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Notre Dame (football only discussion)

Buckeyeskickbuttocks;1805350; said:
Sounds like an easy lawsuit to prosecute from here.

MililaniBuckeye;1805393; said:
His personally taking the blame leaves him open for a civil suit...

I'm sure he was advised that making the statement was OK because it was already a pretty easy case to begin with. With or without the statment, the president, coach & AD were probably going to be named in any civil suit.

From a damage control standpoint, ND's best move was get out in front of the story, show contrition and hope the family is inclined to settle and move on the best they can.
 
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matcar;1805432; said:
I'd like to hear more about this "thong" air that you speak of.

Nice. Typed from my phone well into martini #3 and a prime rib sandwich at Miller's Pub. Whether it was my own Freudian slip or my phone "auto correcting" to thong, I'll leave to my worthy constituents.

Thong air, btw, is much more worthy than the stale and overrated "thin air."
 
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Buckeyeskickbuttocks;1805350; said:
Sounds like an easy lawsuit to prosecute from here.

I think there should be criminal charges as well:

Reckless endangerment: A person commits the crime of reckless endangerment if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. ?Reckless? conduct is conduct that exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. The accused need not intentionally cause a resulting harm or know that his conduct is substantially certain to cause that result. The ultimate question is whether, under all the circumstances, the accused?s conduct was of that heedless nature that made it actually or imminently dangerous to the rights or safety of others.

I'm not a lawyer, as exhibited by my Wiki cut and paste above, but it seems to me the situation fits the crime to a tee.
 
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Criminal charges could occur. I thought to participate in a criminal charge, one needed to have premetitative intentions to commit a crime. While I'm sure no one intentionally wanted to kill Sullivan, after doing some reading a bit this scenario seems to fall under gross, fatal negligence, or criminally negligent manslaughter. It's involuntary, but to my knowledge is still a criminal act and someone could be charged I would bet. I know very little about legal process as well, so I'm in the same boat.

At this point, I'm rather sick of seeing this story continuing to circulate and just wish the investigation would conclude. The univeristy has brought an independant investigator from another university, Arizona, to conduct their own inquiries to the death. I'm not sure if this will speed things up or slow it down. I understand the Father Jenkins is trying to take the fall here, but thats a little much, I'm sure he's not directly responsible for individuals filming practice. Someone needs to step forward and admit guilt that is directly responsible. Whoever is in charge of staffing videographers or supervisors that send the student employees out, they need to come forward and accept the punishment whatever it may be. Whether it's the AD Swarbrick, Kelly, someone else in the department, doesn't matter.
 
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ulukinatme;1805482; said:
Criminal charges could occur. I thought to participate in a criminal charge, one needed to have premetitative intentions to commit a crime. While I'm sure no one intentionally wanted to kill Sullivan, after doing some reading a bit this scenario seems to fall under gross, fatal negligence, or criminally negligent manslaughter. It's involuntary, but to my knowledge is still a criminal act and someone could be charged I would bet. I know very little about legal process as well, so I'm in the same boat.

What could happen and what is likely are worlds apart. All criminal prosecutions are at the discetion of the prosecutor. What prosecutor, other than the feds, could get reelected in Indiana if he/she goes after ND? The feds are not elected, but would be on a similar political hot seat and might not even have the luxury of finishing a current term in office.
 
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ulukinatme;1805482; said:
Criminal charges could occur. I thought to participate in a criminal charge, one needed to have premetitative intentions to commit a crime.

Nah.

Reckless homicide, reckless endangerment, involuntary manslaughter...you can get criminal charges without specific intent to commit.
 
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President Jenkins' statement was a good one. I also noticed that he seemed to support Kelly in that statement, but not AD Swarbrick. Perhaps that's just because Kelly is better-known and that it was his decision to hold practice outside, or perhaps Swarbrick will be the one designated to take the fall.
 
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I think it's a bit of a stretch to think there will be anything criminal to come out of this tragedy.

I would imagine the university and the family will eventually settle out of the public eye, Ntre Ame will probably build some sort of permanent structure to allow videotaping of the practices and they will dedicate it to the kids memory.

There's a pretty well set PR campaign to settle this issue and I'd imagine Ntre Ame will follow it to the letter.
 
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Gatorubet;1805532; said:
Nah.

Reckless homicide, reckless endangerment, involuntary manslaughter...you can get criminal charges without specific intent to commit.

Thats right. If the kid told Kelly he didn't wanna go up there and he made him anyway, he opened the door for charges. I doubt it though, it would take a pretty ambitious prosecutor. If they wanted to dig I'm sure they'd find something they didn't like.
 
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