Blackjack200
Lifer
- May 28, 2007
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Guess we wait and see how it turns out.
So what would be an example of manslaughter here?
Guess we wait and see how it turns out.
I would think that the ref's family does have a case for wrongful death, for sure. But that is a civil matter. Nothing criminal, as far as the ref's death goes, for the soccer player. Manslaughter is still a criminal charge. I think it goes way too far to charge the kid with anything relating to the death. Assault sure, manslaughter, no way.
Felony assault is hardly a slap on the wrist.
So what would be an example of manslaughter here?
From all the stories I have read regarding this event this was a single punch. If the kid was beating the man senseless and left him unconscious and bloodied I could see manslaughter being argued. This was a simple sucker punch and then the kid walked away.
By all accounts the ref "seemed fine" immediately following the altercation. No mentioned of even a bloodied lip or a black eye. Doesn't even say if the punch knocked him down. Who's to say that the ref wasn't in the best of health and the punch only aggravated some other issue. I mean, how often do you hear of a single punch killing a man?
Had the ref died a month from now after seemingly being fine would everyone still be out for blood?
Police said Portillo seemed fine at first, and then asked to be held because he felt dizzy. He sat down and started vomiting blood, triggering his friend to call an ambulance, according to authorities.
When Portillo arrived to the hospital, he slipped into a coma with swelling in his brain.
Not sure where you read he was just fine immediately following the punch.
http://www.cbsnews.com/8301-504083_...ee-dies-after-punch-from-teenager-police-say/
Police said Portillo seemed fine at first,
Police said Portillo seemed fine at first, and then asked to be held because he felt dizzy. He sat down and started vomiting blood, triggering his friend to call an ambulance, according to authorities.
When Portillo arrived to the hospital, he slipped into a coma with swelling in his brain.
Bleeding / swelling of the brain takes a moment. The story makes it sound like direct cause and effect of blunt force trauma to the brain.
The teen must be charged and locked up for what he did.
What crime do think it falls under and why?
Agreed but from the symptoms in the story one must wonder how a single punch leads to vomiting blood if there isn't any nose bleeds or cuts in the mouth. None of the stories mentioned that the ref was bloodied up in any way, just that he started vomiting blood.
Bleeding / swelling of the brain doesn't lead to vomiting blood. Perhaps all the stories are suffering from shitty reporting. Wouldn't be the first time.
Agreed but from the symptoms in the story one must wonder how a single punch leads to vomiting blood if there isn't any nose bleeds or cuts in the mouth. None of the stories mentioned that the ref was bloodied up in any way, just that he started vomiting blood.
Bleeding / swelling of the brain doesn't lead to vomiting blood. Perhaps all the stories are suffering from shitty reporting. Wouldn't be the first time.
This.involuntary manslaughter
noun accidental homicide, accidental killing, accidental murder, killing with criminal negligence, killing with reckless disregard, killing without caution, killing without circumspection, unintentional homicide, unintentional killing, unpremeditated killing
http://legal-dictionary.thefreedictionary.com/involuntary+manslaughter
Pretty much a textbook definition of involuntary manslaughter. I feel sorry for the kid, kinda, but you gotta deal with your actions, and his actions constituted the act of involuntary manslaughter. I feel even worse for the family of the ref.
This even more. I like that definition - he might not have suspected he could kill the guy, but he definitely meant to damage him.Depending on state law, this act could possibly be prosecuted as second degree murder. Murder requires malice. Malice is an intent to kill or, in many cases, an intent to inflict serious bodily injury. So if you intend to harm someone but not kill them, it could be second degree murder.
Manslaughter is when you intended neither death nor injury but were negligent/reckless.
If I go to Hell for laughing at that I am SO coming after you, pitchfork in hand!He got soccer punched.
Because blood doesn't always come from the nose when you have a fracture of the skull/face. What probably happened was a fracture that caused internal bleeding that went through the back of his sinus cavities and into his throat. He vomited not because of the bleeding but because of brain trauma. It also doesn't say how much blood he through up.