Mickey Joseph Arrested For Assault

Terrible news. I feel for the whole family. Football is way down the list at this point.  I hope they all get the help they need 

 
gobiggergoredder said:
An arrest based upon an accusation is not cause.  An arrest that has info like a blood alcohol level or something like leaked audio or video may be cause.

Comparing your ‘contractural employee’ experience to a six figure public university employee isn’t even apples to oranges.  It’s like apples to potatoes.  I’ve done plenty of work with employees under contract.  They are all different.  In nearly all my experiences with “contract employees” I can walk them at any point.  It’s doesn’t matter because it’s irrelevant to this discussion.

Nebraska is a right to work state.  In general, the employer (non contract) can do whatever they want.  The problem in non contract lawsuits in inconsistencies in how firings/discipline are handled.  I have been in those discussions as the result of a lawsuit multiple times.

Mickey may very well be guilty.  But no one is firing him as a result of the information that we currently have.  Lawyers would beat his door down.
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Amazing. You state this as fact but, correct me if I’m wrong, you haven’t read his actual contract and have not received legal counsel specifically about said contract.

I have no doubts that some lawyers may try to push a wrongful termination case regardless but to act like it’s a slam dunk without knowing what’s in the contract is just crazy.

 
JJ Husker said:
Amazing. You state this as fact but, correct me if I’m wrong, you haven’t read his actual contract and have not received legal counsel specifically about said contract.

I have no doubts that some lawyers may try to push a wrongful termination case regardless but to act like it’s a slam dunk without knowing what’s in the contract is just crazy.
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I haven’t, that is correct.

But if you believe firing someone based upon an accusation is just, which is where this all started, there is nothing for us to discuss/debate.  It’s flat out dangerous.

If he is found guilty of these accusations/potential charges, I’ll be right there saying “hit the road”.  But going to the town square Salem Witch style is something I will never support.

 
Born N Bled Red said:
Thank you for this however I was given contradicting information from a currently employed pd investigator. 

His words, "they changed the strangulation statute a few years ago. You just have to put your hands around someones neck now. And it's a class 4 felony."
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The statutes wording is the statutes wording. I can guarantee the wording isn’t what you stated above. It takes more than putting your hands around their neck.  At the end of the day it is all on what the county attorney/prosecutor in that area has communicated to Chiefs and Captains on what type of training is necessary for their officers and ehar evidence is necessary for them to prosecute the cases. More than likely this high profile of a case, it is common for a Sgt or Captain on scene to make a direct call to the county attorney and tell them the facts and they would be told right then  if they had enough to arrest or not. Current statue would indicate pressure must be applied and simply putting the hands around the neck is not enough like you claim. 
 


Assault by strangulation or suffocation; penalty; affirmative defense.


(1) A person commits the offense of assault by strangulation or suffocation if the person knowingly and intentionally:

(a) Impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person; or

(b) Impedes the normal breathing of another person by covering the mouth and nose of the person.

 
gobiggergoredder said:
I haven’t, that is correct.

But if you believe firing someone based upon an accusation is just, which is where this all started, there is nothing for us to discuss/debate.  It’s flat out dangerous.

If he is found guilty of these accusations/potential charges, I’ll be right there saying “hit the road”.  But going to the town square Salem Witch style is something I will never support.
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Do you think it’s worth having Mickey stick around while waiting for the legal process to play out?  It wasn’t a sure thing that Mickey was going to be retained by Rhule anyway, and this cements his future at NU (which is none). The only thing now in question is whether Mickey will get paid the remaining $1.2M on his contract. 

 
ColoradoHusk said:
Do you think it’s worth having Mickey stick around while waiting for the legal process to play out?  It wasn’t a sure thing that Mickey was going to be retained by Rhule anyway, and this cements his future at NU (which is none). The only thing now in question is whether Mickey will get paid the remaining $1.2M on his contract. 
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Maybe the university knew this was coming. Just because he was arrested today doesn’t mean it happened today. Maybe it’s been in the works for awhile. 
 

time to let the DA do their job. The timing on this is weird 

 
ColoradoHusk said:
Do you think it’s worth having Mickey stick around while waiting for the legal process to play out?  It wasn’t a sure thing that Mickey was going to be retained by Rhule anyway, and this cements his future at NU (which is none). The only thing now in question is whether Mickey will get paid the remaining $1.2M on his contract. 
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No, he’s toast.  I have zero issue with him not being a coach on the team.  That was never guaranteed.  Quite frankly, you can search my comments the last few days. I don’t care if he stays or not.  I have leaned towards “it’s time to go”. 

However, he is entitled to his contact if he is not terminated for cause.  When I say “fired” I mean he’s not getting the balance of his contract.

 
Bad2theBONES said:
As a previous LE officer in NE. The statute of strangulation doesn’t mean the victim has to be choked out cold. Hands around the neck are not enough to be charged. The action has to prevent oxygen flow to the victim. Marks around the neck are one of many things that could be used as probable cause for an arrest, but red marks by themselves are not enough. Officers are also supposed to look for red marks and bruising around the victim’s neck in the shape of fingers/hands. Witnesses can’t just say his hands were around the victim’s neck, but a witness would have to say the victim’s face was turning purple or the witness must be confident the victim couldn’t breath (example: when the suspect let’s go of the victim’s neck, the victim could be heard gasping for air). One of the biggest signs of strangulation and lack of oxygen is looking at a victim’s eyes. Specifically, any petechiae (red dots) in the white of the eyes is evidence of a sever lack of oxygen. Also important to note that the victim does not have a say so in the state of nebraska on whether or not they want to charge their loved one (suspect) with domestic violence. Police don’t ask the victim if they want to press charges and it is not the victim’s decision. Domestic violence is one of the ONLY statues in the state of NE in which even the officer has absolutely no discretion whether or not an arrest is made. The statue says if there is probable cause the officer “shall” make the arrest and if they don’t make the arrest the officer can be charged with a crime.
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Question: Per LPD's Twitter, MJ was arrested for "domestic assault". Does that definitely imply that the victim was a member of his household, or could it have been someone else who was at his home or something?

 
gobiggergoredder said:
I haven’t, that is correct.

But if you believe firing someone based upon an accusation is just, which is where this all started, there is nothing for us to discuss/debate.  It’s flat out dangerous.

If he is found guilty of these accusations/potential charges, I’ll be right there saying “hit the road”.  But going to the town square Salem Witch style is something I will never support.
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I appreciate the sentiment but there are clauses for even the illusion of impropriety. It’s not my intention to imply he is guilty or to help crucify the guy. I’m simply stating that, depending on his contract, that it is possible he could be fired simply for being arrested. I don’t think it’s particularly helpful to tell people where the bear s#!t in the woods when you don’t even know what forest the bear was in.

 
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