Whatever the defense might say or not say, there would still be no legal duty on their part to physically take possession of LS herself, which idk, I seriously question how many people would actually do that in their shoes anyway if they did not know LS and/or did not know what her relationship with CR was like. CR told later witnesses that he was taking care of the situation so it wouldn't be surprising if he said something similar to ZO. Again, it would be nice to know if ZO or his friends actually knew LS and, if so, whether they knew she actually lived at Smallwood. If they didn't, I'm not sure how they would know that CR was NOT taking her home like they asked.
Yes, according to the reports, CR told both people who tried to intervene that he was in control of the situation.
At Smallwood:
The two walked to Smallwood. They were in her fifth-floor hallway when they were confronted by four male students who got off the elevator and saw that Spierer appeared unsteady.“Are you OK?” one of the guys recalled asking her.
“She’s OK, I got it,” Rossman is said to have replied.
“Hey dude, you’d better take her to her room,” the guy shot back.
Rossman started cursing, and Zach Oakes, the burliest of the bunch, punched him in the chin, knocking him to the tile floor.
Then to the witness on the street:
http://www.lohud.com/article/201206...-night-heavy-drinking-drug-use?nclick_check=1On the next block, she sat down on a staircase and fell backward, slamming her head on the concrete step. The thud was loud enough for a young woman to hear it and ask whether she was all right.
According to the woman, Rossman replied, “She’s OK, I’ll take care of it.”
I think this part may factor into the 'duty of care' legal arguments. From what I understand, a duty of care can be created if one 1) puts someone else in a risky or harmful situation (for ex, gets them severely intoxicated) and/or 2) takes responsibility for their care
So for example, if you see an injured person in the street, you normally have no responsibility to stop and help them, even if you could save their life. But if you begin to help them, or for example, take them home with you, you can't just walk away or leave them out of reach of getting help.