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Why isn't Myles Garrett being criminally charged? (1 Viewer)

TheIronSheik

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I mean, that's pretty much assault with a deadly weapon.  

We've seen NHL players face charges for on-ice incidents before.  I feel like hitting someone with a football helmet in the head is a pretty serious offense.  

 
I think it's a "Where do you draw the line?" question.  Sure we all agree that ripping off a players helmet and swinging it at them is assault with a weapon, but what about when a 230 lb gunner is full-speed earholing a 180 lb punt returner who's standing still?   Is stomping on a hand/ankle/knee/groin in a scrum assault?  Is a helmet considered a weapon when the assaulter is wearing it, or only if he's holding/swinging/throwing it? Couldn't the body be the weapon? 

 
I mean, that's pretty much assault with a deadly weapon.  

We've seen NHL players face charges for on-ice incidents before.  I feel like hitting someone with a football helmet in the head is a pretty serious offense.  
It's criminal that you think that was criminal.  

Technically it was self defense as Garrett was backing away while Rudolph was coming after him. 

 
I think it's a "Where do you draw the line?" question.  Sure we all agree that ripping off a players helmet and swinging it at them is assault with a weapon, but what about when a 230 lb gunner is full-speed earholing a 180 lb punt returner who's standing still?   Is stomping on a hand/ankle/knee/groin in a scrum assault?  Is a helmet considered a weapon when the assaulter is wearing it, or only if he's holding/swinging/throwing it? Couldn't the body be the weapon? 
Maybe we could just draw the line at ripping off somebodys safety gear and trying to beat them with it after the whistle blew? Seems like that would be easy. 

Had whistle blown?

Was it intentional?

Was it an action that could resemble actual game play? 

Could it cause great bodily harm? 

Not too complicated really.

 
I mean, that's pretty much assault with a deadly weapon.  

We've seen NHL players face charges for on-ice incidents before.  I feel like hitting someone with a football helmet in the head is a pretty serious offense.  
While it technically meets all the elements of criminal assault, and I don't think a consent defense would work (as opposed to a hard hit in the course of play), the chances of criminal prosecution are extremely low.  The main reason is just historical precedent - it never happens.  The only example I'm aware of was the Pistons-Pacers brawl at the Palace, which resulted in criminal assault charges against several players.  That incident is slightly different because it also involved a fan, an usher and some other non-players.

Edit: I meant to mention, the hockey incidents of criminal charges are, I believe, all in Canada.  They seem to me more willing to cross that line, I would say probably for the better.

 
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I dunno. These threads so have a bit of a Tim/Wheelhouse/Yandek vibe about them. :pokey:
I only know two of those posters.  And I'm not sure what the vibe is.

I mean, I've posted about this, Kap, Stomp, air travel and a lot of other random stuff.  It's honestly just what's on my mind that day. :shrug:

 
While it technically meets all the elements of criminal assault, and I don't think a consent defense would work (as opposed to a hard hit in the course of play), the chances of criminal prosecution are extremely low.  The main reason is just historical precedent - it never happens.  The only example I'm aware of was the Pistons-Pacers brawl at the Palace, which resulted in criminal assault charges against several players.  That incident is slightly different because it also involved a fan, an usher and some other non-players.
"Bertuzzi was charged with criminal assault causing bodily harm. He pleaded guilty and was sentenced to one year probation and 80 hours of community service."

"McSorley was found guilty of assault with a weapon and was sentenced to 18 months probation."

"Ciccarelli was charged and convicted of assault. He was fined $1,000 and sentenced to one day in jail."

 
I mean, that's pretty much assault with a deadly weapon.  

We've seen NHL players face charges for on-ice incidents before.  I feel like hitting someone with a football helmet in the head is a pretty serious offense.  
Because charging a guy with misdemeanor assault leads to a potential jail term of a maximum of 60 days and a maximum $500 fine.  And it's not a slam dunk that the State wins that case, because they were in the middle of a violent game.

If Rudolph had been serious injured, he probably would face charges.

 
"Bertuzzi was charged with criminal assault causing bodily harm. He pleaded guilty and was sentenced to one year probation and 80 hours of community service."

"McSorley was found guilty of assault with a weapon and was sentenced to 18 months probation."

"Ciccarelli was charged and convicted of assault. He was fined $1,000 and sentenced to one day in jail."
I noted the hockey exception in my edit - are any of those in the US?

For what its worth, I'm mostly just regugitating Michael McCann on this.  He's my go-to for most sports law issues:  https://twitter.com/McCannSportsLaw

His article in SI today:  https://www.si.com/nfl/2019/11/15/myles-garrett-mason-rudolph-browns-steelers-fight-legal-fallout

McCann references the Haynesworth incident, which was much worse than the helmet swing imo.  Hayensworth's stomp was not only criminal assault, but it caused serious injury.

 
Maybe we could just draw the line at ripping off somebodys safety gear and trying to beat them with it after the whistle blew? Seems like that would be easy. 

Had whistle blown?

Was it intentional?

Was it an action that could resemble actual game play? 

Could it cause great bodily harm? 

Not too complicated really.
I'm not trying to play devil's advocate.  I 100% agree what he did is assault and would have no issues if he would have been arrested for it.  Just trying to rationalize why the league doesn't interfere with regards to assault.  

Wonder what would happen if Rudolph decided to press charges on Garrett?  Or if the Steelers could press charges for him?  

 
I'm not trying to play devil's advocate.  I 100% agree what he did is assault and would have no issues if he would have been arrested for it.  Just trying to rationalize why the league doesn't interfere with regards to assault.  

Wonder what would happen if Rudolph decided to press charges on Garrett?  Or if the Steelers could press charges for him?  
I think it would be terrible for rudolph to go to cops. Nobody would respect him anymore. 

