Eh, he flipped a bat at him, so what the hell....He didn't flip his bat. Goodness, are y'all watching the same video as I am?? Anyways, yes, if someone really wanted to go after him they could charge him with aggravated assault...which in the Model Penal Code reads: And yes, a bat is considered a deadly weapon. A gun is a deadly weapon as well, but it's deadliness is significantly lessened if you throw it at someone rather than shooting someone with it. True, however, there are 2 things I see as flaws in your argument. 1) You can't shoot someone with a bat. 2) You say he was wearing a chest protector, and that should lessen Delmon's punishment. If you shoot someone, accidently or otherwise, and they just so happen to be wearing a bulletproof vest, should your punishment be lessened? See the other posts I made about the gun/bat comparison, I don't think you understand what I was going for. I never said wearing a chest protector should lessen Delmon's punishment.