Restraining order filed against WO-S school...

[Guest ECBucFan]

http://www.beaumontenterprise.com/news/article/Brawl-leading-to-football-players-arrests-caught-11089955.php

 

 

[Tiger90]

Absolutely ridiculous.  Extracurricular is not a right its a privilege and the school should not be forced to allow participation.  Chapter 37 of education says a student shall be removed and placed in a disciplinary setting if the superintendent or designee has reasonable belief the student committed a felony in Title V of the penal code whether on campus or not.  

This ruling has the potential to be a landmark type ruling.

[tvc184]

The law actually says that the school "must prohibit" extracurricular activity in such a case. The way I read the law, it does not seem to even give an option. 

The article says that a restraining order has been "filed". It does not mention any relief by a judge hearing the case. Hopefully the school district attorney can convince the judge to simply follow the law. 

[Hagar]

Follow the law.  I understand 110% what you're saying, but based on some judge's decisions I've seen on the news lately, we have to many re-interpreting the law.  Hope this one goes like it's written.

[tvc184]

3 hours ago, REBgp said:

Follow the law.  I understand 110% what you're saying, but based on some judge's decisions I've seen on the news lately, we have to many re-interpreting the law.  Hope this one goes like it's written.

Nope, the judge appears to have completely ignored the Education Code which is the prevailing law. 

[AthleticSupporter - Jock]

There is zero chance of this kid being convicted of a felony. Seriously?  He threw a punch at Crystal Beach. If everyone that fought at Crystal Beach got a felony on their record, we would all be in trouble. There are certain bars you go to when you are looking for trouble. So when a fight breaks out and you get punched, well, what did you expect?  Crystal Beach is that bar and has been since we used to call it "The Zoo" in the late 80s.  I've said it on other threads and I'll say it again.  The only problem I have in these situations is ganging up on one kid and head kicks & stomps while your opponent is defenseless and partially unconscious on the ground.  I see no problem with the punch thrown by Morris. That's the price of admission at Crystal Beach. 

[tvc184]

1 hour ago, AthleticSupporter - Jock said:

There is zero chance of this kid being convicted of a felony. Seriously?  He threw a punch at Crystal Beach. If everyone that fought at Crystal Beach got a felony on their record, we would all be in trouble. There are certain bars you go to when you are looking for trouble. So when a fight breaks out and you get punched, well, what did you expect?  Crystal Beach is that bar and has been since we used to call it "The Zoo" in the late 80s.  I've said it on other threads and I'll say it again.  The only problem I have in these situations is ganging up on one kid and head kicks & stomps while your opponent is defenseless and partially unconscious on the ground.  I see no problem with the punch thrown by Morris. That's the price of admission at Crystal Beach. 

 You say that you have a problem with head kicking and stomping a defenseless person.  That is what makes the aggravated assault under Texas law. 

 For all of the people involved in this incident, the DA office and sheriffs office appears to have singled out 4 people as being the one involved in this act  of assaulting a person who was defenseless.  It was not everyone who threw a punch or who was involved in the overall melee. 

 I have no clue of any of it other than one person was seriously injured.  The logical question  would be to ask if the student in question was one of the persons that took part and if there is video or if there are credible witnesses that say he took part in your description of kicking a man when he was down. You claim to have knowledge that all he did was "threw a punch". 

 If that is correct then you are likely also correct in that he will not be convicted of the assault.... and should be.   If there are credible witnesses or if there is video of this student taking part in kicking and stomping a man who was defenseless, he will likely be convicted of the assault.... and should be. 

 My question for you would be, how do you know he only threw a punch? 

[baddog]

Some people would have a totally different outlook had this been their kid.

Fighting has never been the price of admission at Crystal Beach. 

[AthleticSupporter - Jock]

4 hours ago, tvc184 said:

 You say that you have a problem with head kicking and stomping a defenseless person.  That is what makes the aggravated assault under Texas law. 

 For all of the people involved in this incident, the DA office and sheriffs office appears to have singled out 4 people as being the one involved in this act  of assaulting a person who was defenseless.  It was not everyone who threw a punch or who was involved in the overall melee. 

