Rude behavior is everywhere these days. I wish things were different, and such changes start with me, but I’ll save you my broadway renditions of ‘the man in the mirror’ and ‘I’d like to teach the world to sing’.
Before we delve into the legal analysis of the day, let me mention one of my many brushes with rudeness. Years ago, I had a police officer yelling at me while his face was only three inches from mine. Kind of a Full Metal Jacket marine drill instructor moment. Yes, he was invading my personal space. But the worst part about it is the fact that–basically–he was spitting in my face. I scrubbed my face for hours (it seemed) then found a black light to make sure there was no DNA in hard to reach places. Anyway, I know you could care less about my problems, so let’s move on to the case of the day, involving the same type of battery for which I was not permitted to file charges.
In Spurgeon v. State, 114 So. 3d 1042 (5th DCA 2013), Spurgeon was convicted of battery on an emergency medical care provider for spitting in the face of a hospital security officer (essentially, an aggravated battery of sorts). Spurgeon had to be restrained by South Seminole Hospital’s security several times due to his aggressive behavior (may have been intoxicated). In some odd way, he agreed to be restrained the first couple of times, and then calmed down. But after calming down, he decided to leave the hospital (who wants to pay those high ER bills, anyway?). This time, the hospital threw four security guards in his way, and Spurgeon spat in one of their faces.