What about victim's past in Rink Rage killing?

Boston Globe, Mike Savage ^ | 1-11-02 | kurtz

[wardaddy]

CAMBRIDGE - The Reading father accused of savagely beating to death another man over rough play at their sons' hockey practice was a ''gentle giant'' who rightfully defended himself when the other father attacked him twice, his lawyer said yesterday during closing arguments in Thomas Junta's manslaughter trial.

[Melas]

No one has mentioned responsiblity and power, and how they inter-relate. I'm 5'1" and 140 pounds if I'm on the Budweiser diet and draped with wet towels. Even so, I'd be afraid to hit someone who was held immobile on his back. I just can't fathom how anyone could support Junta doing that to Costin. A 275 pound hitting someone dead on, against a floor where movement doesn't absorb of the energy is going to be lethal almost every time. With the kind of power Junta had, he should have been more responsible.

[wardaddy]

I know how easily charges can be levied. As I stated earlier I almost got nicked on an assault charge last year for defending myself against an irate renter who came over my counter to "engage". Likewise in Fla, my ex-wife got a restraining order when she dumped me for the gazillionaire right from the getgo. I was served divorce papers in the morning and got "restrained" later that day on no grounds whatsoever other than conjecture. I made it thru that without killing anybody....I must be a pacifist actually8>)

[Deguello]

But that is the problem with this case. There cannot be self defense if Junta walked back into a fight.

If the circunstances were that the death happened in the first fight, self defense could better be applied. The amount of force to the threat level would still be in question, but I bet consideration then would have been less.

If Junta had tried to make a wide loop to avoid Costin in order to get to the locker room, self defense then prevails.

[wardaddy]

My feelings on this case became more ambivalent yesterday after lerning more about the victim's history.

[wardaddy]

Isn't there testimony that the victim jumped on the accused back when he returned?

[MARTIAL MONK]

Years ago, in college, I worked security for a store in a bad area. We had at least several fights a week. I would rather fight a guy 50 pounds heavier than me than one fifty pounds lighter. Big guys, because of their size, have a built in restraint. Little guys are conditioned to use every means at their disposal. Big guys will stand toe to toe, duke it out and let the best man win. Little guys will kill you. I have the knife scars to prove it.

[Howlin]

No convictions and nothing even CLOSE to Costin's.

[Howlin]

Junta had a confrontation with the other man, left the scene, and returned to"finish" the fight.

Costin provoked BOTH altercations; the first was a shoving match; Junta left the rink, returned to get his children, and Costin cold cocked him as soon as he entered the building.

[Howlin]

Ah, it's been MONTHS, literally since this happened.

BTW, I thought the prosecutor embelished quite a bit; she said things that were her opinions or assumptions as if they were fact.

[Howlin]

and you pick up his head and slam it down in the ice as hard as you can

There was DIRECT contradiction to that testimony.

[abandon]

There was DIRECT contradiction to that testimony.

If that's the case, it's up to the jury to decide who to believe.

[Howlin]

I'm glad I'm not them.

[Redcloak]

Some responsibilty has to be borne by Costin. If you attack someone who outweighs you by over 100 pounds, you should expect to be injured. You don't get a few "freebies" in a fight just because the other guy is bigger.

[abandon]

I agree. If they take it seriously, I don't think it's an easy task.

[wardaddy]

I'm not saying the accused is guiltless but my eyes were opened yesterday when I learned of the dead man's record and that he may have let his mouth overload his ass. In any event the state wants Junta's head somehow and they will have it. The only question is to what degree.

A powerful man on top of a fellow could with 3-5 well placed blows to the side of one's head and neck against a non fexible surface like an ice rink do very serious damage. Throw in a couple of head slams and you end up with a corpse. Legally speaking...it would seem to me that Involuntary Manslaughter is the most appropriate at best.

There have been occasions where folks have been killed by one decisive blow. I once saw a fellow with his head pinned to a concrete picnic table and once he was measured the guy on top delivered an incredible one time blow to the temple which resulted in a long term knockout, lots of blood, a concussion, and an ambulance trip to the emergency room. AND...the "victor" was a fellow of about 160 lbs. It was nauseating even for me....and I was friends with the "winner".....who was not arrested btw.

[Deguello]

But who returned to whom? Was there avoidance or did Junta go directly towards Costin?

[wardaddy]

I don't think anyone doubts he was responsible but to what degree?

[wardaddy]

I don't know. The testimony surrounding the moments up to the time the second melee started is fairly convoluted.

[zoyd]

No one seems to factor in that these guys weren't at a bar at 2 AM. They were in a hockey rink surrounded by kids and families.

The fact that the two of them decided a hockey rink was a great place to fight (in view of families and children) tells me that neither of these guys were White Knights to be commended.

I'm surprised by the support of Junta, a guy who, at the very least, was very gung-ho about getting into a fight in full view of families and children.

Even if the other guy hadn't died, Junta basically scarred every kid in that arena who saw what happened. It's just not good for a kid's development to have them watch two grown men try and kill each other, much less to have one succeed.