 I have no clue of any of it other than one person was seriously injured.  The logical question  would be to ask if the student in question was one of the persons that took part and if there is video or if there are credible witnesses that say he took part in your description of kicking a man when he was down. You claim to have knowledge that all he did was "threw a punch". 

 If that is correct then you are likely also correct in that he will not be convicted of the assault.... and should be.   If there are credible witnesses or if there is video of this student taking part in kicking and stomping a man who was defenseless, he will likely be convicted of the assault.... and should be. 

 My question for you would be, how do you know he only threw a punch? 

I only know what the witnesses said in their statements and none of them said the big boy kicked or stomped anyone. He threw one punch according to the interviews done by the investigators. I'm only speaking about the student that this thread was about. 

[tvc184]

3 hours ago, AthleticSupporter - Jock said:

I only know what the witnesses said in their statements and none of them said the big boy kicked or stomped anyone. He threw one punch according to the interviews done by the investigators. I'm only speaking about the student that this thread was about. 

I am not done disputing anything  since I know absolutely nothing about the incident. 

 Having been involved in thousands of investigations however, I am surprised that the investigators released the information on what witnesses said.  Where can I read the statement released by the police? 

[CardinalBacker]

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I had better luck using a computer than a smartphone.

If I read correctly, one of MJ's relatives contacted the victim directly and said that MJ wanted to apologize. I guess he was mostly sorry until he realized that there might be consequences.

 

 

[BS Wildcats]

1 hour ago, CardinalBacker said:

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I had better luck using a computer than a smartphone.

If I read correctly, one of MJ's relatives contacted the victim directly and said that MJ wanted to apologize. I guess he was mostly sorry until he realized that there might be consequences.

 

 

This is usually the case

[bullets13]

20 hours ago, AthleticSupporter - Jock said:

There is zero chance of this kid being convicted of a felony. Seriously?  He threw a punch at Crystal Beach. If everyone that fought at Crystal Beach got a felony on their record, we would all be in trouble. There are certain bars you go to when you are looking for trouble. So when a fight breaks out and you get punched, well, what did you expect?  Crystal Beach is that bar and has been since we used to call it "The Zoo" in the late 80s.  I've said it on other threads and I'll say it again.  The only problem I have in these situations is ganging up on one kid and head kicks & stomps while your opponent is defenseless and partially unconscious on the ground.  I see no problem with the punch thrown by Morris. That's the price of admission at Crystal Beach. 

kinda depends on the punch, doesn't it?  two drunk guys squaring off for a few punches is one thing.  A sucker punch is another.  I don't know what exactly the case was here, but there are certainly punches that are felony assaults, no matter where the location is that they occur.  By your logic if I see you out at Crystal Beach I'm well within my right to come up and knock your teeth out, with no repercussions, just because we're at Crystal Beach.  While I don't know all of the details of the case in question, this kid could be screwed because of the overall cumulative damage done to the kid he hit.  He was involved in a group assault with three other kids, and their victim ended up with a shattered face.  I'm not sure how much it really matters that he only threw one punch, since he threw the first punch that instigated the whole attack.  In Texas, if my friends and I go in to rob a store and one of them kills someone, I'm charged with that murder.  If my friends and I assault someone as a group, it seems like I'd be responsible for the outcome of that as well.  I'm not sure how you can say that my role was less because I only punched him once.  I also don't know how you'd be able to distinguish the injuries caused by the punch and the injuries caused by the kicks if you wanted to determine which blows caused which damage. 

[CardinalBacker]

53 minutes ago, bullets13 said:

kinda depends on the punch, doesn't it?  two drunk guys squaring off for a few punches is one thing.  A sucker punch is another.  I don't know what exactly the case was here, but there are certainly punches that are felony assaults, no matter where the location is that they occur.  By your logic if I see you out at Crystal Beach I'm well within my right to come up and knock your teeth out, with no repercussions, just because we're at Crystal Beach.  While I don't know all of the details of the case in question, this kid could be screwed because of the overall cumulative damage done to the kid he hit.  He was involved in a group assault with three other kids, and their victim ended up with a shattered face.  I'm not sure how much it really matters that he only threw one punch, since he threw the first punch that instigated the whole attack.  In Texas, if my friends and I go in to rob a store and one of them kills someone, I'm charged with that murder.  If my friends and I assault someone as a group, it seems like I'd be responsible for the outcome of that as well.  I'm not sure how you can say that my role was less because I only punched him once.  I also don't know how you'd be able to distinguish the injuries caused by the punch and the injuries caused by the kicks if you wanted to determine which blows caused which damage. 

