I believe, even though I am not a lawyer (thank god!!), charges related to the SAME CONDUCT as were dismissed should be considered double jeopardy unless NEW evidence is discovered. You don't have to be charged with a lesser crime and acquitted for those charges to be deemed double jeopardy. We do not allow multiple bites at the apple via lesser and lesser charges until something sticks.
In the recent trial, he was acquitted of 2nd degree murder, and the jury deadlocked on the lesser count of manslaughter. The appeals court ruled that retrying on the manslaughter charge is prohibited under double jeopardy, since the facts of the case do not change between one charge and the other.
If they wanted assault to be a charge the jury could consider, they had their chance -- twice. The 9th Circus, though, says they can retry on assault, so I'm sure they'll do it.
The existing evidence already shows the assault and battery was on the part of the person initiating physical contact (Elderts), and Deedy was defending himself the way he was trained.
As for public intoxication, there is no evidence that he was LEGALLY intoxicated, since no BAC test was performed.
We have morons running the state, but I'm preaching to the choir.
After 8 years already, I'm wondering if the assault charge isn't moot under the statute of limitations. Class A felonies can't be charged after 6 years.
My guess is the state is trying to wear him down so he accepts a plea deal to ANYTHING (public disturbance?) just so they can record a "win".
Enough.
