Welcome to the Off Season: Ryan Anderson Arrested for Domestic Violence

RTR91

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Exactly. Why didn't they just charge them both with property damage?
Seems because they had a prior relationship. 13A-6-132:

(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; or the crime of harassment pursuant to subsection (a) of Section 13A-11-8; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 48 hours in a city or county jail or detention facility without consideration of reduction in time for any second or subsequent conviction under this subsection.
(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
 
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JDCrimson

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Normally on DV calls both people end up taking a trip downtown because it's almost always a he said she said.
 

cbi1972

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Seems because they had a prior relationship. 13A-6-132:
But this qualifier seems to apply to assault, menacing, reckless endangerment, criminal coercion, and harassment.
Not property damage, unless that somehow is shoehorned into one of these.
 

bamabelle1991

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Seems because they had a prior relationship. 13A-6-132:
Exactly. This is a way to make something worse than it should be--when it is a single, isolated incident. When you read the Code of Alabama, you will see that the crime of DV3 goes from a misdemeanor to a felony with each repeated report. All of the "included" offenses--criminal mischief, assault, harassment, menacing--are subject to 1st, 2nd, 3rd degree. So the DV charge is dependant on what the offense is--Assault 1st=DV1, assault 2nd=DV2, assault 3rd=DV3 if it is a spouse, someone you date or a family member.

A single incident of some sort of very heated altercation (in the heat of passion), whether blows are exchanged or not is NOTHING compared to someone who physically or emotionally abuses a spouse or person they have a dating relationship for an extended period of time. Therefore, IMO,the two things should not be treated the same. I think this waters down the charge when you are looking at someone who fits the description for battered spouse. A person, usually a woman, who has been subjected to abuse on a daily basis for months or years should be something that is punishable by years of jail time, IMO. A man who beats his wife or subjects her to emotional distress on a daily basis is one of the lowest forms of scum on the planet. These are the women who are too afraid to EVER call the police to press charges. She is also the one who sometimes ended up dead.

In Ryan Anderson's situation, it seems like he and the ex beat the crap out of each others vehicles--which IMO, should be property crimes. The added component of DV is waters down what TRUE DV is. This is in my humble opinion. :)

ETA: To answer another question posted previously, I think the criminal mischief or menacing covers the property damage. Police officers LOVE to throw the DV charge around, even when it does not "realistically" apply. I just don't believe getting in an argument and kicking a car = domestic violence.
 
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russtang

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Exactly. This is a way to make something worse than it should be--when it is a single, isolated incident. When you read the Code of Alabama, you will see that the crime of DV3 goes from a misdemeanor to a felony with each repeated report. All of the "included" offenses--criminal mischief, assault, harassment, menacing--are subject to 1st, 2nd, 3rd degree. So the DV charge is dependant on what the offense is--Assault 1st=DV1, assault 2nd=DV2, assault 3rd=DV3 if it is a spouse, someone you date or a family member.

A single incident of some sort of very heated altercation (in the heat of passion), whether blows are exchanged or not is NOTHING compared to someone who physically or emotionally abuses a spouse or person they have a dating relationship for an extended period of time. Therefore, IMO,the two things should not be treated the same. I think this waters down the charge when you are looking at someone who fits the description for battered spouse. A person, usually a woman, who has been subjected to abuse on a daily basis for months or years should be something that is punishable by years of jail time, IMO. A man who beats his wife or subjects her to emotional distress on a daily basis is one of the lowest forms of scum on the planet. These are the women who are too afraid to EVER call the police to press charges. She is also the one who sometimes ended up dead.

In Ryan Anderson's situation, it seems like he and the ex beat the crap out of each others vehicles--which IMO, should be property crimes. The added component of DV is waters down what TRUE DV is. This is in my humble opinion. :)

ETA: To answer another question posted previously, I think the criminal mischief or menacing covers the property damage. Police officers LOVE to throw the DV charge around, even when it does not "realistically" apply. I just don't believe getting in an argument and kicking a car = domestic violence.
...but it makes headlines if you're an athlete.
 