I've wondered the same thing.... how can any one person be singled out at causing the injuries?  It almost seems as if everybody who took part would be responsible.  

I think where it gets a little cloudy is the circumstances.... We're not talking about a casual dust-up between a couple of kids at the Zoo.  This is a very serious attack, and the injuries sustained by the victim seem to demand punishment.  Not wanting to beat a dead horse, but it's like the "fight" in LCM during the end of basketball season.  Nobody would have been too upset or shocked by a good old-fashioned scrap during a basketball game.  What got everybody excited was the footage of the kid from Silsbee attacking the unsuspecting LCM player yards away from the fight.  Trying to pretend that incident was just a friendly knuckle duster, or this one was just a little tussle that got a little out of hand is seriously downplaying the seriousness of these attacks.  

Me?  I've got more respect for the big guy if he literally smoked this kid and tried to apologize than I do for grown men that would continue to strike or kick an unconscious man.  I don't care who you play football for or what your friends say about you.... you are a thug, and you might have a lot of talent but your character is absent.  I wonder who all went through the kid's pockets while he was out?

[AthleticSupporter - Jock]

19 hours ago, bullets13 said:

kinda depends on the punch, doesn't it?  two drunk guys squaring off for a few punches is one thing.  A sucker punch is another.  I don't know what exactly the case was here, but there are certainly punches that are felony assaults, no matter where the location is that they occur.  By your logic if I see you out at Crystal Beach I'm well within my right to come up and knock your teeth out, with no repercussions, just because we're at Crystal Beach.  While I don't know all of the details of the case in question, this kid could be screwed because of the overall cumulative damage done to the kid he hit.  He was involved in a group assault with three other kids, and their victim ended up with a shattered face.  I'm not sure how much it really matters that he only threw one punch, since he threw the first punch that instigated the whole attack.  In Texas, if my friends and I go in to rob a store and one of them kills someone, I'm charged with that murder.  If my friends and I assault someone as a group, it seems like I'd be responsible for the outcome of that as well.  I'm not sure how you can say that my role was less because I only punched him once.  I also don't know how you'd be able to distinguish the injuries caused by the punch and the injuries caused by the kicks if you wanted to determine which blows caused which damage. 

 

19 hours ago, bullets13 said:

kinda depends on the punch, doesn't it?  two drunk guys squaring off for a few punches is one thing.  A sucker punch is another.  I don't know what exactly the case was here, but there are certainly punches that are felony assaults, no matter where the location is that they occur.  By your logic if I see you out at Crystal Beach I'm well within my right to come up and knock your teeth out, with no repercussions, just because we're at Crystal Beach.  While I don't know all of the details of the case in question, this kid could be screwed because of the overall cumulative damage done to the kid he hit.  He was involved in a group assault with three other kids, and their victim ended up with a shattered face.  I'm not sure how much it really matters that he only threw one punch, since he threw the first punch that instigated the whole attack.  In Texas, if my friends and I go in to rob a store and one of them kills someone, I'm charged with that murder.  If my friends and I assault someone as a group, it seems like I'd be responsible for the outcome of that as well.  I'm not sure how you can say that my role was less because I only punched him once.  I also don't know how you'd be able to distinguish the injuries caused by the punch and the injuries caused by the kicks if you wanted to determine which blows caused which damage. 

 

If you are in an area of Crystal beach known for heavy drinking and fighting(30 years ago it was known as swede's) then you should absolutely have your head on a swivel. If you go to a bar where heavy drinking is taking place, then be prepared to fight. I'm confused as to why it is difficult for some to understand this logic.  And just to repeat so that I am clear, my comments on this thread are about one young adult throwing a punch at another young adult in a place where heavy drinking was taking place.  This thread was about him and him only. Please find me a judge that will stick a felony on this kid's record that punch.  Come on man.   I am not going to comment on the kicking and stomping of a defenseless person.  You should know how I feel about that but that is not what this thread is about.

