martial artist beaten to death...sad story

[txwingchun]

Am I the only that finds it funny that a TKD'er got kicked to death.

[GunnedDownAtrocity]

nope.

[Grays Anatomy]

Is there any way we could get some more details about the court case?

In all my research through legal resources I have NEVER heard of a "deadly weapons" conviction from the use of hands/feet by trained people.

Battery, Assault, even Murder/Manslaughter charges but I have never seen the reference to deadly weapons.

[Grays Anatomy]

I saw the story (and on Yahoo News). That's very bad news.

[BrentCarey]

I saw a man beat to death in Seattle several years ago. A much larger man made repeated kicks to the victim's head as he chased him down the sidewalk. The victim finally fell to the ground. The attacker then got on top of him and just kept hitting him in the head, smashing his head on the sidewalk every time he raised it slightly.

I thought the victim was dead by the time I got to the two men. It was crowded, and everyone else just stood there and watched. I made threatening gestures that got the attacker to stop what he was doing and come after me. He was tall, slow, and Tae Kwon Do, so it was easy to dodge his kicks.

His friends came and got him about the same time he started getting dizzy and tired of messing with me. He was also very drunk. Surprisingly the victim got up. I took a quick look at him and saw that the pupils were different sizes and he was bleeding profusely from the head.

I found a policeman a couple of blocks away. He came over and called an ambulance. The guy died the next day in the hospital.

When you fight, people get hurt. Sometimes when people get hurt, they die. Some people would look at that fight and say that they had seen worse fights where no one was seriously injured, and that the attacker shouldn't really be convicted of murder or manslaughter since the victim's death is somehow a fluke.

If you intentionally do something reckless, and bad consequences occur, you must accept full responsibility for the consequences as if you had intentionally created them. If you drink and drive 100 times with no problems, then one day smash into a car and kill a family, that is murder in my book.

Willingly entering into a fight and accidentally killing someone is the same thing. There are people out there that love to fight and think it's cool, macho, or whatever. A bunch of them frequent these forums.

Well, fighting is at minimum simple assault. If you have martial arts training or a weapon it will most likely be classified as aggravated assault. This is not only true if someone gets hurt. If you either intend to seriously injure, or use techniques that are likely to produce serious injuries, that is aggravated assault. If the other person dies, that is homicide.

I hope all of the "fighters" in these forums take pause at this.

Best regards,

Brent Carey

[dnc101]

by Carl Brown, a Judo instructor and trial lawyer with experience in these cases. I'd recomend any serious martial artist read this book, as there's a lot of misconception as to how the law treats a martial artist who uses his skills either in self defense or in offense- or for that matter if he gets beat.

Basically, the courts will consider things like the type and level of training of the two parties, relative size and strenght, health, consent, foreknowlege, mindset, the visciousness of the attack, and did someone keep striking after the other was subdued. If sufficiently trained and conditioned, hands and feet can be considered deadly weapons. Shoes can also fall into that category if sufficiently sturdy and if used in such a manner as to be dangerous.

[Crimson Phoenix]

Yeah, and one day the law will ask you to just stand there and receive your beat-up.
Pffff...at least, on an animal point of view, it's better to be in jail than to be dead...and you also can still practice your fajings in jail, like Guo Yun Shen did