct strike to my abdomen.
No lasting injury to the pregnancy.
No weapon in the traditional sense, though the tray’s weight contributed to the fall.
The state did not charge attempted murder.
No fetal-homicide fantasy.
No kidnapping.
Facts.
Diana’s first position:
“I handed her a tray.”
Video said otherwise.
The motion was forward and forceful.
My arms were not prepared to receive it.
Plates flew.
Diana’s attorney shifted.
“She intended to insist Elise participate in hosting, not cause a fall.”
Possible.
Intent to humiliate or force service.
Not necessarily intent to injure.
Still battery.
The prosecutor offered a plea with probation, counseling, restitution, and a factual admission that she intentionally forced the tray into my arms during an argument, causing me to fall.
Diana objected to:
“during an argument concerning Nathan’s infidelity.”
She wanted that omitted.
Purpose again.
She could admit a tray.
Not the family system beneath it.
No deal initially.
Lucio’s slap was also reviewed.
Video showed Nathan reaching for me.
Lucio blocking.
Nathan then physically attempting to push past him.
Lucio used one open-handed strike.
Nathan sustained bruising and a cut lip from the chair impact.
The prosecutor declined to charge Lucio after finding the force occurred during an immediate attempt to prevent Nathan from pushing through toward me, though the office noted the situation was close and the threat-like confrontation afterward was not commendable.
Lucio voluntarily completed several anger-management sessions anyway.
He told no one.
I found out from his assistant.
May you like
I never teased him.
Much.