[AthleticSupporter - Jock]

18 hours ago, CardinalBacker said:

I've wondered the same thing.... how can any one person be singled out at causing the injuries?  It almost seems as if everybody who took part would be responsible.  

I think where it gets a little cloudy is the circumstances.... We're not talking about a casual dust-up between a couple of kids at the Zoo.  This is a very serious attack, and the injuries sustained by the victim seem to demand punishment.  Not wanting to beat a dead horse, but it's like the "fight" in LCM during the end of basketball season.  Nobody would have been too upset or shocked by a good old-fashioned scrap during a basketball game.  What got everybody excited was the footage of the kid from Silsbee attacking the unsuspecting LCM player yards away from the fight.  Trying to pretend that incident was just a friendly knuckle duster, or this one was just a little tussle that got a little out of hand is seriously downplaying the seriousness of these attacks.  

Me?  I've got more respect for the big guy if he literally smoked this kid and tried to apologize than I do for grown men that would continue to strike or kick an unconscious man.  I don't care who you play football for or what your friends say about you.... you are a thug, and you might have a lot of talent but your character is absent.  I wonder who all went through the kid's pockets while he was out?

1

I agree with most of what you said.  And I am not trying to downplay what happened to this young man AFTER the initial punch.  It is disgusting and does deserve punishment.  But up to and including the first punch that apparently dropped the young man is not felony material.

[bullets13]

4 hours ago, AthleticSupporter - Jock said:

I agree with most of what you said.  And I am not trying to downplay what happened to this young man AFTER the initial punch.  It is disgusting and does deserve punishment.  But up to and including the first punch that apparently dropped the young man is not felony material.

if one is interested in following the law then it very well could be.  what If that first punch had killed the kid?  I've read many stories over the years about people getting killed by one punch.

[CardinalBacker]

3 minutes ago, bullets13 said:

if one is interested in following the law then it very well could be.  what If that first punch had killed the kid?  I've read many stories over the years about people getting killed by one punch.

The nature of the kid's injuries will take the charges to a felony level, I believe. 

[bullets13]

2 minutes ago, CardinalBacker said:

The nature of the kid's injuries will take the charges to a felony level, I believe. 

Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec.

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and the person:

(1) causes serious bodily injury to another, including the person's spouse; or

(2) uses or exhibits a deadly weapon during the commission of the assault.

 

It's not really complicated.

[tvc184]

9 hours ago, AthleticSupporter - Jock said:

If you are in an area of Crystal beach known for heavy drinking and fighting(30 years ago it was known as swede's) then you should absolutely have your head on a swivel. If you go to a bar where heavy drinking is taking place, then be prepared to fight. I'm confused as to why it is difficult for some to understand this logic.  And just to repeat so that I am clear, my comments on this thread are about one young adult throwing a punch at another young adult in a place where heavy drinking was taking place.  This thread was about him and him only. Please find me a judge that will stick a felony on this kid's record that punch.  Come on man.   I am not going to comment on the kicking and stomping of a defenseless person.  You should know how I feel about that but that is not what this thread is about.

First off, it will not likely go in front of a judge but a jury. 

Some juries aren't very sympathetic to a bunch of drunks and in fact may be prejudiced against such action. Guilt isn't debated in living rooms but by jurors sitting alone in a room and they come from the general public, not a debating forum. 

I have seen such rationale in citations that I have written such as for loud music. I guess some might have the theory that a jury member has teenage kids and might therefore have sympathy for not hammering a kid for such action. I testified in front of such a jury and saw a kid get hit with almost $1,000 in fines and costs from a jury.

You  say that it is not about stomping a defenseless person but that seems exactly what it is about. I asked you what information that you had as to the "single blow" statement that you made. Your only response was a witness statement. It again seems that you are basing your "single judge" result on that single hit. 

My question to you again is, was there a single hit by the student in question and did that supposed single hit have anything to do with the results? If so he might be in a bunch of trouble and might need to find your judge who would never convict him on your witnesses credible testimony that you read somewhere. 

