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theserpentsadvocate · 3 months

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So I’ve been doing a lot of research (or, more accurately, I’ve been doing cursory research fairly often) for the seventy-million Veronica Mars fanfics I’m currently writing, and I’ve run into a… difficulty. The fic that actually prompted this post wasn’t even related to the Thumper thing even peripherally, like it doesn’t even happen in it, but what can you do.

Here’s the thing: under California law, assault is the attempt to hurt or cause harm to someone by an individual with the capacity to actually cause that harm (e.g. throwing a rock at someone and missing, trying to punch someone who dodges). Actually harming someone is battery (e.g. you knock someone out and hide their drug money inside their motorcycle).

Now we, the audience, know that whatever someone might feel morally*, Weevil isn’t legally guilty of murder – he committed battery, and that’s probably all Lamb can prove, because he has witnesses to that part. But he has witnesses. He should have Weevil over a barrel on the battery charge at least.

But here’s the sticking point (or one of them): Veronica says, canonically, that Weevil ‘pled down to assault’ (and he seems to agree with her). So… why did he end up doing time for a lesser charge?

Answer One: The writers messed up.

Okay, so this is a very unsatisfying answer, and I’m rolling my eyes at myself about it. But still: it’s very common for the general public to gloss ‘assault and battery’ as one thing, or to use ‘assault’ to refer to battery charges, doubly so since, in a non-legal sense, the word ‘assault’ does include (legal) battery. Probably whoever wrote that line assumed that they knew what ‘assault’ was and just didn’t double-check.

(And they also didn’t bother to brush up on the difference between a felony and a misdemeanour and whether you can be on parole for a misdemeanour (answer: no), but I’ll get to that.)

But that doesn’t help square everything up with canon (unless you’re the kind of person who can say stuff like ‘that line doesn’t make sense so I’m ignoring it’, which I… am not, generally speaking), so more productively –

Answer Two: Veronica messed up

Veronica’s attitude toward Weevil isn’t always great in season three, trending towards dismissive on several occasions, and she is, technically, a member of the general public, so maybe she just said assault and meant battery, and he did go to prison for battery and not assault. This would track with him still being on parole – well, at all, but notably about halfway through season three, when Veronica wants to meet with the PCHers – and mentioning his parole officer multiple times. (Simple assault is a misdemeanour and has a maximum sentence of six months; parole, unless there is a glaring hole in my Googling, is only for felonies. Nothing he does to Thumper, as far as I can tell, would qualify as felony assault – he doesn’t use caustic chemicals or a deadly weapon, and he definitely doesn’t throw anything at a moving vehicle.)

Misdemeanour battery, on the other hand, appears to have a maximum sentence of a year, and a battery charge would leave the possibility of a felony open: aggravated battery, or battery causing serious bodily harm, is a ‘wobbler’, which means it can be filed as a misdemeanour or a felony, depending on the circumstances, and ‘serious bodily harm’ includes loss of consciousness. (This would also mean he very well could be a convicted felon, which of course has implications for the rest of his life beyond just having a record. I don’t actually want this for him, obviously, but if you want the felony for fic reasons, or to explain the repeated parole references, that versatility is there.)

The only problem is, Veronica is not a very likely person to make this particular mistake. Her dad spent most of her life in law enforcement and she’s very well-acquainted with most law enforcement (and much legal) procedure, she regularly interacts with the sheriff’s department, and she commits enough illegal and dubiously legal acts herself that it’s in her best interest to be familiar with these kinds of distinctions. (Although she’s still very much protected by being a middle-class white woman – she can do things like tasing obnoxious frat bros in The Rapes of Graff without worrying overmuch that she’ll be arrested on misdemeanour battery charges, even though it would absolutely qualify.) Also, she clearly made the effort to look into how his case played out, since she’s the one who brings all this up, and she appears to have tracked him down at the car wash deliberately, so it would be kind of bizarre if she then got the offence wrong. This one is convenient, but in the end it’s a hard sell and I don’t think I buy it.

Answer Three: Weevil didn’t plead down from murder to assault, he pled down from battery to assault.

Lamb’s case for murder probably isn’t all that great. It makes for terrific oomph when you are deliberately arresting someone two minutes before he’s supposed to graduate, like an absolute monster, but what does he have, really? Two kids who saw Weevil knock Thumper out with… a cloth? Or something? and take a bag of… something. (And leave.)

So this proves battery, it strongly implies robbery, and given Thumper showing up under the ruins of Shark Stadium it certainly suggests murder, but that’s not going to stand up in court. Assuming the autopsy can conclusively determine which ones are from the stadium collapse and which aren’t (admittedly a big if), Thumper’s likely to have injuries from the beating the Fitzpatricks gave him that Weevil is (per the prosecution’s own witnesses) not responsible for and which were incurred after his attack on Thumper. The kids also saw him leave Thumper’s unconscious body and walk away with the bag of money, so – dead to rights on battery, but iffy on murder. The other PCHers can testify that he had motive to kill Thumper, but they might well not be willing to, for a whole host of reasons. Weevil is absolutely smart enough to establish himself an alibi for the entirety of the time after his attack on Thumper, and that would make Lamb’s case very difficult, as does that fact that Weevil literally didn’t kill Thumper, and so there’s very little forensic evidence to be found that would be damaging to him.