TDBama78

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Because these things get blown out of proportion and embellished is all the more reason not to get your butt arrested in the first place, learn to behave!
 

CrimSonami

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As a parent previously on the recieving end of domestic violence from a teen I agree 100% on the arrest no matter how insignificant it may seem. The officers did exactly what they should have IMO. Take control of the situation and teach the both of them a lesson in self control and civility. RA should have walked away and pressed charges as opposed to retaliation if in fact he was the primary victim. A man has to be a man in this case. Hopefully this event along with CNS discipline will be a valuable life lesson.
 

RedStar

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As a parent previously on the recieving end of domestic violence from a teen I agree 100% on the arrest no matter how insignificant it may seem. The officers did exactly what they should have IMO. Take control of the situation and teach the both of them a lesson in self control and civility. RA should have walked away and pressed charges as opposed to retaliation if in fact he was the primary victim. A man has to be a man in this case. Hopefully this event along with CNS discipline will be a valuable life lesson.
I agree to an extent, he should have walked away. Obviously.

But this shouldn't be a DV related issue. The tag DV will now follow him wherever he goes because he kicked a car. That's an unfair tag for him to carry.
 

CrimSonami

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As a parent previously on the recieving end of domestic violence from a teen I agree 100% on the arrest no matter how insignificant it may seem. The officers did exactly what they should have IMO. Take control of the situation and teach the both of them a lesson in self control and civility. RA should have walked away and pressed charges as opposed to retaliation if in fact he was the primary victim. A man has to be a man in this case. Hopefully this event along with CNS discipline will be a valuable life lesson.
I agree to an extent, he should have walked away. Obviously.

But this shouldn't be a DV related issue. The tag DV will now follow him wherever he goes because he kicked a car. That's an unfair tag for him to carry.

Your point acknowledged and agreed, as you say, to an extent. However in hind sight relative to my particular case I should have been more proactive as opposed to allowing the situation to simmer until the top blew off. I definitely wasn't there in RA's case but I can imagine with emotions running high and tempers flairing there was more than likely a certain degree of lets say "unbecoming behavior" at a minimum which may have escalated the situation and prompted TPD officers to react accordingly. Then again with all the recent DV cases going so high profile the University administration may have advised TPD to not hold back. Obviously I have no way of knowing this for sure but I could see it happening.
 

RTR91

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Your point acknowledged and agreed, as you say, to an extent. However in hind sight relative to my particular case I should have been more proactive as opposed to allowing the situation to simmer until the top blew off. I definitely wasn't there in RA's case but I can imagine with emotions running high and tempers flairing there was more than likely a certain degree of lets say "unbecoming behavior" at a minimum which may have escalated the situation and prompted TPD officers to react accordingly. Then again with all the recent DV cases going so high profile the University administration may have advised TPD to not hold back. Obviously I have no way of knowing this for sure but I could see it happening.
First, I surely hope the administration at UA wasn't told about the arrest when it first happened. They shouldn't be telling TPD how severe to charge a player or student.

Second, the only reason the charge is domestic violence is because of the prior relationship with the female. He kicked a car. That's not domestic violence. He kicked the car owned by his ex-girlfriend. Therefore, he's guilty of domestic violence? Give me a break. They're both guilty of property damage but not domestic violence.
 

CrimSonami

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First, I surely hope the administration at UA wasn't told about the arrest when it first happened. They shouldn't be telling TPD how severe to charge a player or student.

Second, the only reason the charge is domestic violence is because of the prior relationship with the female. He kicked a car. That's not domestic violence. He kicked the car owned by his ex-girlfriend. Therefore, he's guilty of domestic violence? Give me a break. They're both guilty of property damage but not domestic violence.
My last post/comment on this thread.

I'm not suggesting TPD advised UA administration upon contact prior to an arrest. I'm simply suggesting that with all the recent DV cases in the national forefront along with the media movement to bring it to everyones attention that conversatioin between the two could have previously occured which may have encouraged TPD to "nip it in the bud" so to speak.
 

Chukker Veteran

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I bet both of them feel pretty stupid about it now. The money they will spend in court and fixing the cars could have paid for a nice time for both of them.
 

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