In torts, there is a doctrine called the “egg shell thin skull rule” where a defendant can be sued for the full damages of a tort even though the victim was especially susceptible to injury. It is the concept that “you take your victim as you find him.” Blaine Manalle, 20, is now personally familiar with the criminal counterpart to that rule. She is facing a second-degree murder charge after allegedly hitting Jeffery Howell in the head. Howell just had brain surgery and the blow fell on the still healing surgery incision behind his ear.
She was arrested with Cameron Alphonso, 21, (left) and Alden Kindergran, 22, (right). Howell, 46, went over to the group when they were drinking heavily on a sandbar along the West Pearl River in Louisiana. They were reportedly acting like pigs and throwing their empty bottles in the river. When Howell objected to the bottles being thrown in the river, they allegedly attacked him around 5:30 p.m. In a brawl between two groups. Howell was hit in the head along the scar which was still held together by staples. Alphonso was initially charged with manslaughter, but then upgraded to second-degree murder. Kindergran was charged with disturbing the peace and released.
Why are they all not being charged with the same crime? And on the second-hand, I think the victim is just as culpable as the alleged killers. You have someone who still has the staples in stupid enough to try to get 3 drunks to stop throwing beer bottles in the river by himself. I think you have an “assumption of risk” problem here.
And there is the problem of the Howell group started it. Why are they not being charged with disturbing the peace? And maybe assault or attempted assault?
This is how misdemeanants become arch-felons.
There is a class of individuals who rarely commit serious felony crimes, and restrain themselves only enough to be petty or occasional criminals. Their most common transgressions are either traffic related or resulting from drama created from alcohol or domestic issues. Yet, they put themselves into situations where they could be held criminally liable when their actions cause results they would otherwise avoid.