Mickey Joseph Arrested For Assault

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.

 
Enhance said:
That's what I'm saying - this could very well be cause.  :dunno  Not sure why that possibility rankles you so deeply.

At one of my previous places of work, we fired two contractual employees for arrests we deemed violated their contract language, and it was something that had been done before and has probably happened since. There was never any fear from our legal team of losing some kind of wrongful termination suit.

But, you're good. Obviously you know better. 

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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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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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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."

 
krc1995 said:
But I bet it’s not an isolated incident. I wonder what else has been washed away through his many, many career stops?  We will probably be hearing about them soon. 
 

Don’t you watch movies? Covering things up in the name sports and winning  is the most human thing ever 
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It’s not anything I want to speculate on. That kind of speculation, without facts, is damaging and not helpful.

 
Pretty much the last thing I expected to find out about tonight.  Pretty disappointed in him to be honest but am gonna wait to hear more details and then see how ultimately this whole thing plays out.  I'm assuming this was against his wife so it will be interesting to see if she sticks with wanting charges pressed or not.

Just insanely crazy.  Wow. 

 
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BIGREDIOWAN said:
Well if these allegations are true I feel for his family during this time. I do not condone what he is accused of though and if true the book needs thrown at him. I've been to many domestics involving strangulations and the victims are truly at deaths door step at that moment. The suspect in those cases though don't go 0 to 60 and all of the sudden decide to strangle one day. There's usually a violent road to get to that point in my experience. Truly a sad situation....
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I appreciate this.  If anyone has seen it all before, been there and done that, it's you.  

I also echo what @JJ Husker said, (paraphrasing) that we all feel for the entire Joseph family, and it has to be shocking news to the Husker players (and Husker Nation).  Just so sad and disappointing.  In time we will move on from this kind of quickly, but it will take waayyy more time for the Joseph family.  Picking up pieces and such (family, future, healing, forgiveness, careers, etc).  

 
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ColoradoHusk said:
There is no sense any comments around when it’s ok for a man to “assault” a woman.  That just should stop. Mickey has been placed on administrative leave, and it would make zero sense for Trev and Rhule to wait for the legal system to go through its process to retain Mickey as part of the new staff.  Cut ties with Mickey, and hope that he can save whatever relationship he has with his wife and kids. If Mickey does end up being guilty of the crime, NU would be able to recoup the final 2 years on his contract, as he would he terminated for cause. 
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And if it turns out he was not guilty in the least, what?  Dang Mickey, sorry?

 
Such a sad day, for Mickey and his family.  But also for the players that have grown close to him.  This really affects a lot of people in the program.  

Just a sad, sad day....

 
Why now? I would have thought he would been on top of the world after beating Iowa. Was he not being retained?

I'm personally devastated. I felt like he was a person of great character who was going to help rebuild this culture, and, well, now this. And his family. I'm sure there's a million theories out there already and it'll be hard to sort fact from fiction. God, what an awful mess.

My heart goes out to the family and especially the children.

 
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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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You just anwered the one question I had.  I wasn't sure how Nebraska's laws were in that regard as far as being able to ask for charges not to be pressed.  Thanks!

 
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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 

 
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