Wake Forest coach charged in deadly Queens attack on tourist

[dasher]

Where was that? Most female teachers get lighter sentences than make teachers.

I don't remember. They almost always get a lighter sentence. I just googled and there was a woman from P. Not the one I was talking about, she got 20 to 40 years

 

[CuseFaninVT]

Of course he didn't. If he did, the punishment would be 25 years to life or worse. He punched another person. He did intend to do that. And he killed that person. That is on him. Terrible injustice to the dead guy. There has to be some jail time. let's say someone doesn't like you. they see you. They walk up and punch you in the head. You hit your head on something and hit the ground. It wasn't the guys intention to kill you. but you are dead because he hit you. You don't think he deserves jail time? He is an adult and should have known better.

He was, according to testimony, protecting his fiancé. Or so he thought. The drunk shattered his back window.

Driving away after he knocked the guy out is the only action I question.

 

[Roger N]

I understand that. At no time was the intent to kill him though.

You don’t understand intent. He intended to hit him

 

[CuseFaninVT]

You don’t understand intent. He intended to hit him

Apparently the judicial system agreed with me.

 

[Capt. Tuttle]

Where was that? Most female teachers get lighter sentences than make teachers.

Most female teachers don't get punished, in my limited review of the cases. Another double standard where there should be none

 

[Capt. Tuttle]

Seems like the victim was very drunk and had already punched another person, so that needs to be factored in to the assailant's state of mind.
I'm okay with probation and I would have been okay with minimal jail.

 

[Brooky03]

If punching somebody in the face isn’t attempted murder, then you can’t charge manslaughter or murder for somebody dying because they were punched in the face.

3rd degree assault was the proper charge and I assume this sentence is within the range of sentences for that charge. Hard to take issue with it.

 

[sufandu]

Seems about right to me. I'm not a lawyer, but common sense tells me a fair amount of blame for the whole situation has to be placed on the victim. He demonstrated a penchant for violence by punching someone previously, damaged someone else's property, and impaired his own balance by getting himself drunk. If it was determined the punch didn't instantly kill him but the contact with the ground after the punch did, he has to have some fault for that. Did the coach make the best decision? No. But the dead guy made a bunch of bad decisions that led him to his demise.

 

[alphaorange]

Seems about right to me. I'm not a lawyer, but common sense tells me a fair amount of blame for the whole situation has to be placed on the victim. He demonstrated a penchant for violence by punching someone previously, damaged someone else's property, and impaired his own balance by getting himself drunk. If it was determined the punch didn't instantly kill him but the contact with the ground after the punch did, he has to have some fault for that. Did the coach make the best decision? No. But the dead guy made a bunch of bad decisions that led him to his demise.

I agree. Would everyone feel the same if he had only pushed the guy and he fell and was killed? Under the circumstances, I feel like getting punched was a reasonable response to an unreasonable provocation. Unfortunate and obviously unintended result.

 

[Capt. Tuttle]

NY Penal Law:

Assault 3rd Degree:
A person is guilty of assault in the third degree when:

1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or

2. He recklessly causes physical injury to another person; or

3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Physical Injury definition -
means impairment of physical condition or substantial pain.

******************************************************************************************************************
Manslaughter 1st Degree

Manslaughter in the First Degree is charged whenever the circumstances and evidence warrant that one person has intended to cause serious physical injury to another person, and that injury then resulted in death.

Murder 2nd Degree

with intent to cause the death of another person, he or she causes the death of such person

Serious physical Injury definition-
"Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

Also, sentencing in reliant only in part upon the conviction, but within parameters, upon the life and experiences of the defendant.