Not viable witnesses. None of them are paying attention to what he/she is doing. That being said, if you don't film it (like Celtic stated, this idiot did) then nobody, including her, would know. In deep sleep she would not be aware that somebody had pushed her elbow back, she would assume she had done it herself. Also, would anybody actually file for assault for something like this?
he can claim he tried to wake her up in class by touching her elbow, it just slipped at that moment. it's not assault as she hit her head on the desk, he did not use the desk to hit her.
One of my teachers said last year he had a kid fall asleep on him, so when the bell rang the kid was still asleep, so the teacher told everyone to get up really quietly and let him sleep through the next class to see when he'd wake up. When he did wake up, it was halfway through the next class and e was really freaked out.
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