My first thought was, "Those Royals sure ain't what they used to be."
Posted on 03/29/2005 8:39:44 AM PST by Dan from Michigan
Man accused of throwing chair during Palace brawl pleads no contest
3/29/2005, 10:48 a.m. ET
By SARAH KARUSH
The Associated Press
PONTIAC, Mich. (AP) — A fan charged with throwing a chair during one of the worst brawls in U.S. sports history pleaded no contest Tuesday to one count of felony assault and one count of misdemeanor assault and battery.
Bryant Jackson was the only one of the 13 Indiana Pacers players and Detroit Pistons fans charged with a felony for their alleged role in the Nov. 19 melee at The Palace of Auburn Hills.
Oakland County Circuit Judge Rae Lee Chabot indicated that she would sentence Jackson to probation or up to 90 days in jail on May 3.
Chabot said she would be listening for signs of remorse at Jackson's sentencing hearing, and that would play a role in whether Jackson would serve jail time. The judge said she believes that events at The Palace were triggered by a "mob mentality."
Assistant county prosecutor Paul Walton, however, said his office would request a sentence of one year in jail. Walton said the mob mentality didn't excuse Jackson's actions.
"These are adults," he said. "They should be able to control themselves. If they can't, they should be in jail."
Jackson and his attorney, Christopher McGrath, declined to comment after the hearing.
Jackson, a 37-year-old resident of Genesee County's Mundy Township, is accused of dislodging a chair and heaving it over his head, hitting several people. He also is accused of throwing a drink at the Pacers as they left the court area.
A no contest plea is not an admission of guilt but is treated as such for sentencing purposes.
A motion hearing is scheduled in district court in Rochester Hills for April 8 in the cases of the five Pacers — Ron Artest, Jermaine O'Neal, Stephen Jackson, Anthony Johnson and David Harrison — and for four of the fans.
Three other fans were sentenced to probation earlier this month on charges of walking on a court or throwing objects.
He could challenge Bobby Knight to a chair-throwing contest.
My first thought was, "Those Royals sure ain't what they used to be."
If I were the judge, I wouldn't accept "no contest."
No contest means guilty for all intents and purposes.
So I've been informed. Why not guilty, then ?
Unless he's also made to pay the bill for that year in jail, I'd rather the penalty be a stiff fine for the SOB. $10,000 ought to be a sufficient deterrent. That, plus court costs and any actual damages.
A plea of nolo contendre cannot be used, in subsequent civil litigation, as evidence against the defendant. If someone pleads guilty, then that admission of responsibility can be entered into evidence and it's pretty persuasive. The nolo plea is, for criminal purposes, indistinguishable from a guilty plea but for civil purposes it's completely different.
A simplified example: Hank Hothead takes a swing at Vince Victim, and breaks Vince's nose. That then requires reconstructive surgery. Now, the State prosecutes Hank for assault & battery - the crime (theoretically) hurts all members of society. Hank has a choice; he can plead guilty or he can plead nolo contendre.
After the criminal trial is over, Vince sues Hank. This isn't a double jeopardy problem - jeopardy only generally attaches when the defendant's liberty is at risk and no civil judgement can take liberty. Vince can sue Hank because Hank committed the tort of assualt, injuring Vince specifically. If Hank plead nolo in the criminal case, Vince's attorney would have to collect enough evidence to prove that Hank did, indeed, assualt Vince and that that assault caused the injuries. With a guilty plea, that evidence is all wrapped up neatly with a bow on it in the record of Hank's criminal trial. With a nolo plea, it takes more work.
Disclaimer: IANAL, YMMV, etc.
What's happened court-wise to any of the basketball team players who started the riot?
Thank you. I guess I knew that. The reactionary in me asked the prior question.
Does anyone else find it unbelievable that none of the players were charged with a felony. Artest attacked someone completely unrelated to the incident
According to the Detroit News, they have a motion hearing on 8 April and a pre-trial hearing on 22 April.
No problem, glad to be of assistance.
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