If it is true that he only hit the victim one time and it had nothing to do with the outcome, he should have never been charged and if so, hopefully will not be indicted. I am just always curious on internet debates where claims are made because someone read what another person said about what someone else said. Do you actually know for a fact that the student charged in this case hit the victim one time and it was not in any way involved in the outcome? I would love to hear such facts if anyone has them. I suspect it may be nothing more than wishful thinking. My only thinking is that whoever is responsible be held accountable and if this student isn't one of them, he has all charges dropped immediately. 

Oh yeah, that "one" hit is still likely an assault which carries up to a year in jail. 

[AthleticSupporter - Jock]

2 hours ago, tvc184 said:

First off, it will not likely go in front of a judge but a jury. 

Some juries aren't very sympathetic to a bunch of drunks and in fact may be prejudiced against such action. Guilt isn't debated in living rooms but by jurors sitting alone in a room and they come from the general public, not a debating forum. 

I have seen such rationale in citations that I have written such as for loud music. I guess some might have the theory that a jury member has teenage kids and might therefore have sympathy for not hammering a kid for such action. I testified in front of such a jury and saw a kid get hit with almost $1,000 in fines and costs from a jury.

You  say that it is not about stomping a defenseless person but that seems exactly what it is about. I asked you what information that you had as to the "single blow" statement that you made. Your only response was a witness statement. It again seems that you are basing your "single judge" result on that single hit. 

My question to you again is, was there a single hit by the student in question and did that supposed single hit have anything to do with the results? If so he might be in a bunch of trouble and might need to find your judge who would never convict him on your witnesses credible testimony that you read somewhere. 

If it is true that he only hit the victim one time and it had nothing to do with the outcome, he should have never been charged and if so, hopefully will not be indicted. I am just always curious on internet debates where claims are made because someone read what another person said about what someone else said. Do you actually know for a fact that the student charged in this case hit the victim one time and it was not in any way involved in the outcome? I would love to hear such facts if anyone has them. I suspect it may be nothing more than wishful thinking. My only thinking is that whoever is responsible be held accountable and if this student isn't one of them, he has all charges dropped immediately. 

Oh yeah, that "one" hit is still likely an assault which carries up to a year in jail. 

Thanks for the legal lesson. I'm not a lawyer but I did sleep at a holiday inn and watch a lot of csi, so here we go. Most of the injuries are consistent with heel stomps and kicks to the face, with the exception of the mouth wired shut. The broken jaw was likely from the single punch which rendered the recipient temporarily unconscious.   These are not facts known to me but educated guesses based on years of experience. I've been sucker punched on more than one occasion by guys bigger and stronger than "Big Mo" and had my jaw broken. I know the kind of blows that drop someone and the kind that don't. I know the kind of force it takes to fracture an eye socket and destroy the sinus and nasal cavity. I also know that when a big confident fighter like Big Mo drops someone, they don't feel compelled to keep viciously beating a man when he is unconscious. It's the weaker bystanders that do that kind of cowardly mess.  From what I've heard and read there are not many witnesses and even less evidence that points to big boy doing the bulk of the damage. But you are probably right. I'm sure he'll be convicted of a felony and spend a year in jail. Look, the only reason I'm even in this forum is because football season hasn't started yet, so don't get so worked up. 

[Aces_Full]

Was the kid squared up to fight "big Mo" or was his hands by his side, not looking for confrontation?  The latter seems most likely when it comes to confronting a guy named "big Mo" and a group of buddies ready to brawl (including a Div 1 college football player).  If I had to wildly guess, he hit someone not looking to fight.  

[CardinalBacker]

39 minutes ago, Aces_Full said:

Was the kid squared up to fight "big Mo" or was his hands by his side, not looking for confrontation?  The latter seems most likely when it comes to confronting a guy named "big Mo" and a group of buddies ready to brawl (including a Div 1 college football player).  If I had to wildly guess, he hit someone not looking to fight.  

You don't understand.

 

Somebody WHITE said the n-word.  Everything else is justified.

[wo-s#1]

Big mo does sound kinda scary I guess,I've never heard him call anything but mo-mo

[CardinalBacker]

2 hours ago, wo-s#1 said:

Big mo does sound kinda scary I guess,I've never heard him call anything but mo-mo

Scary?  My man looked like Gnarls Barkley in the prom pics I saw.