Barry Mallatere (president of Appalachian hospitality and owner of the best western)

Great to see some accountability in such a tragic and embarrassing (for High Country tourism) example of GROSS negligence.

*Update: Looks like three counts of involuntary manslaughter and one count of assault.

Pardon my ignorance of the law, but what act constituted" assault?"

JCline0429 wrote:Pardon my ignorance of the law, but what act constituted" assault?"

http://lmgtfy.com/

Gonzo wrote:

JCline0429 wrote:Pardon my ignorance of the law, but what act constituted" assault?"

http://lmgtfy.com/

Your link didn't work. It just went to google. I know what assault means in a physical encounter, as I think I means the threat before the actual battery.

JCline0429 wrote:

Gonzo wrote:

JCline0429 wrote:Pardon my ignorance of the law, but what act constituted" assault?"

http://lmgtfy.com/

Your link didn't work. It just went to google. I know what assault means in a physical encounter, as I think I means the threat before the actual battery.

It was supposed to go to google. I was being snarky.

And you're right about assault in the tort context, but there are distinctions in a criminal indictment like this one. All of this info is on the internet for your researching pleasure, of course.

JCline0429 wrote:

Gonzo wrote:

JCline0429 wrote:Pardon my ignorance of the law, but what act constituted" assault?"

http://lmgtfy.com/

Your link didn't work. It just went to google. I know what assault means in a physical encounter, as I think I means the threat before the actual battery.

His link worked perfectly.. it just went right over your head!

Clearly there was gross negligence, but not sure it all rests with Mr. Mallatere. Seems to me the problem from a legal standpoint is that there were multiple parties that contributed to the negligence at various times. The accumulation of negligence resulted in terrible tragedies, but I think they will have a very difficult time getting a conviction on this one person.

Gonzo wrote:

JCline0429 wrote:

Gonzo wrote:

JCline0429 wrote:Pardon my ignorance of the law, but what act constituted" assault?"

http://lmgtfy.com/

Your link didn't work. It just went to google. I know what assault means in a physical encounter, as I think I means the threat before the actual battery.

It was supposed to go to google. I was being snarky.

And you're right about assault in the tort context, but there are distinctions in a criminal indictment like this one. All of this info is on the internet for your researching pleasure, of course.

I figured you knew since you posted the charges, but I guess I was wrong.

AppStateNews wrote:

JCline0429 wrote:

Gonzo wrote:

JCline0429 wrote:Pardon my ignorance of the law, but what act constituted" assault?"

http://lmgtfy.com/

Your link didn't work. It just went to google. I know what assault means in a physical encounter, as I think I means the threat before the actual battery.

His link worked perfectly.. it just went right over your head!

The link actually should have been

http://lmgtfy.com/?q=assault

Simply stated in general terms, it's Intentionally, knowingly or recklessly causing or trying to cause bodily injury to another. Manslaughter someone died, Assault doesn't have to. I think there was someone that got sick but didn't died.

Thanks for the information without being a smart arse.

Maddog1956 wrote:The link actually should have been

http://lmgtfy.com/?q=assault

Simply stated in general terms, it's Intentionally, knowingly or recklessly causing or trying to cause bodily injury to another. Manslaughter someone died, Assault doesn't have to. I think there was someone that got sick but didn't died.

The mother of the 11 year old was hospitalized but survived. Three deaths and one survivor.

JCline0429 wrote:Thanks for the information without being a smart arse.

See, here's why people constantly tell you to google stuff. In the 15 hours since you asked the question and finally got an answer, you could have gotten it from any number of internet resources on your own. I understand that you want people to hand you the information instead of looking for it yourself, but if you need an "expert opinion", asking the MMB about assault may be a bit of a stretch (my apologies to the Esq's and LEOs on this board).

Also, you've called about 3 people in this thread a smart arse. You get so worked up when someone says something negative to you, then you turn around and do the exact same thing. Again, that's another reason why so many people pile on you on this board (and I'd guess others, as well).

Cline, I wasn't trying to be a dick. If I were, I'd leave out the smilies. Just poking fun because, as Beau just put it, it would take you all of 5 minutes to look that up, just as much time as it would take for me to type out an explanation.

And for the record I do know the definition of "assault." I pay way too much a semester and work way too hard to forget that one.

The assault charge comes from the one lady who was hospitalized from the CO.

From what I've heard, the charges being on the owner are well-deserved. Some of the staff might be punished by certain boards of review (maintenance-related), but in the end the decision to keep the room open was on Mr Mallatere.

The Boone hotel deaths are on 20/20 right now.