Yes, that’s what I’m saying. The assault and battery seemed to be all the woman here. That’s presumably why she was arrested first. The female cop who talks to the guy patiently explains she has the discretion to arrest him for trespass.
I did not see any evidence the guy participated in the assault, so it just seems strange for him to be arrested for assault when they had a perfectly good trespass charge just sitting there.
On rewatching the video, I retract my confusion. On first watching I was under the impression the women fought, and the guy just grabbed the bat and left the store. On review, he does appear to step right into the scuffle, and the camera is pointed away from any people for a period of time, before he extricated himself and left the store. More than enough probable cause, I would think, for an assault arrest.
Not to mention whatever the storekeeper might have told the police to justify arresting him as well.
An assault charge can be valid if the store owner had a reasonable fear that they would suffer violence. No actual contact needs to be made.
And given the way these two were acting (especially with one of the pair going for the bat), even without a literal thrown punch, there’s a good chance the charge would stick for both of them.
The part where they go to the officers and start inappropriately quoting Federal code, after trespassing & threatening a shop employee, pretty much sums up everything about so many of these people.
What was that bat made of that stealing it was a felony? AIUI the difference between misdemeanors and felonies usually comes down to the value of the item?
I would read that to mean after the situation was resolved, the complaint was forwarded to OSHA for adjudication, where they review if the business owner was compliant with all applicable laws, federal, state and local. That’s probably easier than for the county to deal with.
Most likely the confusion is the responsibility of the writer of the story linked to. It’s just a transcript of some package the TV station aired. It’s full of TV news-speak. By it’s very nature, TV newswriting, even when done at the top level, does not often work well as a newspaper/internet article. It’s not very good journalism to try to pass one off as the other.
I think there was a time somewhere from (maybe??) 2000-2008 or so, when many TV news operations rewrote their on-air scripts to adapt them to be published on the station’s website. Maybe some still do that but I don’t see it. What decent, responsible TV news outlets do now is, they put the transcript of their TV news story up on their website, but they present it for what it is: a transcript of a TV story, not a newspaper article. It’s just one more way so much internet media is inaccurate and full of accidental deception.
Consider this portion of the “article”:
He also said most complaints go to OSHA, but if the situation escalates to violence, they would treat it like any other call for service from a business owner if they have somebody trespassing at that point.
Now one has to sort of puzzle their way through these apparent intern efforts. With some luck, a not completely braindead writer, along with some knowledge of broadcast news writing “styles” you can extract some possible pieces of actual info.
So I’ll take a stab: I think he might have meant that most of these complaints/cases ultimately get filed with OSHA as any workplace safety issue does but if there is violence involved then the cops handle that aspect in the immediate. He sorta implies that cops take care of any folks who refuse to leave a business, whether there is violence or not (trespassing).
ETA: in fairness to the TV writer, it’s possible that the sound and the video accompanying the story on TV put the words of the script in proper context. But that’s all the more reason you need to rewrite it for the website.