Post by tincup on Nov 16, 2023 10:32:04 GMT -6
Your last line may well be why the charge was brought. Of course, manslaughter does not involve proving that the defendant "intended" to commit the act. It is akin to negligence and merely requires that he was not acting as a reasonable person would under the circumstances. The only thing I might add is that I have never seen a player at any level of games I have seen kick his skate up like this guy did due to the contact with another player. We have all seen many thousands of checks and I'll bet very few have seen a player involved in such close contact kick his skate up as this guy did. But, as you say, it will be a matter for the witnesses, both fact and expert, to hash out.
I also think this might set a precedent either way: When playing a sport known to be dangerous, do reckless actions (or perceived--lawyerspeak intended) on the field/floor/rink justify legal punishment even though "everybody knows" this stuff can happen and you did sign a waiver to play? I think some people irrespective of the side they fall on for this matter are going to be pissed at the outcome.
I think it’s going to be hard to prove malfeasance in this case. It’ll have to play out. If he’s found responsible maybe I’d be satisfied with a lifelong international ban from the sport and a chance of civil litigation from the family of Johnson, who are also victims.