A Michigan man was charged Friday with allegedly assaulting a mail carrier over a “Kamala Harris for President” mailer that the mail carrier delivered to his mailbox.
Russell Frank Valleau, 61, of Farmington Hills, Michigan, was charged by Oakland County, Michigan Prosecutor Karen D. McDonald with assaulting a mail carrier.
“The defendant was allegedly upset that he had received mail regarding presidential candidate Kamala Harris and allegedly said that he did not want that ‘black b****’ in his mailbox,” according to press release from the Oakland County, Michigan prosecutor’s office said. “He then called the mail carrier a ‘black b****’ and threatened the carrier. The mail carrier used pepper spray to stop the defendant.”
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Am I missing the description of the assault? The story doesn’t mention him laying hands on her or spitting or anything. Honestly from the account presented it sounds like he was assaulted. He does sound like a racist asshole, but is that assault?
Depends on the state. Most states from my understanding work like this:
Threatening to throw a rock and/or actually throwing it is assault. When / If the rock hits them then that’s battery.
So in this case the threat of violence is the assault. Had he actually made contact then it would have been battery too.
He’s accused of yelling derogatory, racist and sexual remarks about Harris and the carrier, calling the postal carrier a “Black b****” and lunging at her with a knife.
https://www.cbsnews.com/detroit/news/postal-carrier-assault-kamala-harris-flyer/
Technically assault does not require contact:
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both.
Some jurisdictions have the misdemeanor charge of ‘menacing’ for when contact isn’t made.
Not putting out a Harris/Walz yard sign was a good move I feel.
I don’t understand why anyone puts up a sign for the major presidential candidates. What is the point? People already know who they are. All you’re doing is advertising your position.
I live in a very diverse, quiet, and friendly neighborhood, but I’m still nervous about putting out a Harris/Walz sign.
charged with allegedly assaulting
Is this correct use of “allegedly”? The man allegedly assaulted someone, so he was charged with assault. Or they can just say “charged for allegedly assaulting”.
It’s a means for the news source to cover its ass. They can’t outright say it as a fact otherwise they run the risk of getting sued if the courts find the man innocent.
They can’t say that the man assaulted someone as a fact. But that the man was charged with assault is a fact. Alleged attack is not a charge, so “charged with allegedly attacking” is nonsensical. To cover their ass they can say “charged for allegedly attacking”, which shows that he was charged, why he was charged, and also adds the required “allegedly”.
Nice pepper spray to his eyes.
I hope no one helped him until the police arrived.
