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Old 05-06-2013, 11:01 AM   #41
vinnybones
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family members told the kid to punch him in the head, collect the fathers life insurance policy, give the kid 5 grand after prison. Profit
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Old 05-06-2013, 11:34 AM   #42
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family members told the kid to punch him in the head, collect the fathers life insurance policy, give the kid 5 grand after prison. Profit
pretty sure that didn't happen lol
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Old 05-06-2013, 11:47 AM   #43
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Teen assaults and kills innocent, non-threatening ref > teen goes to jail for a few years for either voluntary manslaughter. Seems quite simple and clear-cut to me.
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Old 05-06-2013, 11:49 AM   #44
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Really? How will they prove intent?
You don't have to show intent to kill. Just intent to throw the punch. If the reasonable result of that act is harm (up to and including death), then that's sufficient intent.
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Old 05-06-2013, 11:50 AM   #45
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Hey, that pic was SFW...
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Old 05-06-2013, 11:51 AM   #46
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pretty sure that didn't happen lol
I've been watching a lot of CSI lol
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Old 05-06-2013, 12:16 PM   #47
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I've been watching a lot of CSI lol
It shows, at least it wasn't CSI miami otherwise there'd be a dramatic removal of sunglasses at somepoint.
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Old 05-06-2013, 04:05 PM   #48
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You don't have to show intent to kill. Just intent to throw the punch. If the reasonable result of that act is harm (up to and including death), then that's sufficient intent.
Wouldn't that be the difference between a murder charge and a manslaughter charge? The intent/motive?
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Old 05-06-2013, 04:09 PM   #49
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Wouldn't that be the difference between a murder charge and a manslaughter charge? The intent/motive?
Yes.

For murder, you have to show:

1) Intent to kill
2) Intent to inflict serious bodily harm
3) Depraved heart: reckless disregard for the consequences of action

If you can't show this, it's generally manslaughter.
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Old 05-06-2013, 07:42 PM   #50
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The incident seems to have been sparked by a call made by the referee during a corner kick, according to a police report obtained by The Salt Lake City Tribune. Portillo judged that the player, a goalie, had shoved an opposing player; he called a foul on him.

"The suspect was close to Portillo and punched him once in the face as a result of the call.
Quote:
This wasn't the first time Portillo had been injured while officiating a game, his daughter said.

"Five years ago, a player upset with a call broke his ribs," the AP reported Friday. "A few years before that, a player broke his leg, she said. Other referees have been hurt, too."
http://www.npr.org/blogs/thetwo-way/...elled-by-punch

Wtf kind of league is this.
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Old 05-06-2013, 08:11 PM   #51
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For those of you saying that its manslaughter, just look up felony murder rule.
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Old 05-06-2013, 08:12 PM   #52
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A league of hoodrats.
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Old 05-07-2013, 12:59 AM   #53
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For those of you saying that its manslaughter, just look up felony murder rule.
Part of the Utah murder statute (or at least one of them): http://le.utah.gov/code/TITLE76/htm/76_05_020300.htm
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(2) Criminal homicide constitutes murder if:

(a) the actor intentionally or knowingly causes the death of another;

(b) intending to cause serious bodily injury to another, the actor commits an act clearly dangerous to human life that causes the death of another;

(c) acting under circumstances evidencing a depraved indifference to human life, the actor knowingly engages in conduct which creates a grave risk of death to another and thereby causes the death of another;
Doesn't seem like too much of a stretch to prove the soccer player intended to cause serious bodily injury. Have no idea if this one statute constitutes the whole story, but I could totally see the DA charging the guy with murder based on the way this is written.
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Old 05-07-2013, 01:15 AM   #54
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assuming there were no death threats and the suspect didn't intend to cause death, the way the statute is worded, one could argue that a punch to the face isn't "an act that is clearly dangerous to human life" nor reflecting a "depraved indifference to human life, creating a grave risk of death". I don't think there will be a murder charge here.
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Old 05-07-2013, 01:42 AM   #55
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Part of the Utah murder statute (or at least one of them): http://le.utah.gov/code/TITLE76/htm/76_05_020300.htm


Doesn't seem like too much of a stretch to prove the soccer player intended to cause serious bodily injury. Have no idea if this one statute constitutes the whole story, but I could totally see the DA charging the guy with murder based on the way this is written.
http://legal-dictionary.thefreedicti...ny-Murder+Rule

Quote:
A Rule of Law that holds that if a killing occurs during the commission or attempted commission of a felony (a major crime), the person or persons responsible for the felony can be charged with murder.
Utah practices this doctrine

Quote:
Generally an intent to kill is not necessary for felony-murder. The rule becomes operative when there is a killing during or a death soon after the felony, and there is some causal connection between the felony and the killing.

Whether he intended to kill him or not does not matter if the assault is determined to be a felony. If it's a felony, he can be charged with murder.

Some states have a merger rule that says that criminal assault cannot be applied to the felony murder rule, but I can't find any information to see if Utah has a merger (though I do know they have a felony murder rule like most states)
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Old 05-07-2013, 11:01 AM   #56
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assuming there were no death threats and the suspect didn't intend to cause death, the way the statute is worded, one could argue that a punch to the face isn't "an act that is clearly dangerous to human life" nor reflecting a "depraved indifference to human life, creating a grave risk of death". I don't think there will be a murder charge here.
Probably depends on precedents? IANAL, but if the DA has had success before convincing juries that punching someone in the head with a closed fist is "clearly dangerous to human life", I could see them going for a murder charge. Esp if the player is maybe a way bigger guy than the ref?

Maybe the DA will charge him with the whole book because he knows its going to end in a plea bargain anyway?
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Old 05-07-2013, 12:28 PM   #57
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Teen punches ref in a soccer game; ref dies

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Probably depends on precedents? IANAL, but if the DA has had success before convincing juries that punching someone in the head with a closed fist is "clearly dangerous to human life", I could see them going for a murder charge. Esp if the player is maybe a way bigger guy than the ref?

Maybe the DA will charge him with the whole book because he knows its going to end in a plea bargain anyway?
Good points. Damn, I wish I stuck to law for grad school.


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Old 05-07-2013, 01:02 PM   #58
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If I was that kid I'm not sure if I'd be more worried about jail time or the civil suit waiting for me.
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Old 05-07-2013, 01:53 PM   #59
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If I was that kid I'm not sure if I'd be more worried about jail time or the civil suit waiting for me.
Chances are that he doesn't have much of anything to go after in a civil suit.
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Old 05-07-2013, 01:54 PM   #60
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Chances are that he doesn't have much of anything to go after in a civil suit.
They will probably go after the parents since they're his legal guardians.
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