Still waiting for you link with the evidence he was "quite a bit heavier" than Portillo and how heavy Portillo was so your comment would be such a specious one. No you have for months simply stated that a 17 year old kid could not kill a adult with their bear hands and that any man who would let a 17 year old do that was a wimp. And Martin was an athlete you know and practiced fighting.
A life for a life. They should hang the murderer. Actually, Utah has the firing squad. I'm OK with that.
On it's face no. Not a simple blow to the head which a 158 lb'er in good shape could deliver. So how many pound exactly do you have to weigh before you can jurt someone?
Good grief, I don't know what's worse, people who are posting their opinions without reading the article, or people are basing their opinion without any knowledge on the law, or both? The kid had no intent on murdering the referee, he had no prior motive, and acted on emotion to harm, not kill. What originally would have been assault caused someone to die. The most you would be able to pin the kid for is Constructive Manslaughter, and since he ran from the authorities, you could have leverage to try him as an adult.
Which he should be....... What gets me are these idiots who call this a 'freak accident'....which shows they don't know what the word 'accident' even means..... A hot-tempered person who deliberately punches someone in the face or head or anywhere on the body does it w/malicious intent to cause injury..... and that's no 'freak accident'..... Dam! Guess you just can't fix 'stupid'.......
Well in the purest definition of the word, it is very much a freak accident. The ref never intended to be in a fight for his life, and nor was the kid aware that hitting the ref in the head would kill him. Causing injury, and intent to kill are two completely different things legally. The kid never intended to kill, therefor it was an accident the referee died. FTFY
Was the kids intent to kill, or assault? Second Degree murder would be infer the kid was either attempting to rape the referee or threaten his life. It would also imply he came into soccer game with the intent of fighting a referee.
Intent to kill isn't a requisite here, only the intent to harm where death is a possibility. When ever you hit some one in the head death is ALWAYS a possibility.
Intent means everything when it comes to the difference between murder and manslaughter. Which is why we charge people with Assault and battery instead of attempted homicide? The fact the kid acted out of emotion and without a motive other than acting on emotion. it is manslaughter. If he had decided with a level head that he wanted to attack a referee, than it would be second degree murder.
It fits the definition of second degree murder and that's how he needs to be tried. While it's a shame Mommy and Daddy didn't teach him to control his temper, then society must do it for them. I could care less as to his motive. He killed someone and took a family member from folks that will have to live with that forever. Johana Portillo, 26, said last week that she wasn't at the April 27 game in the Salt Lake City suburb of Taylorsville, but she said she's been told by witnesses and detectives that the player hit her father in the side of the head. The referee was a father and a breadwinner for his family. If you suggest he should be charged with a lesser crime, I would only agree if the kid had to work to support the ref's family. Without that lock 'em in a cage where the animal belongs.
You're wrong on this, and you have been proven you do not understand the difference between second degree, and manslaughter. To repeat myself, for it to be Second Degree murder, it needs to be as a result from a premeditated crime. This is not the case. The motives and the reasoning behind it do matter. I do not condone his actions any less than you do, but we need to be sensible people and try him for his actual crime. Oh how second hand witnesses are so reliable? Ever played the game telephone when you were little? I don't care if the kid killed a convicted pedophile or a rapist, we have laws for a reason, and they should be followed accordingly. You're not thinking logically. Your cynical view of the world shines through with this statement. The kid never planned on being a murderer, he was a hot head, and he definitely deserves jail-time, but lets be realistic, rational adults.
You're right. Should we outlaw soccer or just ban immigrants from Latin America who came here to do jobs that lazy Obama voters on welfare refuse to do?
Okay, the right wingers here all seem to be in agreement that if George Zimmerman is found guilty of murder because he could not prove that Martin sucker punched him, he should get the death penalty, right?
The teenager, quite a bit heavier than Portillo, began arguing with the referee, then unleashed a punch to his face. Portillo seemed fine at first, then asked to be held because he felt dizzy. He sat down and started vomiting blood, triggering his friend to call an ambulance. http://www.cbsnews.com/8301-201_162-57582927/utah-soccer-referee-punched-by-teen-dies-police-say/ I know CBS is just making that part up right. LOL, give us two more examples of where a 17yr old teenager killed a grown man with one punch to the face. I have made the claim about a grown man getting his ass whooped by a teenager who is smaller than he is. So if you are going to quote me do it right. I will say again if you are a 205lb man and you can't handle the average 158lb 17yr old teenager then you are correct you are a freakin wimp.
It would be more tragic if he actually died because he broke a rib, now that would be rare wouldn't it? If people think you can just hit the head and not expect a possible death, then they are just a moron, bottom line. Oh ooops!!
People are punched in the head everyday and don't die. Go punch someone in the face right now and see if you are tagged with attempted murder charges. Use common sense.
2nd degree murder..... hitting a ref in my state, elevates the charge, not sure about Utah..... but at this point... that is a moot point since you can't have extra murder. He may not have intended to kill the ref.... but he did, as a result of committing another crime. He gets everything he deserves.
He struck him with malicious intent, when you strike someone in the head you do it for the purpose of harming that person. And striking someone in the head can cause serious injury or death, both are reasonable expectations of the action. And yes he had prior motive, he was already mad at the ref for the first yellow flag and the second gave him motive. And yes he was acting with malice. So those who say only aggravated assault are wrong there is a case for a murder charge and at the least a manslaughter charge which he should face IMHO. That the assault resulted in a death advanced it to his being charged as an adult.
He is a 17 year old and 17 year olds know that stiking a blow to someone's head has the possibility of death. He acted with malice with intent to injure. No it was the result of a malicious act which bears the possibility of death. If I shot my gun at a target and I did not take the care of accounting for a ricochet and the bullet strikes you and kills you that is an accident yet I could face manslaughter charges for being negligent and causing your death. If I purposely fire it at you there is a possibility it will kill you and if it does I face a murder charge. FTFY[/QUOTE]