A New Jersey man was jailed after he intentionally vomited on an off-duty police captain and his 11-year-old daughter in the stands during a Phillies game, police said.

Details.

Best quote: "It was the most vile, disgusting thing I've ever seen," Vangelo said Friday. "He has two fingers down his throat, he lunges forward and vomits on myself and my 11-year-old."

From his booking photo, it appears he resisted arrest, or maybe he is just winking:



[This message was edited by JB on 04-17-10 at .]

That's definitely chunking.

Chunking, or Harrassment of a public servant under 22.11(a)(2) generally fits. It requires the defendant know the recipient of the vomit is a public servant and that the public servant being engaged in official duties or the action be in retaliation for such duties.

Thus I'm not sure it applies to the off-duty officer but the article mentions another (presumably on-duty, from the context) police officer was also hit with vomit. That might qualify, depending on the details.

There are several misdemeanors that may also fit depending on further details--criminal mischief for the cost of the clothes if permanently/significantly soiled--definitely class C's for criminal mischief substantial inconvenience and assault by offensive touching.

While I'm not sure assault BI gets there (there is illness under definition of BI) this makes a neat little voir dire example to explain BI if you change it slightly so that the defendant has, and the victim contracts, the flu or some other strongly contagious bacterial or viral affliction.

Disorderly conduct for (1) creation by chemical means (stomach acid/digestive juices contain a few chemicals--at least hydrogen and chloride for hydrochloric acid) of noxious and unreasonable odor in public place, or (2) offensive display tending to incite immediate breach of the peace (which sounds like what happened from the short article summary), or (3) abuses a person in public in an obviously offensive gesture,

[This message was edited by Prezas on 04-19-10 at .]

Perhaps the Legislature would consider making vomiting while intoxicated an enhanced version of public intoxication. Of course, that would fill the jails at spring break...

Um...yuck.
chunking like it's never been done before...

That is the most disgusting thing I've heard in a LONG time!

I suppose I could've put that in the "Only a drunk would..." thread as well. I was looking for the chunking threads and this was all I found.