Darth Vader is scary for a reason: He hurts people. A lot of people. Probably to increase his Force abilities so he can hurt more people.
In Obi-Wan Kenobi episode 3, Darth Vader’s malice for all was on display as he tore through the town on Mapuzo. Vader held a father in the air while Force choking him. When the victim’s son tried to intercede, the boy was Force pushed against the side of the home, and then his neck snapped with the Force. Shortly thereafter, a woman was drug through the dirt street face down by use of the Force.
Here are a few of the crimes Darth Vader committed:
Battery
Darth Vader brutalized the citizens of Mapuzo with the Force. The obvious charge against Vader is Battery, which is “… any willful and unlawful use of force or violence upon the person of another.” Cal. Pen. Code § 242. Choking people, slamming others against walls, or dragging individuals through the street is a willful and unlawful use of violence against a person. The elements of “battery” are clearly met.
Torture
Did Darth Vader commit Torture of both Victim 1 (the Father) and Victim 3 (Woman drugged through the street)? If California law is applied, Torture is defined as:
Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture.
The crime of torture does not require any proof that the victim suffered pain.
Cal Pen Code § 206.
Darth Vader asked no questions of either of his victims. He inflicted pain and moved on.
Vader’s actions appear to have the “intent to cause cruel and extreme pain.” Case law defines this phrase means to cause extreme or severe pain. People v. Aguilar, 58 Cal.App.4th 1196, 1202 (Cal. Ct. App. 1997). Choking the father in the air checks that box; dragging a woman face down through a dirt road is not anyone’s idea of a spa day. The element of extreme pain is met with every bruise, abrasion, and broken bone.
Inflicting pain for the purpose of revenge, extortion, or any sadistic purpose is not clear from the facts. Vader’s acts could have been for the purpose of revenge for Kenobi being given safe harbor in the town, but that is not clear from the facts. There is no evidence of extortion, because there is nothing asked from any of Vader’s victims.
“Sadistic purpose” means the “the infliction of pain on another person for the purpose of experiencing pleasure.” Aguilar, at * 1203-04. It is known that Dark Side users can feed off the feelings of anger or pain. Consider Anakin Skywalker confronting Chancellor Palpatine, where the future Emperor stated, “I can feel your anger. It makes you stronger, gives you focus.” Palpatine’s expression is one of ecstasy…very creepy ecstasy.
Was Vader’s harming others to power up with a contact high of fear before confronting Kenobi? If the answer is “yes,” then the elements of torture have been met.
Murder
Darth Vader snapped the neck of a child coming to his father’s aid while Vader battered the father. This was clearly murder. California law defines Murder as “…the unlawful killing of a human being, or a fetus, with malice aforethought.” Cal. Pen. Code § 187(a). Malice aforethought is “express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature.” Cal. Pen. Code § 188(a)(1).
The killing of the son was unlawful. Even humoring the idea that Darth Vader represented law enforcement, the son did nothing to threaten Vader. Moreover, there is no argument that Force choking someone “just cause” is a lawful act for a state actor that would give a colorable argument that the son was interfering with a police action. There was no reasonable suspicion or probable cause to give any indication of wrongful conduct by the father. He was simply a victim in Vader’s way. The child died because he had the audacity to try to help his father.
The element of malice aforethought is met because using the Force to kill someone is a manifested deliberate act to take a life. Vader did exactly that.
