WV courts decision on assult claim, do you agree?

Question

i forget the exact names of ppl involved but heres the deal.

There was a 39 year old woman who entered a small tobacco store and raised h**l on the cashier/owner (aged 18) about some store policy she had a problem with that i dont remember exactly what it was. The store owner (18) told the woman (39) to get off his property, when she refused and kept arguing he took hold of her firmly and dragged her out of the store.

she called the police claiming assault, but the police did not arrest the guy, and when she took it to the state's top court, they agreed with the police and the store owner was ruled to have never commited a crime under state law. this is the conclusion that the police made and the court later upheld:

1. the woman was given a verbal warning by the owner (or renter) to leave his property, when the woman refused to leave AFTER her verbal warning was received, she became a tresspasser.

2. Because the woman was in fact a tresspasser and was refusing to leave peacefully, the store owner used neccesarry but not eccessive force to remove a tresspasser from his property which is legal.

my question is, what do you think of the case?

Answer 1

I think the store clerk showed remarkable restraint. The lady did not comply and he simply escorted her off the premises, as was his right.

  

Answer 2

Given how full if testosterone teens are, she's lucky all he did was drag her out.

No one should have to put up with someone's unwanted presence in their business.

Good question, I give you a star

Answer 3

Sounds reasonable to me.  If I was the Judge I would have ruled the same way.  If I had responded to this call I probably would have asked the store owner/employee if he wanted to press Trespassing Charges on the woman.