 
Because charging a guy with misdemeanor assault leads to a potential jail term of a maximum of 60 days and a maximum $500 fine.  And it's not a slam dunk that the State wins that case, because they were in the middle of a violent game.

If Rudolph had been serious injured, he probably would face charges.
But we've learned that any kind of hit to the head can lead to serious injuries that last a lifetime.  I mean, they've outlawed headers in kids soccer.  A helmet to the head can't be good for the brain.  

 
I think it would be terrible for rudolph to go to cops. Nobody would respect him anymore. 
It doesn't matter whether he "goes to the cops" or "presses charges."  Its all on video.  The police have nothing to do with it anymore.  It is entirely up to the local prosecutor whether or not to charge the player with assault.  He almost certainly won't, for the simple reason that doing so is extremely rare.  In this case, it seems ever more unlikely since no one was hurt.

 
But we've learned that any kind of hit to the head can lead to serious injuries that last a lifetime.  I mean, they've outlawed headers in kids soccer.  A helmet to the head can't be good for the brain.  
Then I guess they'd also have to charge Pouncey for once Garrett was on the ground laying there and Pouncey repeatedly kicked him in the head.

 
While it technically meets all the elements of criminal assault, and I don't think a consent defense would work (as opposed to a hard hit in the course of play), the chances of criminal prosecution are extremely low.  The main reason is just historical precedent - it never happens.  The only example I'm aware of was the Pistons-Pacers brawl at the Palace, which resulted in criminal assault charges against several players.  That incident is slightly different because it also involved a fan, an usher and some other non-players.
"Bertuzzi was charged with criminal assault causing bodily harm. He pleaded guilty and was sentenced to one year probation and 80 hours of community service."

"McSorley was found guilty of assault with a weapon and was sentenced to 18 months probation."

"Ciccarelli was charged and convicted of assault. He was fined $1,000 and sentenced to one day in jail."
The small difference in all these is the victims were bystanders when attacked.

McSorley swung his stick as Brashear was just skating

Same with Ciccarellu

Bertuzzi literally came from behind and attacked an unknown Moore.

The vicitms were not in a melee...

eta: and as Cletus points out I think these were all Canadian courts. I think.

The civil case for Moore I think was in Colorado since he could never play hockey again

 
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Then I guess they'd also have to charge Pouncey for once Garrett was on the ground laying there and Pouncey repeatedly kicked him in the head.
I guess.  I'm all for charging people when they do stuff like this.  I'm not talking about fighting.  I mean, hitting someone with a helmet when they aren't wearing one could have really injured that guy.  Just like I believe Bertuzzi, McSorely and Ciccerelli all deserved to be charged.  Just because people are playing a game doesn't mean they can do horrible things and be protected by that game.  

 
I guess.  I'm all for charging people when they do stuff like this.  I'm not talking about fighting.  I mean, hitting someone with a helmet when they aren't wearing one could have really injured that guy.  Just like I believe Bertuzzi, McSorely and Ciccerelli all deserved to be charged.  Just because people are playing a game doesn't mean they can do horrible things and be protected by that game.  
I'd feel more like it should happen if Rudolph hadn't been chasing him down, shouting, and grabbing at him while he was being held by a Steelers lineman and the refs were separating them and trying to stop the whole thing.  That's when Garrett swung.

 
I'd feel more like it should happen if Rudolph hadn't been chasing him down, shouting, and grabbing at him while he was being held by a Steelers lineman and the refs were separating them and trying to stop the whole thing.  That's when Garrett swung.
And don't forget Rudolph tried to rip off Garret's helmet first. 

 
The small difference in all these is the victims were bystanders when attacked.

McSorley swung his stick as Brashear was just skating

Same with Ciccarellu

Bertuzzi literally came from behind and attacked an unknown Moore.

The vicitms were not in a melee...
I could see that argument.  But I don't think just because two guys are fighting, that you can excuse an assault like that.  But I get what you're saying.

 
I could see that argument.  But I don't think just because two guys are fighting, that you can excuse an assault like that.  But I get what you're saying.
If you chase after a guy threatening him while your buddy is holding him and he hits you in the head with a brick, I don't feel too strongly that he needs to be charged with a crime.

Edit: anybody, not just you.

 
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But we've learned that any kind of hit to the head can lead to serious injuries that last a lifetime.  I mean, they've outlawed headers in kids soccer.  A helmet to the head can't be good for the brain.  
Not to mention he pulled the helmet off his head. It didn't look easy to do. The hit seems pretty intentional to me. Randolph may be ok now but we'll see later on. Issues with the brain from blows to it can show up later on.

 
I could see that argument.  But I don't think just because two guys are fighting, that you can excuse an assault like that.  But I get what you're saying.
i also amendment my statement - I think all those cases were in Canada also - not US courts.

I think Moore civil trial was in the US.  SInce his injuries were career ending.

I could be messing up facts

 
What if this were two dudes in a sporting goods store on Black Friday, in a heated argument and pushing and shoving over who gets the last pair of Air Jordans, and one grabs a regulation football helmet off the shelf and smashes the other guy's head? You'd see a charge there 100% of the time, so it makes sense this would/could. 

 
If you chase after a guy threatening him while your buddy is holding him and he hits you in the head with a brick, I don't feel too strongly that he needs to be charged with a crime.

Edit: anybody, not just you.
Well, now I think you're just "lawyering it up" here.  That's a completely different scenario.  In real life, yes, I would agree.  In football, guys go after each other all of the time, jaw at each other, push each other, punch each other's helmets (for some stupid reason)... and that's all fine.  You do that in real life, different story.

There's no way Garrett was worried for his life so he decided to act in self defense.  That's ridiculous.

 

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