The Simple Assault Of Mike Wallace Is An Aggravated Assault On Common Sense

Mike Wallace after being attacked by three thugs.
Mike Wallace after being attacked by three thugs.

By now, you probably heard Mike Wallace, the former NASCAR driver and brother of former NASCAR champion Rusty Wallace, was assaulted outside a Rascal Flatts concert, along with his daughter, Lindsey, who was also assaulted trying to protect her unconscious father.

Aside from the obvious disgust in hearing that three men in their 20s attacked a man in his 60s, and continued to pummel him while he was knocked out, and while his daughter lay on top of him trying to protect him, how in heaven's name does the Charlotte-Mecklenberg P.D. stand there with a straight face and charge these low-lifes with "Simple" assault?

As the victim, himself, tweeted, "They were out of jail before we were out of the hospital."

Several eyewitnesses reportedly claimed the assault took place by three men, all of whom continued to beat Mr. Wallace while he lay on the ground, unconscious, kicking him repeatedly in the face. Beyond that, they showed no deference when his daughter tried to stop the attack by throwing herself on top of him. They just beat the both of them.

I'm no lawyer, but simple assault sounds reserved (or, at least it should be) for a one on one bar fight in which two parties of similar ages are involved. Once you move to a 3 on 1 situation, and add that the victim is being attacked while unconscious, and add the method of attack (kicks to the face which could easily cause brain damage or even death), then add the age variance (mid 20s to mid 60s), then the fact that a female was also attacked, how in the world in this not, at least, Aggravated Assault? What if this guy was 80? Would it still be simple assault?

The definition of aggravated assault is -

"An attempt to cause serious bodily injury to another or to cause serious bodily injury purposely, knowingly or recklessly, with an extreme indifference to the value of human life."

I don't know about you, but three guys kicking a sixty year-old guy in the face, while he's out cold, then subsequently beating his daughter while she tries to stop you, certainly sounds like like text book knowingly and/or recklessly attempting to cause serious bodily injury.

Shame on the CMPD for letting these three creeps out with what appears to be a "simple" slap on the wrist.

Scum like this deserves to be flushed down the justice system septic tank and squirted out on the other end in Angola for a year or two. Then, we'll see how eager they'll be to jump anyone again. If they make it out, that is. Lotta NASCAR fans in southern prisons.

If justice is blind, it sure seems, at least in this case, that the Mecklenberg County justice system is Helen Keller.