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  #46 (permalink)  
Old Mon Mar 31, 2008, 10:07pm
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Quote:
Originally Posted by rainmaker
You could be right, but there's no way for you to know this for sure. Chi should at least consult a reputable attorney with experience in this kind of civil suit. It's possible he could win big time with the right attorney in the right venue. And it would be worth winning small if only as a warning to other hot-head folks who might think twice in the future before they hit a defenseless official who was only doing their job.
You are 100% correct. There is a chance he could win a civil suit. What you are not thinking about is the set of witnesses that the coach will bring in. They will say how Chi baited the coach during the game. They will say how Chi went at the coach, dropped and F-bomb, and looked like he was about to hit him first. They'll say the coach was worried for his safety. It will all be blatant lies and huge exaggerations and the judge or jury will almost always throw it out. The flip side? In criminal court, the coach threw the punch after verbal provocation, didn't cause a major injury. Worst case? He'll plead to misdemeanor assault, get fined, and may get probation. Nothing Chi can do about that, and that's the market price in our court system today for what he described.

The coach is 100% wrong and should be punished worse than that. I agree with all of you on that point. Chances of that occurring are very slim.

BTW, I love the right attorney in the right venue idea. Right out of John Grisham!
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  #47 (permalink)  
Old Mon Mar 31, 2008, 10:17pm
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Quote:
Originally Posted by TheOracle
The coach is 100% wrong and should be punished worse than that. I agree with all of you on that point. Chances of that occurring are very slim.

BTW, I love the right attorney in the right venue idea. Right out of John Grisham!
Well, I"m not going to argue legal strategy, but my experience as a defendant as a plaintiff in court is that the right lawyer can counter that whole "poor coach" routine without any problem. I'm not saying Chi should definitely file a civil suit but he should without question make it look very serious as a possibility, by consulting a lawyer, and threatening. Don't let the coach think he's got a chance to win.
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  #48 (permalink)  
Old Mon Mar 31, 2008, 10:30pm
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Quote:
Originally Posted by rainmaker
Well, I"m not going to argue legal strategy, but my experience as a defendant as a plaintiff in court is that the right lawyer can counter that whole "poor coach" routine without any problem. I'm not saying Chi should definitely file a civil suit but he should without question make it look very serious as a possibility, by consulting a lawyer, and threatening. Don't let the coach think he's got a chance to win.
I'm sorry you have experiences in court as a plaintiff and/or defendant! I wouldn't wish that on anyone!

The coach already lost. He will almost certainly get dinged on a misdemeanor if Chi presses charges, and if he gets probation, trust me, that cannot be fun. It will be demeaning and humiliating.
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  #49 (permalink)  
Old Mon Mar 31, 2008, 10:46pm
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Thumbs down

Remind me not to send my grandkids to the same law school TheIgnoracle obviously went to. I think it was the "Bobby Fuller I Fought The Law School".
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  #50 (permalink)  
Old Tue Apr 01, 2008, 08:12am
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Quote:
Originally Posted by rainmaker
And it would be worth winning small if only as a warning to other hot-head folks who might think twice in the future before they hit a defenseless official who was only doing their job.
Rainmaker, you make a rational point here. However, I don't think people who punch sports officials are rational people and thus I doubt they would heed this (or any other) "warning." Sadly.

Having said that, it's at least worthy of consulting with an attorney.
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  #51 (permalink)  
Old Tue Apr 01, 2008, 08:42am
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Quote:
Originally Posted by jdw3018
No, I didn't.

The circumstances were quite different between the two incidents. That's all I was saying.
Again, a flair for the obvious.
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  #52 (permalink)  
Old Tue Apr 01, 2008, 08:55am
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[QUOTE=TheOracle]You are 100% correct. There is a chance he could win a civil suit.

Morally, it was the right thing to do to walk away. It takes a big person to do that. I only wanted to point out to the folks who want the book thrown at the coach or for Chi to bring a civil suit against the coach that none of that will be fruitful within the legal system. The coach may pay a small fine based on a misdemeanor but never go to jail, and never lose a civil case.

Geesh...........make up your mind will ya.

Last edited by fullor30; Tue Apr 01, 2008 at 08:57am.
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  #53 (permalink)  
Old Tue Apr 01, 2008, 09:07am
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Quote:
Originally Posted by fullor30
Geesh...........make up your mind will ya.
You ask too much.
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  #54 (permalink)  
Old Tue Apr 01, 2008, 09:54am
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Originally Posted by Snaqwells
You ask too much.

Ha!
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  #55 (permalink)  
Old Tue Apr 01, 2008, 10:01am
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Quote:
Originally Posted by rainmaker
Well, I"m not going to argue legal strategy, but my experience as a defendant as a plaintiff in court is that the right lawyer can counter that whole "poor coach" routine without any problem. I'm not saying Chi should definitely file a civil suit but he should without question make it look very serious as a possibility, by consulting a lawyer, and threatening. Don't let the coach think he's got a chance to win.
I have a close friend who is a professional bloodsucker. So I give him this sitch and his eyes light up . He asks if it happened to someone I knew. I broke his heart and told him it happened in the midwest .

He believed it was a no brainer no lose deal. Cases like this are settled out of court all of the time. The whole deep pockets thing makes it a profitable deal.

SO hire a professional bloodsucker and go with it.
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  #56 (permalink)  
Old Tue Apr 01, 2008, 10:05am
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OK, I stopped reading in the middle and skipped to the end, so I probably missed this in here somewhere - isn't assaulting a sports official a felony in your state Chi??? I know here in Washington State it is considered a Class C Felony, so all this talk about a misdemeanor and a small fine wouldn't happen here - it counts big time. Probably no jail time, but a felony record and all that brings with it...
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  #57 (permalink)  
Old Tue Apr 01, 2008, 10:34am
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rockyroad, be thankful that your State Legislature passed a "Referee Assault" bill. According to NASO I think only 16 or so States have done so. Our state has not. So a "single punch" assault will result in very little criminal consequence. However I know an Lawyer in our office complex. According to him he would readily take the cas as described on a contingency basis as he said in our State this would be an easy "pay day"
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  #58 (permalink)  
Old Tue Apr 01, 2008, 10:34am
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A little research on the internet tells me that no, Colorado does not have any particular laws governing attacks on sports officials. I'm not confident, however, as the website I found doesn't mention Washington State as having felony laws for such offenses.
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  #59 (permalink)  
Old Tue Apr 01, 2008, 10:35am
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rockyroad, be thankful that your State Legislature passed a "Referee Assault" bill. According to NASO I think only 16 or so States have done so. Our state has not. So a "single punch" assault will result in very little criminal consequence. However I know an Lawyer in our office complex. According to him he would readily take the case as described on a contingency basis as he said in our State this would be an easy "pay day."
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  #60 (permalink)  
Old Tue Apr 01, 2008, 10:46am
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Quote:
Originally Posted by rockyroad
OK, I stopped reading in the middle and skipped to the end, so I probably missed this in here somewhere - isn't assaulting a sports official a felony in your state Chi??? I know here in Washington State it is considered a Class C Felony, so all this talk about a misdemeanor and a small fine wouldn't happen here - it counts big time. Probably no jail time, but a felony record and all that brings with it...
Oracle thinks the best you can do is sentence the guy to a month of no lattes at the local Starbucks
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