(Honestly, even if the charge was murder, and he pled down to assault or to battery, the fact that they offered him that also suggests the case was flimsy. Rich, white, even-more-innocent-of-the-actual-murder Logan only got offered manslaughter in the plea deal for Felix’s murder.)

So if this is it? That is a ton of reasonable doubt. And that’s before Cliff gets up there and points out that Eduardo Orozco was a known gang member and drug dealer and had all kinds of opportunities to make the kind of enemies who might have chained him up in that stadium (which is not only true but also… basically what did actually happen). In fact, typing this all up, I’m kind of pissed Weevil did any time at all.

Add to that the fact that both eyewitnesses are kids, who are notoriously unreliable on the stand… Yeah, I can easily see the DA deciding a murder charge won’t stick. But they have him on battery! …Wiiiith most of the proof being those notoriously unreliable child witnesses. So maybe they drop the murder charges, get him on battery, and then offer him a deal. On their side, they don’t have to worry about those kids holding up in court; on his side, well, if they threatened to file the aggravated battery charge as a felony, he’s looking at the difference between a year at most in prison and a possible four-year term with all the attendant miseries of being a convicted felon for the rest of his life. And he definitely can’t afford a better lawyer than whoever’s available from the public defender’s office. So it’s reasonable to decide that going to court is too much of a gamble, and just take the deal. This also explains how he’s out so quickly, since it cannot be more than three months since he was arrested when season three starts – but if he pled right away and got a light sentence (since it’s his first adult conviction), that might make sense.

The main problem with this one, even though I really like it, is that, well, there are the repeated references to him being on parole. Weevil himself could just be glossing probation as parole, I suppose – ‘don’t tell my parole officer’ makes a better joke than ‘don’t tell my probation officer’ – but Veronica also says he’s on parole in President Evil, which is an unlikely mistake for her to make if he’s not on parole, for all the reasons outlined in Answer Two, especially in what is literally a presentation for her criminology class. (Of course, in that same presentation she refers to him ‘assaulting’ Thumper, so who knows.) Most damning is the entire B-plot of Wichita Linebacker, which makes it clear he is indeed on parole, since if he doesn’t get another job he’ll go back to prison.

(And I suppose ‘pled down to assault’ is kind of a weird way for Veronica to phrase it in this case – but not utterly bizarre, and she’d be unlikely to spell it all out like that, since she doesn’t know she’s on TV and that line is supposed to be letting the audience know why he’s not in prison.)

Answer Four: Veronica was just guessing

I’ve always read the scene in Wichita Linebacker as her finding him on purpose, especially since she doesn’t actually stick around to get her car washed, which is why I also tend to assume that she’s either recently looked up his case or been following it from the beginning and would know what the charge is. (She doesn’t appear to be surprised to see him, either.) I also just… like to think that she’d care enough to follow up on him.

But it’s also possible that she really is just at the carwash for carwash-related reasons, and she’s just… guessing about the reasons he’s out already. In this case, she might have said assault, and he acknowledges this as correct even though the actual charge was battery, because he figures it’s close enough, and she’s got the general idea, anyway.

This covers more bases than anything else, although it still doesn’t explain why she implies he’s on parole for an assault charge during the criminology presentation, at which point she would definitely have done the background to know it was battery and not assault, but mostly I don’t love it for character reasons.

Anyway. If anyone wants to hit their heads repeatedly into this particular wall with me, I would love to hear your thoughts.

*and I’m inclined, personally, to say that the moral responsibility for Thumper’s death is pretty much on the Fitzpatricks, and it’s not like he didn’t know who he was getting into business with

#veronica mars #eli navarro #weevil navarro #non-tolkien meta #my own work

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laufire · 11 months

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often part of my hate for a character is fueled by the reaction they awaken in the audience, and/or the perception that the writers REALLY want me to love them and think they're the best, most heroic guys ever.

other times the way a character is written is clearly meant to embody literally everything I hate, with purpose, and boy. I won't think about them while I'm not watching/reading the source material, or remember them when I make my "top most hated" lists... but once they enter my view again or get name-dropped, the homicidal rage is back on in full force!

this post has been brought to you by a conversation about veronica mars with a friend that reminded me of just how much I wanted sheriff (don) lamb to die (and he did! because sometimes, tv-land is generous like that). but I also appreciated that he was written specifically in this way, with no pulled punches. because if they'd softened him even a little? it wouldn't be the wonderfully cynic little show that it excels at being.

like, in particular, I'm remembering the moment weevil BEGGED him to let him walk up the stage at his graduation, so that his ailing grandmother could finally see him do it, before he arrested him. it would have taken less than half a minute. and lamb refused because he's a vindictive, callous little man. and because veronica mars is not about giving its audience warm fuzzy feelings by trying to convince us that people are good and understanding and really really caring, deep down! they're selfish and mean and petty; real goodness and kindness is rarer than gold and will take you (and veronica herself) aback every time you encounter it. but most of the time? it wants you to see just how shitty and unfair the world is and react to it, with nothing cushy to soften the fall. and it's a better story for it, imo.

#just thinking about the show #not perfect by any means and it definitely lost in quality after each season* and wrote some really ??? shit (season 3...)#but i loved THIS about it so much lol #(((*just so we're all clear: i love season 4/the revival. this is a no revival slander space xDD)))#talking to the void #my thoughts #vmars thoughts #veronica mars #eli navarro #weevil navarro #don lamb

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