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Giovanni Ramirez, a documented gang member, was arrested Sunday and charged with assault with a deadly weapon for his involvement in the Bryan Stow beating that occurred during the season opener between the Giants and Dodgers.
Tipped off by Ramirez's parole officer, police are still looking for two more suspects--a man involved in the attack and a woman who allegedly drove the getaway vehicle.
Depending on the facts, the other aggressor, once apprehended, may not necessarily be facing the same charges.
According to sources close to the investigation, after a routine check-in with Giovanni Ramirez, his parole officer began to suspect that he was somehow involved in the Bryan Stow beating. The officer alerted the LAPD, who arrested him in East Hollywood.
Though Ramirez and his partner in crime were not carrying any weapons, the Los Angeles Times reports that he has been booked on charges of assault with a deadly weapon.
The explanation given is that, because Bryan Stow was unconscious and on the ground when Ramirez kicked him, prosecutors are considering his foot to be a deadly weapon.
Whether or not this is true remains to be seen, but the fact is that "deadly weapon," as a statutory definition, often extends beyond what one would expect.
Generally speaking, a deadly weapon is defined as anything that is designed to, or when in use, cause death or serious physical injury. Using an ordinary item, such as a car, stiletto shoe, lamp, or foot, to inflict harm can turn it into a deadly weapon.
The point is, if Giovanni Ramirez was the only one using his foot during the Bryan Stow beating, then his accomplice, once caught, may only be liable for assault--without the deadly weapon.