The victim was unprepared for the confrontation, and survived due to the ineptitude of his assailants. He was in condtion white, and probably should've died.

Foolish. Hard to argue the points of law when you are dead. You might have been right with the law, but what good would it do you? Not political, but practical.
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The ultimate result of shielding men from the effects of folly is to fill the world with fools.
-- Herbert Spencer, English Philosopher (1820-1903)