Cal8285;842618493 said:
I haven't seen the video, but I know a prosecutor (who doesn't work in Contra Costa County) who has. Says if it happened any place other than in a competitive athletic event, it would be a no-brainer. A guy intentionally kicks or knees someone in the face, breaks his nose, a pretty slam dunk case. The email said "the opposing player's nose was inadvertently broken." The guy who saw the video said, "The accused may not have intended to break his nose, but if you intentionally hit a guy hard in the face, it doesn't really matter if you intended to break his nose. It is assault and battery. The email is misleading, it doesn't acknowledge the intent of the act and the vicious nature of the act."
There is a cultural notion that, even if it is away from the play and a violent act not allowed by the rules of the sport, anything happening on the athletic field should be taken care of by the sport, not law enforcement. Juan Marichal clubs John Roseboro over the head with a baseball bat? Hey, it was in a baseball game, so let his ejection and MLB's suspension take care of it, no need for criminal prosecution, even though clearly, it was a criminal act.
Playing football, hockey, baseball, water polo, shouldn't be a license to commit assault that isn't part of the game with zero law enforcement consequences. It shouldn't subject one to being a victim of assault and battery. It isn't necessarily an easy line to draw. A typical late hit to the QB isn't assault. A hit to the QB five seconds after the pass is gone, when the play is over and the QB made no effort to be involved in the play after he threw the pass? Assault and battery. Intentionally throwing an an opposing batter's head? Hard question. Juan Marichal taking a bat to Roseboro's head? Assault and battery.
Whether a case is worthy of prosecution given the consequences given by the sport's governing body is another matter, especially given the cultural notions that could contribute to an acquittal. At some point, however, we can't just let the sport governing body handle criminal behavior, but where that point is really hard to say. There are, however, cases that clearly cross the line.
The review of the video was enough to cause the player to be suspended for a game, suspended from school for a day, and suspended from the team for 18 days. Those consequences don't get handed out for an inadvertent act in transition to defense like the email suggests. I don't know what happened, I don't know if the line was crossed that should lead to criminal prosecution, but even in sports, there has to be a line.
I too haven't seen the video, but I have played and watched my share of water polo. On virtually every turnover, there is pushing off, kicking, puling, yanking, and yes, sometimes hitting. I've seen noses broken and heads split open on clean plays (i.e., a backhand shot attempt). Watch any Cal game and look at the two meters - you'll see this and more.
I think a kick intended for the the chest could easily hit someone in face - unintentionally. In this case, I have no idea what happened - but the fact that a kid was kicked in the face does not necessarily show intent. It strikes me that the prosecutors will have a hard time proving intent (or reckless disregard) which is an element of the crime.