Let’s take a look at the unprosecuted charge filed against TDPK relating to false information in his Petition for Peace Order filed on 9 January, 2012. Here’s a copy of the petition:
I’ve underlined a couple of items in red. First, note that TDPK alleges that Aaron Walker committed assault and battery. Second, note that he alleges that Mr. Walker struck him “in the face, chest, & shoulder.”
It appears that TDPK was unaware at the time that he filed the petition that there was surveillance video of the altercation. You can view that video here with a non-blow-by-non-blow analysis of the action. The petition claims that Mr. Walker hit TDPK at least three times, and the video convincingly shows that multiple blows were never struck. Indeed, the video shows TDPK setting his attache case down and holding his iPad up to (illegally) take Mr. Walker’s picture. It shows Mr. Walker taking the iPad. At no point does it show Mr. Walker touching TDPK. At no point does it show Mr. Walker winding up or following through on a punch. At no point does it show TDPK recovering from a blow.
So did an assault occur? As a Judge later noted, taking the iPad could have been an assault if there were no mitigation. If someone makes a move that looks like he’s threatening to swat you with an object like a iPad, would you feel justified in disarming him by taking the iPad from him? No. There was no assault.
Even if there had been an assault, there was no battery. Aaron Walker never touched TDPK.
No assault. No battery. No blow to the face. No blow to the chest. No blow to the shoulder. No truth to the petition. And no prosecution either.
We’ll examine another non-prosecution tomorrow. Stay tuned.