We have seen a trend in criminal charges where police are defining virtually any object as a weapon to elevate the potential penalties in a given case. The charges in Des Moines against Marvin Tramaine Hill II, 21, appear to be such a case. He is charged with attacking his pregnant wife with a weapon. The weapon? A McChicken sandwich from McDonald’s.
Hill threw the sandwich at his wife “because he doesn’t like them.” He seems to have greater culinary tastes than personal control. However, he is saying that it was his wife who assaulted him. Nevertheless, with a pregnant wife, any physical injury is likely to be charged against Hill. Nevertheless, Hill produced a videotape where he followed his wife to the bathroom as she was cleaning. She then knocked the phone from his hands.
Police reported that the wife had a swollen nose and that they viewed the videotape as a set up to try to get her to appear aggressive.
We have previously seen an orange defined as a weapon as well as steak weapon.
Hill is charged with domestic assault.
Source: Des Moines Register
Darren,
Here’s your Iowa code for Domestic Assault:
http://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=83&input=708#708.2A
“708.2A DOMESTIC ABUSE ASSAULT — MANDATORY MINIMUMS,
PENALTIES ENHANCED — EXTENSION OF NO-CONTACT ORDER.
1. For the purposes of this chapter, “domestic abuse assault”
means an assault, as defined in section 708.1, which is domestic
abuse as defined in section 236.2, subsection 2, paragraph “a”,
“b”, “c”, or “d”.
2. On a first offense of domestic abuse assault, the person
commits:
a. A simple misdemeanor for a domestic abuse assault, except
as otherwise provided.
b. A serious misdemeanor, if the domestic abuse assault
causes bodily injury or mental illness.
c. An aggravated misdemeanor, if the domestic abuse assault
is committed with the intent to inflict a serious injury upon
another, or if the person uses or displays a dangerous weapon in
connection with the assault. This paragraph does not apply if
section 708.6 or 708.8 applies.”
It is not considered a felony until the third or subsequent offense.
“4. On a third or subsequent offense of domestic abuse assault, a
person commits a class “D” felony.” (same link as above)
Prairie Rose,
Thanks for the link to the statute. I’m just getting back to things here.
If this man was charged with a felony it would seem he was charged according to prior convictions. If the sandwich was considered a dangerous weapon it would be a preposterous charge in my view..
Darren – it appears that we did not get all the facts. If he used the bun to attack the woman’s face and rubbed her nose with it, then I can see the domestic assault charges.
Don’t point any food item at the police:
http://theshortnews.com/colorado-man-jailed-pointed-a-banana-police/
Monty Python, self-defense if assaulted with a banana:
Oh well, time for another Irish Poem!
Get Thee Hens, Satan???
An Irish Poem by Squeeky Fromm
There once was a fellow named Hill,
Whose weapon did not fit the bill.
It wasn’t a bullet,
Just only a pullet,
On bread! I bet he cuts a dill!
Squeeky Fromm
Girl Reporter
The McChicken,
Clearly a weapon of mass destruction
And in a blink of an eye, one more child grows up without a father in the house. How’s that for social justice?
DBQ,
I stand corrected.
Noooo. Not McBurglar
That would be the Hamburgler. 🙂
http://4.bp.blogspot.com/-3hT4BP-3Z24/T37CsHRVxjI/AAAAAAAAAKA/gMPgti85L6A/s1600/hamburgler.jpg
Mike,
Ronald is too busy trying to catch McBurglar to worry about this case!
Paul C.:
No, but the guy better hope that Ronald McDonald doesn’t work in the charging division of the DA’s office.
Mike A – wouldn’t that be a conflict of interest?
New twist on the old “indict a ham sandwich” joke.
McDonald’s chicken sandwiches are actually quite good. Much better than their hamburgers. I don’t like hamburgers anyway.
Still, I can’t see how a chicken sandwich could possibly be construed as a weapon. Even a stale sandwich can’t hurt you.
This is a silly story.
Can’t wait to find out what he gets for a McSentence.
Mike – do you think Ronald McDonald would preside over the trial?
Which is the greater crime: 1) throwing a chicken sandwich at someone or 2) eating food from McDonalds?
Which would be a more onerous punishment if convicted: 1) probation plus anger management classes or 2) having to eat food from McDonalds?
I have eaten such a sandwich and I would be hard-pressed to see this as a weapon unless he forced her to eat it. Did they include the fries? I am sure they have been weaponized.
I would have to review this state’s statutes relating to domestic violence assault in order to comment whether if any type of assault involving domestic violence constitutes a felony. (I am rather time pressed currently)
If the victim shows signs of injury I think a basic type of assault charge could be warranted. I disagree if the sandwich was considered a weapon for the purpose of elevating the charges. I don’t see that this sandwich aggravated the injury.
She’s pregnant and her nose was swollen! He must have thrown it pretty hard. I have no sympathy for men who abuse women. He needs domestic violence classes.
Where’s officer O’Mally when you need him.
Amen Alice, Spot On.
Anything will be used to elevate charges to a felony. Bond, if granted, will be too high to afford. Job will be lost. Victim of this heinous crime will beg for her husband to be released. The whole stupid system will screw up this couple’s already messed up lives even further. Yes. Our criminal “justice” system exhibited in all its glory.
If we outlaw sandwiches, only outlaws will have sandwiches.