A 61-year-old Michigan man was charged with a felony hate crime and assault for allegedly attacking a mail carrier for delivering a "Harris for President" mailer.

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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  • thegr8goldfish@startrek.website
    411·
    2 months ago

    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?

    • Nine@lemmy.world
      2·
      2 months ago

      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.

    • InverseParallax@lemmy.worldEnglish
      9·
      2 months ago

      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.

      • thegr8goldfish@startrek.website
        4·
        2 months ago

        There is is. If this article hadn’t omitted the whole ‘lunging at her with a knife’ bit, the assault charges would be obvious. Props to CBS for being able to provide what used to be the bare minimum. Thank you PrincessLeiasCat@sh.itjust.works